Can Immigration revoke my Permanent Residency? 

tugsthebugs

Posts: 2

Hello,

Thanks for sharing your situation with us.

If you are referring to Conditional Permanent Resident Status, according to the Citizenship and Immigration Canada (CIC) website,

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application. The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked. The conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012—the day that the amendments came into force.

Aside from the need to satisfy the two-year requirement, conditional permanent residence does not differ from normal permanent residence. These sponsored spouses have access to the same rights and benefits as other permanent residents. They will be allowed to work and study without a work or study permit; they will not be subject to different tuition fees in post-secondary schools; and they will have the same access to health coverage and social benefits, including social security (or income support).

If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown.

[...]

Given concerns about the vulnerability of spouses in abusive relationships, the proposed condition would cease to apply in instances where there is evidence of abuse (that is, physical, sexual, psychological or financial) or neglect (failure to provide the necessaries of life).

So as you can see, the conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012. If they do not remain in the relationship, the sponsored spouse’s status could be revoked.

It also states that the proposed condition would cease to apply in instances where there is evidence of abuse (that is, physical, sexual, psychological or financial) or neglect (failure to provide the necessaries of life).

It is also important to note that the sponsor remains financially responsible until the end of the three-year undertaking period. This is irrespective of the cause of the sponsorship breakdown.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

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Posts: 4075

Losing your permanent resident status

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.

You may lose your permanent resident status if:

An adjudicator determines that you are no longer a permanent resident following an inquiry

A visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.

You may lose your permanent resident status in one of the ways described above if:

*you do not live in Canada for two out of five years;
*you are convicted of a serious crime and told to leave Canada; or
*you become a Canadian citizen.

You do not lose your permanent resident status if your PR card expires.