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Moderator Moderator Posts: 4077
Posted On: 2/19/2021
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Hi there,
Thank you for reaching out! We are happy to try to answer your question.
Landed immigrant status is an old classification, which has now been replaced with the term permanent resident. If you had landed immigrant status, you would be considered a permanent resident.
To return to Canada as a permanent resident, you must provide a valid PR card or Permanent Resident Travel Document (PRTD).
Details on applying for a permanent resident card can be found on the Immigration, Refugees and Citizenship Canada (IRCC) website. To be eligible to apply for a PR card, you must be a permanent resident of Canada, be physically present in Canada, and meet the residency obligation under section 28 of the Immigration and Refugee Protection Act (IRPA) to maintain permanent resident status.
If you are not currently present in Canada, you should apply for a Permanent Resident Travel Document (PRTD) to enter the country. This document allows a permanent resident to enter the country if they do not have a valid PR card. To be eligible, you must also meet the residency obligation under IRPA.
Typically to maintain permanent status, you must be physically present in Canada for 730 days (2 years) out of the most recent five years; these days do not have to be consecutive. However, this requirement can also be satisfied while living abroad if you worked for a Canadian business on a full-time basis or accompanied a Canadian citizen spouse, common-law partner, or dependent child. Other ways of fulfilling the residency requirements can be found in section 6 of the Permanent Residency Status Determination manual. In these cases, each day would count as one day present in Canada.
It is important to note that PR status is not automatically lost if you do not meet residency requirements, as this only occurs after an official process. However, it is very important to note that an application for a PR card or PRTD would lead to a review of your status and could result in a loss of permanent resident status if you have not met the residency obligation.
Details on the loss of Permanent Resident status can be read on the IRCC website, but here is an excerpt:
You don't lose your permanent resident status when your PR card expires. You can only lose your status if you go through an official process.
You can lose your permanent resident status if:
- an adjudicator determines you are no longer a permanent resident after an inquiry or PRTD appeal;
- you voluntarily renounce your permanent resident status;
- a removal order is made against you and comes into force; or
- you become a Canadian citizen.
Even if you don't meet the residency obligation, you are still a PR until an official decision is made on your status.
An immigration record of landing (IMM 1000) does not act as a status document, and therefore does not automatically entitle the holder to permanent resident status. If you have lived outside of Canada for the past 20 years, it’s possible that you haven’t met the residency requirements to maintain your permanent resident status.
If, after an official determination, it is found that you have not met your obligations as a permanent resident, this would result in a loss of permanent resident status. In that case, you would be entitled to appeal the decision within 60 days of notification of loss of status to the Immigration Appeals Division. If your status is lost after an appeal, you would then have to complete the process of becoming a permanent resident again if you seek to move back to Canada permanently.
We hope that the information we provided is helpful to you. We would also recommend you to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice.
This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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