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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; or
• a visa officer determines you do not meet the required residency when you apply for apermanent 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.

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

If you renounce your permanent resident status, you will permanently change your status in Canada as of the day your application is approved by an officer. You will be unable to appeal the decision to the Immigration Appeal Division (IAD). You will no longer be a permanent resident of Canada. You will no longer be eligible to apply for Canadian citizenship. Any application for Canadian citizenship that is still in process will be refused.

If you do not live in Canada, you will no longer have the right to travel to or stay in Canada, unless you meet all regular requirements to obtain temporary resident status. You may need to apply for a temporary resident visa (TRV) if you would like to return to Canada, depending on your country of citizenship and the purpose of your visit. If you wish to apply for a temporary resident visa, you must submit your visa application separately from your application to renounce your permanent resident status.


TRV applications must be submitted following the existing instructions for submitting TRV applications, while Voluntary Renunciation of PR status applications must be sent in a separate envelope by mail to the CIC visa office.

Once you have renounced your permanent resident status, there is no guarantee that you will be allowed to enter Canada as a temporary resident.


If you do not meet the requirements of temporary residence, you could be prevented from entering Canada or if you are in Canada, you could be removed from Canada.

7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

Residency Requirement

To maintain their status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:

• re-enter Canada, or
• apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen,
• a child travelling with his or her father or mother who is a Canadian citizen,
• an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

• a Canadian business, or
• the public service of Canada or a province,

Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?



Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.

You can count time spent outside Canada toward the physical presence requirement for citizenship if you:

-Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or


-Resided outside Canada with your:

-Canadian spouse or common-law partner, or
-permanent resident spouse, common-law partner, or parent

who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.

Employment as a locally engaged person is not included.

5.25. Co-signers

The spouse or common-law partner of the sponsor may co-sign an undertaking to help meet income requirements by pooling resources; however, common-law relationships must have met common-law requirements prior to co-signing . Other family members may not co-sign. Co-signers should not co- sign when financial requirements are not applicable or if the sponsor meets the income test. For further details see: Consequences of co-signing, section 5.26.


Co-signers:


- must sign the undertaking and the Sponsorship Agreement to have their income considered;
- must meet the same requirements and are subject to the same bars as the sponsor ;
- assume the same obligations as the sponsor and become jointly and severally or solidarily liable if there is default;
- cannot co-sign when sponsorship involves a spouse, common-law or conjugal partner;
- should not co-sign for a child;
- are not permitted for sponsorship in the spouse or common-law partner in Canada class

Only your spouse or common-law partner can co-sign this application.