Why bother turning in PR card and cancelling permanent residency?

[toby]

If a PR is leaving Canada, and doesn't want PR status any more, why not just let nature take its course, or at leats Canadian regulations? PR automatically expires if he/she doesn't meet the time quote within 5 years. Why is it necessary to formally submit some documents (what are they?) at a CIC office?

 

[tegveer]

Necessary! if I am not wrong it is not even possible to voluntarily surrender your PR status unless you don't meet you residency obligation . Correct me if I am wrong .

 

[Leon]

There are a couple of instances I can think of why somebody might want to cancel PR status.

1. They made a mistake by not including a common law partner, can't sponsor them and would like to apply again as a couple.

2. They may be applying for PR somewhere else and the other country, knowing that they are PR of Canada refuses to grant them PR unless they cancel the Canadian one.

3. They may know they will be away long enough to lose their PR, for example because of studies and would like to cancel their PR before it expires to start a new sponsorship or application in time to get the PR again by the time they come back.

4. They might be really pissed off at Canada for some reason and want to make a statement before they leave forever.

 

[toby]

Good points, Leon, but the PR is not obliged by law to surrender a PR card if he/she knows he is laving the country for the last time, right?

 

[Karlshammar]

No.

Good points, Leon, but the PR is not obliged by law to surrender a PR card if he/she knows he is laving the country for the last time, right?

 

[commonwealth]

toby- why give up something you earned and paid $$$.... things might change so keeping PR does make sense.

 

[tegveer]

Is it possible to surrender your PR status ?

 

[Karlshammar]

Yes.

Is it possible to surrender your PR status ?

 

[Leon]

Good points, Leon, but the PR is not obliged by law to surrender a PR card if he/she knows he is laving the country for the last time, right?

They are not obliged to. Besides, how would you ever know for sure you are leaving for the last time? Your situation may change and you may want to go back at some point within 3 years which you would be allowed to.

 

[toby]

I agree; keep your PR until/unless you cannot meet the minimum residence requirement. I asked the question because I thought I had read somewhere that in certain circumstances the PR is required to return PR documents (like the PR card) to Immigration.

Glad to hear this is not required.

 

[tegveer]

Is it possible to surrender your PR status ?

Yes.

Really ! but how ? can you give me some more information ?

 

[Leon]

Really ! but how ? can you give me some more information ?

13.4. Person satisfies the residency obligation in A28 but has approached the visa office to
relinquish status

In exceptional circumstances, and provided the person is truly voluntarily relinquishing status and
fully understands the consequences, the person may be allowed to complete form IMM 5539B
(Declaration: Relinquishment of Permanent Resident Status/Where the Residency Obligation is
Met) and can then be treated as a foreign national. A copy of the IMM 5539B should be sent to
the Query Response Centre to be stored on microfiche. Officers should always conduct an
in-person interview when accepting voluntary relinquishment of permanent resident status.
Examples of circumstances where this may be allowed include eligibility for diplomatic or other
official assignments, eligibility for permanent resident status in another country or other
employment-related requirements. This procedure is not to be used in lieu of completing a
residency obligation determination where the person is seeking to come to Canada only
temporarily.

See also http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf page 25.

 

[AUH Process]

There are a couple of instances I can think of why somebody might want to cancel PR status.

1. They made a mistake by not including a common law partner, can't sponsor them and would like to apply again as a couple.

2. They may be applying for PR somewhere else and the other country, knowing that they are PR of Canada refuses to grant them PR unless they cancel the Canadian one.

3. They may know they will be away long enough to lose their PR, for example because of studies and would like to cancel their PR before it expires to start a new sponsorship or application in time to get the PR again by the time they come back.

4. They might be really pissed off at Canada for some reason and want to make a statement before they leave forever.

Leon,

1 - If someone relinquishes status, and reapplies, and still qualifies as a skilled worker for migration, does the fact that he voluntarily relinquished the PR earlier have any detrimental effect on his new application?

2 - While relinquishing PR, does the form ask the applicant to specify the reason for relinquishing?...Can you just say "I want to re-apply"?

 

[Leon]

There is a protocol on relinquishing PR. If you have lost your PR status due to residency requirements, you can just relinquish it to speed up the process to go to Canada on a visit visa for example instead of going through appeals and removal orders when you know you have already lost it.

This is mentioned in http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf on pages 23 and onwards. On page 25, there is a bit about people wanting to relinquish PR when they meet the residency requirements saying that it's allowed if you need to do it to get status in another country or to take up employment for a foreign government but they might let people relinquish their PR for another good reason if they asked. I really don't know.

As far as I know, it would not affect a new application if somebody had relinquished their PR before. I have never seen anything to that effect but I may be wrong.

 

[tegveer]

Leon,

1 - If someone relinquishes status, and reapplies, and still qualifies as a skilled worker for migration, does the fact that he voluntarily relinquished the PR earlier have any detrimental effect on his new application?

2 - While relinquishing PR, does the form ask the applicant to specify the reason for relinquishing?...Can you just say "I want to re-apply"?

Well yes in the form IMM5539B reason for relinquishing the status is specifically asked .

I also asked similar questions to the canadian high commission in my country and they said after relinquishing the status you will be treated as any other foreign national and that I should check out their website if I meet the requirements to immigrate again . so that pretty much means that it wont affect the subsequent application .

You should contact the visa office near you and do tell us what they said .