+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Can I cancel my PR status before its expiry?

gd

Full Member
May 9, 2009
39
0
This query is for experienced Senior guys such as MM, Steaky etc.

I want to know whether there is a way to cancel my PR status before its expiry on 1st October 2014?

I have been employed outside Canada since 2009 when I recieved my PR Card. I have made annual visits to Canada on 4 occasions totalling 114 days. My family however started living in Canada from September 2011. I had to file tax return in Canada for the tax year 2012 along with the filing of my family's tax returns, as even though I don't live in Canada i have residential ties and continue to send their monthly expenses. My PR card is due to expire on 1st October 2014.

Now, to my question:

I have only 580 days left for the expiry of my PR card from today. Even if I start living today in Canada, I would be completing only 580+114 = 694 days in Canada upto the expiry date of my PR card (i.e. 1st October 2014). This means due to my absence from living in Canada for the prescribed no of days ( 730 days within five years) , I will lose my PR status for not fulfilling the residency requirements.

In fact, theoretically, I have already lost my PR status since 36 days ago from today. i.e.730-114=616, 616-580=36 days OR 730 – 694 = 36 days
i.e. Since 22nd January 2013, technically, I cannot be considered a Canadian PR holder because I cannot fulfil the residency requirements before the expiry of my PR card on 31st October 2014.

Practically I have no intention to come and live in Canada and therefore, I have no problem losing my PR. I was told this will not affect my family's PR as they consider each individual separately when it comes to renew the PR card . Is this correct?
If I officially cancel my PR status, I don't need to pay Canadian tax. My family file their own tax and pay it individually.
Please let me know if there is a provision with Canadian Immigration to cancel my PR status before its due date for expiry on the grounds that I will not be able to fulfil the residency requirements?

Regards

gd
 

steaky

VIP Member
Nov 11, 2008
14,335
1,637
Job Offer........
Pre-Assessed..
PMM said:
Hi

If the OP wants to give up his PR status, he goes to the CIC/CHC and completes an IMM 5539B Voluntary Relinquishment of PR Status. See: http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf Section 7.10.
 

gd

Full Member
May 9, 2009
39
0
Hi PMM / Steaky

Thank you Steaky for providing PMM's answer to an earlier query. I downloaded the ENF 23 brochure and read it through. However, I still have some doubts.

1) PMM says "he goes to the CIC/CHC and completes an IMM 5539B Voluntary Relinquishment of PR Status".
In my case, I am residing outside Canada. Do you think I can fill this form at the Canadian Embassy of the country I reside now?

OR

Do I have to do it at a Canadian entry point such as Toronto Airport if and when I try to enter Canada next?

2) If I try to enter Canada thro airport say in the summer 2013 to see my family and at the same time, I tell them I would like to relinquish my PR status, but only want to temporary visit Canada up to the expiry of PR (October 2014), will they allow me to both cancel the PR status and visit temporarily?

I appreciate clarification on these points and thank both of you again.

Regards

gd