What happens when your permanent residency is revoked?

[chuckd]

Hi guys, can someone tell me what happens when your permanent residency is revoked? Do they send someone to pick you up? Do they take your papers away? How quickly do I have to leave the country? Whats the procedure?

Thanks

 

[Buletruck]

Once your permanent residency is revoked, you no longer have status in Canada and have to leave.....probably 30 days to get your affairs in order and depart. After that, it will likely end up becoming a departure order (if it isn't already one after loosing status).They won't pick you up until the departure order becomes a deportation order, and even then there is no guarantee they will come get you.

 

[PMM]

Hi

Once your permanent residency is revoked, you no longer have status in Canada and have to leave.....probably 30 days to get your affairs in order and depart. After that, it will likely end up becoming a departure order (if it isn't already one after loosing status).They won't pick you up until the departure order becomes a deportation order, and even then there is no guarantee they will come get you.

1. But if your Departure order becomes a deportation order, they will issue a warrant for your arrest, which is entered into CPIC. So if you get stop by an enforcement agency, you will be arrested.

 

[chuckd]

What are the options to fight the deportation?

 

[Buletruck]

Well, if you’ve lost your Permenent residency, and have a deportation order, not much. You might be able to apply for H&C, but it doesn’t necessarily prevent them from removing you. I’m sure a lot would depend on why you lost your status as well. I suspect if it’s for criminality, your chances are slim.

 

[chuckd]

Well, if you’ve lost your Permenent residency, and have a deportation order, not much. You might be able to apply for H&C, but it Doesn’t necessarily prevent them froM removing you. I’m sure a lot would depend on why you lost your status as well. I suspect if it’s for criminality, your chances are slim.

I suppose marriage of convenience immigration fraud would be serious right? BTW what is H&C?

 

[Wonderland_1010]

I suppose marriage of convenience immigration fraud would be serious right? BTW what is H&C?

H&C is humanitarian and compassionate consideration which allows applicants to apply to keep their PR by having good reasons

 

[Buletruck]

Assuming you are talking about your (ex) wife from previous posts, fraud is a criminal offence, which can result in jail time. So yes, it's serious and IRCC and the government take a very dim view of it.
Given the short time she has been a PR, H&C would likely be a non-starter in her case.

Criminal Code:
Fraud

• 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
  • (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
  • (b) is guilty
    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
    • (ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

Marginal note: Minimum punishment
(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

• Marginal note: Affecting public market

(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

 

[chuckd]

Assuming you are talking about your (ex) wife from previous posts, fraud is a criminal offence, which can result in jail time. So yes, it's serious and IRCC and the government take a very dim view of it.
Given the short time she has been a PR, H&C would likely be a non-starter in her case.

She quickly got a lawyer so I'm wondering if a lawyer can save her from deportation some how if her PR was revoked.

 

[Buletruck]

She still has the opportunity to appeal if they haven’t started the whole process yet. If IRCC has started to pursue her residency for fraud, chances are they wouldn’t proceed unless they were confident there was fraud involved and they have a solid case. Government doesn’t generally like to proceed without a certain level of confidence, lest the ruling complicate the process even more.
If it is fraud, a lawyer will only be able to help her to a certain point anyway. They can’t bend the law, only argue a perspective in the law.
Again, IRCC has pretty low tolerance for fraud and the tendency lately seems to be to ensure that it's not occurring and to punish those involved. There is no limitations on misrepresentation (which includes fraud) and there have been cases posted on here where IRCC has gone back to original applications and revoked Canadian citizenship well after the individuals involved received it.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/misrepresentation-in-an-old-abandoned-pr-card-renewal-application.535401/