Canadian Permanent Residency: A Study Guide

Answer the following questions in 2-3 sentences each:

1. What is the age limit and marital status requirement for a child to be considered under the permanent residency obligation?
2. How is the five-year residency obligation period calculated for a permanent resident?
3. What does "voluntary relinquishment" of permanent resident status entail, and when is it an option?
4. Explain the role of "humanitarian and compassionate" (H&C) considerations in decisions about permanent residency status.
5. What is the consequence of an overseas determination that a permanent resident has not met their residency obligation when they attempt to enter Canada?
6. Under what circumstances would a permanent resident be issued an A31(3) travel document with a counterfoil coding of "RX-1"?
7. What constitutes a "Canadian Business" in the context of meeting residency obligations, and what is explicitly excluded from this definition?
8. If a permanent resident has been in Canada for less than five years, how is their residency obligation assessed?
9. What is the significance of the Baker v. M.C.I. decision regarding the consideration of children's interests?
10. What is the purpose of an IMM 5511B "Questionnaire: Determination of Permanent Resident Status"?

Quiz Answer Key

1. A child must be under 22 years of age and must not have a spouse or common-law partner to be considered under the permanent residency obligation. The age and marital status are important factors in determining if a child can be included in a parent's residency calculation.
2. The five-year period is calculated on a rolling basis, starting from the date permanent residency was granted and then every five years thereafter. The calculation excludes any day after a report stating non-compliance with the residency obligation, unless compliance is subsequently determined.
3. Voluntary relinquishment allows a permanent resident to give up their status when they no longer intend to live permanently in Canada, or they require it for a job with a foreign government, or to qualify for status in another country. It is not an alternative to a residency determination and is only offered after a negative finding.
4. H&C considerations allow an officer to override a breach of the residency obligation, if deemed justified, including the best interests of a child directly affected. The permanent resident bears the burden of proof to demonstrate that H&C grounds for retention of their status exist.
5. If the 60-day appeal period has passed without an appeal, the permanent resident will be treated as a foreign national at a Canadian Port of Entry, losing their status and right to entry. However, if the appeal period hasn't elapsed, they can enter while their appeal is pending, though success is not guaranteed.
6. An "RX-1" travel document is issued when an officer overseas has decided a permanent resident has not met their residency obligation, and the permanent resident has appealed this decision to the Immigration Appeal Division (IAD), they have also been physically present in Canada at least once within the last 365 days.
7. A "Canadian business" includes a corporation incorporated under Canadian law with an ongoing operation capable of generating revenue and in which the majority of voting or ownership interests are held by Canadian citizens, permanent residents, or Canadian businesses. However, it specifically excludes businesses primarily created to help a permanent resident meet their residency obligation while abroad.
8. If a person has been a permanent resident for less than five years, they must show that they will meet the 730-day residency obligation within the five-year period from the date of landing. This means they must demonstrate a plan to meet the requirement by showing sufficient time in Canada.
9. The Baker v. M.C.I. decision highlights that the best interests of children must be a primary consideration in decisions affecting permanent residency. It mandates that immigration officers make decisions in a fair, considered, and unbiased manner, paying attention to the impact on the children involved.
10. The IMM 5511B is a questionnaire used by officers to help in making permanent resident residency obligation decisions. It helps guide officers to review all relevant factors when a permanent resident's status is in question and to assist them in determining compliance with the residency obligation.

 Questions  on Canadian Permanent Residency

Answer each question in well-reasoned  format:

1. Discuss the balance between the objectives of the residency obligation under IRPA, and the consideration of humanitarian and compassionate factors. How does this balance reflect the broader aims of Canadian immigration policy?
2. Analyze the various ways a permanent resident can meet their residency obligations, specifically focusing on the nuances of "accompanying" a Canadian citizen or another permanent resident, and how these are managed under the regulations.
3. Explain the procedures that must be followed when a permanent resident attempts to voluntarily relinquish their status and consider why the regulations place these specific restrictions on this process.
4. Describe how an overseas determination of non-compliance with residency obligations is handled at a Canadian Port of Entry and evaluate the steps taken to ensure that permanent residents' rights to due process are respected, as well as the process for appeal.
5. Critically evaluate the significance of the Baker v. M.C.I. case in shaping decision-making regarding permanent residency. How did this case modify policy related to assessing H&C grounds and what standards for fairness did it establish?

Glossary of Key Terms

• A28: Refers to section 28 of the Immigration and Refugee Protection Act (IRPA) which outlines the residency obligations for permanent residents of Canada.
• A31(3) Travel Document: A travel document issued under section 31(3) of IRPA to permanent residents outside Canada who do not have a valid permanent resident card, allowing them to travel back to Canada.
• A44(1): Refers to section 44(1) of IRPA, which authorizes immigration officers to make a report on a permanent resident who has failed to meet their residency obligations.
• A46(1)(c): Section 46(1)(c) of IRPA explains when a permanent resident ceases to have permanent resident status after failing to comply with their residency obligations.
• A63(4): Section 63(4) of IRPA outlines the right of appeal to the Immigration Appeal Division (IAD) for those with an overseas decision of non-compliance with residency obligations.
• Accompanying: Refers to a situation where a permanent resident is residing outside of Canada with a Canadian citizen or permanent resident spouse, common-law partner, or parent, and this can count towards their residency obligations.
• Canadian Business: For residency obligation purposes, a business that is incorporated under the laws of Canada or a province, has an ongoing operation, is capable of generating revenue, and is majority-owned by Canadian citizens, permanent residents, or other Canadian businesses.
• Child: For the purposes of residency obligations, a child of a Canadian citizen or permanent resident, including an adopted child, who is less than 22 years of age and has never been married or in a common-law relationship.
• Common-law Partner: An individual who is cohabiting in a conjugal relationship with a person for at least one year.
• FOSS (Field Operational Support System): The Canadian immigration system database used to record information on cases, including decisions regarding permanent residency.
• H&C (Humanitarian and Compassionate Considerations): Factors considered by immigration officers, based on personal circumstances, which can override a breach of residency obligations if warranted.
• IMM 5511B: A questionnaire designed to help officers in determining if a permanent resident has met their residency obligations.
• IMM 5538B: A form titled "Declaration: Voluntary Relinquishment of Permanent Resident Status," used when a permanent resident chooses to give up their status.
• IAD (Immigration Appeal Division): A division of the Immigration and Refugee Board (IRB) that hears appeals related to immigration decisions, including residency obligation determinations.
• IRPA (Immigration and Refugee Protection Act): The main legislation governing immigration to Canada, which includes the rules for permanent residency, and the obligations and consequences for non-compliance.
• Permanent Resident: A person who has been granted the right to live in Canada indefinitely and who has not subsequently lost that status.
• Port of Entry (POE): Any place in Canada where someone can be formally allowed into the country such as an airport or border crossing.
• R61(1), R61(2), R61(3), R61(4), R61(5), R61(6): Specific sections of the Immigration and Refugee Protection Regulations (IRPR) which define different terms and criteria relating to residency obligations.
• Residency Obligation: The requirement that a permanent resident must be physically present in Canada for at least 730 days within every five-year period to maintain their status.
• Voluntary Relinquishment: The act of a permanent resident voluntarily giving up their permanent resident status, usually in order to enter Canada as a temporary resident, or for other defined reasons.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information provided, Canadian immigration laws and policies are subject to change. For specific advice tailored to your situation, please consult Sanjay Prasher immigration consultant in north york Toronto or Canadian Title Immigration and Visa Consulting Inc. directly. Neither the author nor the organization assumes any liability for actions taken based on this content.