2.C Settlement and Integration
C.1 What is the status of refugees upon arrival?
(iv) What are possible grounds to revoke a refugee’s legal status?
How Canada Does It
Privately sponsored refugees do not lose their permanent resident status merely if their Permanent Resident Card expires. Individuals at risk of losing their permanent resident status must be notified of ground(s) for revoking their status, and generally they have a right to appear for a hearing. Resettled refugees may have permanent residence status revoked because:
- They have failed to meet residency requirements to maintain permanent resident status;
- They are inadmissible to Canada on grounds of security, human and international rights violations, organized criminality, and misrepresentation;
- They have voluntarily re-availed themselves of the protection of their country of nationality or obtained protection from another country; or
- The reasons for which they were granted refugee status no longer exist.
Resettled refugees are also no longer permanent residents once they become Canadian citizens. Canadian citizens have all the rights of permanent residents plus the rights to vote, hold public office, and hold some jobs that require a high level of security clearance (see 2.C.1(ii)).
Refugees do not lose their permanent resident status if their Permanent Resident Card expires. Permanent residents can only lose their status through one of the four official processes:
- An adjudicator determines that the refugee is no longer a permanent resident following an inquiry;
- Refugees voluntarily renounce their permanent resident status;
- A removal order is made against the refugees and comes into force; or
- The refugee becomes a Canadian citizen.
Permanent resident status can be lost if refugees do not meet the residency (physical presence in Canada) requirements. To maintain permanent resident status, refugees must live in Canada for at least two years within every five-year period. The two years do not need to be continuous, and time outside of Canada may count under certain circumstances.
Canada’s Immigration and Refugee Protection Act allows for loss of permanent resident status if:
- The individuals have voluntarily re-availed themselves of the protection of their country of nationality;
- They have acquired a new nationality and enjoy the protection of another country;
- They are inadmissible to Canada on grounds of security, human and international rights violations, organized criminality, and misrepresentation; or
- The reasons for which the refugees had sought protection have ceased to exist.
Individuals may also apply to voluntarily renounce their permanent resident status. This may be desired, e.g. if they have been outside of Canada for a long period of time, would like to come for a visit, and would like to avoid a formal assessment of their permanent resident status in order to re-enter Canada.