Loss of Permanent Resident Status (18:VIII): Difference between revisions
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Loss of Permanent Resident Status (18:VIII) (view source)
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The following link may act as a useful reference: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=057&t=10 | The following link may act as a useful reference: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=057&t=10 | ||
'''NOTE:''' A permanent resident without a PR card is still a permanent resident. If a permanent resident is outside Canada without a PR card, that person can apply for travel documents to re-enter Canada. | :'''NOTE:''' A permanent resident without a PR card is still a permanent resident. If a permanent resident is outside Canada without a PR card, that person can apply for travel documents to re-enter Canada. | ||
== B. Inadmissibility == | == B. Inadmissibility == | ||
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If a permanent resident is determined inadmissible, he or she may lose their permanent resident status. The inadmissibility provisions relating to foreign nationals and permanent residents overlap for the most part, but there are some differences. For example, permanent residents will be inadmissible for serious criminality if they commit an indictable offence, while foreign nationals will be inadmissible for committing a less serious summary offence. Refer to the IRPA directly for specific grounds of inadmissibility (ss 34 – 43). | If a permanent resident is determined inadmissible, he or she may lose their permanent resident status. The inadmissibility provisions relating to foreign nationals and permanent residents overlap for the most part, but there are some differences. For example, permanent residents will be inadmissible for serious criminality if they commit an indictable offence, while foreign nationals will be inadmissible for committing a less serious summary offence. Refer to the IRPA directly for specific grounds of inadmissibility (ss 34 – 43). | ||
'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded in cases of serious criminality or crimes against humanity. | :'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded in cases of serious criminality or crimes against humanity. | ||
'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor ones, must ensure their criminal counsel are aware of this consequence from the beginning of criminal process. See also [[Immigration Issues at Sentencing (18:XII) | XII Immigration Issues at Sentencing]]. | :'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor ones, must ensure their criminal counsel are aware of this consequence from the beginning of criminal process. See also [[Immigration Issues at Sentencing (18:XII) | XII Immigration Issues at Sentencing]]. | ||
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