What to do if you have lost your right to PR but want to return?
Losing your permanent resident status in Canada is a serious situation that can lead to deep emotional stress and significant life changes. However, it is important to understand that even after losing your PR status, there are various ways to return to Canada as a permanent resident. Each situation is unique, and the strategy you choose will depend on the specific circumstances of your loss of status, the time frame, your family ties, and other factors. Understanding the options available to you and applying them correctly can be the key to successfully returning to life in Canada.
Understanding the loss of permanent resident status
How can you lose your PR status?
Before considering ways to return, it is important to understand how you can lose your permanent resident status in Canada. Permanent resident status does not disappear on its own — it can only be revoked. The main reasons for losing PR status include:
Failure to fulfill residency obligations: The most common reason is the inability to physically be in Canada for at least 730 days during each five-year period. This rule applies regardless of whether your PR card is still valid.
Criminal offenses: Conviction for serious crimes may result in a removal order and loss of PR status.
Voluntary renunciation: Permanent residents may voluntarily renounce their status by submitting the appropriate documents to IRCC.
Obtaining citizenship: Technically, when you become a Canadian citizen, you are no longer a permanent resident, but this is a positive change in status.
Process of losing status
It is important to understand that losing PR status is a formal process. If IRCC determines that you are not fulfilling your residency obligations, they may:
- Refuse to renew your PR card
- Refuse to issue a Permanent Resident Travel Document (PRTD)
- Issue a removal order at the border
In all of these cases, you have 60 days to appeal to the Immigration Appeal Division (IAD).
Immediate steps to take after losing or facing the loss of PR status
Appeal to the IAD (Immigration Appeal Division)
If your PR status has been revoked or you have been denied renewal of your PR card, the best first step is to file an appeal with the IAD within 60 days. This gives you the opportunity to:
Submit additional evidence: You can provide new documents that confirm your ties to Canada or explain the reasons for your prolonged absence.
Argue humanitarian and compassionate grounds: The IAD considers not only the legal aspects, but also personal circumstances that may justify a breach of residency obligations. Receive a fair hearing: The IAD conducts a de novo hearing, which means that your case is reviewed from the beginning.
Factors considered by the IAD
When considering an appeal, the IAD takes the following factors into account:
Degree of non-compliance with residency obligations: How significant was the violation and were the circumstances beyond your control?
Ties to Canada: Do you have family, property, work, or other ties that demonstrate your desire to remain in Canada?
Reasons for absence: Were your reasons for being outside Canada valid and justified?
Best interests of children: If you have children who may be affected by the loss of your status, this is an important factor.
Judicial review in Federal Court
If the IAD denies your appeal, you have the right to apply to the Federal Court of Canada for judicial review. This process includes:
Leave Stage: The court reviews the documents in your case to determine whether the IAD's decision was fair and reasonable.
Judicial Review Stage: If the court grants leave, an oral hearing is held where you can explain why you believe the IAD's decision was wrong.
Extended filing deadline: As of May 2025, applicants now have 75 days (instead of the previous 30) to submit a complete application after the initial request.
Restoration of status on humanitarian and compassionate grounds
H&C (Humanitarian and Compassionate) application
If formal appeal procedures are not available or have been exhausted, applying for permanent residence on humanitarian and compassionate grounds may be the only way to return to Canada. This procedure allows individuals who do not qualify through standard immigration programs to obtain permanent resident status based on exceptional personal circumstances.
Eligibility criteria for H&C applications
You must be in Canada: Most H&C applications are submitted by individuals already in Canada, although in rare cases it is possible to apply from abroad.
No other options: You must not qualify through standard immigration programs such as the economic class, family sponsorship, or protected person status.
Exceptional circumstances: Your situation must “arouse in a reasonable person in a civilized society the desire to help the unfortunate.”
Factors considered in H&C applications
Establishment in Canada: Length of stay in Canada, employment, participation in community life, and family ties.
Best interests of children: Impact on children who may be directly affected by the decision.
Hardship on return: Potential difficulties you would face if you returned to your country of origin, including medical, social, and economic factors.
Risk in country of origin: Threat of violence, persecution, or other security risks.
Documenting and preparing an H&C application
Gathering evidence of establishment: Documents proving your integration into Canadian society, including employment history, participation in community organizations, volunteer activities.
Medical records: Medical reports if your health may be affected by returning to your country of origin.
Letters of support: Recommendations from employers, community leaders, friends, and family who can attest to your character and contribution to Canadian society.
Documentation of hardship: Evidence of the difficulties you would face if you returned to your country of origin.
Alternative ways to return to Canada
Reapplying through standard immigration programs
If you have lost your previous PR status, you can reapply for permanent residence through standard immigration programs. Canada does not prohibit reapplication after losing PR status due to residency obligations.
Express Entry system
Federal Skilled Worker Program: If you have the right education, work experience, and language skills, you can apply through Express Entry.
Provincial Nominee Programs (PNP): Many provinces have their own selection criteria, which may be more flexible.
Advantages of reapplying:
- Faster processing times compared to H&C applications
- More predictable assessment criteria
- Opportunity to earn additional points for Canadian experience
Family sponsorship
If you have a Canadian spouse, parent, or child who is a citizen, they can apply to sponsor you. Important details:
Previous loss of status is not a barrier: The fact that you lost your PR status in the past does not affect your eligibility to be a sponsor or sponsored. Authenticity of the relationship: The main requirement is to prove the authenticity of your family relationship.
Financial obligations of the sponsor: The sponsor must have sufficient income and sign a financial support undertaking.
Sponsorship of a spouse after divorce
If your previous PR status was obtained through spousal sponsorship and the marriage subsequently broke down, this does not mean automatic loss of status. However, if you lost your status for other reasons, your ex-spouse cannot cancel your status, but is not obliged to sponsor you again.
Temporary Residence Permits (TRP)
In exceptional circumstances, individuals who have lost their PR status may apply for a Temporary Residence Permit (TRP). This allows them to remain in Canada on a temporary basis while other options are explored.
TRPs are only granted in extremely limited circumstances:
- Urgent humanitarian needs
- Significant economic impact on Canada from your removal
- Temporary medical inability to travel
Practical steps for returning
If you are in Canada
Immediate appeal: If you have 60 days to appeal, take advantage of this opportunity.
Gather documentation: Start gathering all documents that prove your ties to Canada.
Legal advice: Contact a qualified immigration lawyer as soon as possible.
Avoid departure: Do not leave Canada until your case is resolved, as your return may become impossible.
If you are outside Canada
Assess your entry options: Determine whether you can legally return to Canada as a visitor.
eTA application: You may need to voluntarily renounce your PR status to obtain an electronic travel authorization.
H&C application from abroad: In rare cases, it is possible to apply for H&C outside of Canada.
New immigration application: Consider applying for a new application through Express Entry or family sponsorship.
Special considerations and challenges
Impact on family
Children: If you have minor children, their best interests become a central factor in all immigration decisions. Spouse: The impact on a Canadian spouse or children who are citizens can significantly strengthen your case.
Family separation: IAD and IRCC take the potential consequences of family separation seriously.
Financial considerations
Legal fees: Professional legal assistance is critical but can be expensive.
Application fees: Different types of applications have different fees, and failure does not guarantee a refund.
Loss of income: Lengthy procedures can affect your ability to work and earn money.
Time frames
IAD appeals: Typically take 6-12 months.
H&C applications: Can take anywhere from 1 to 3 years.
New PR applications: Express Entry usually takes 6 months, family sponsorship takes 12-24 months.
Judicial review: May add additional months or years to the process.
Preparing a strong case
Documenting ties to Canada
Financial ties:
- Bank accounts and credit cards in Canada
- Tax returns
- Pension contributions
- Investments and insurance
Social ties:
- Membership in organizations and clubs
- Volunteer activities
- Religious affiliation
- Friendly ties with Canadians
Professional ties:
- Employment history in Canada
- Professional licenses and certifications
- Membership in professional associations
- Letters of recommendation from employers
Explanation of reasons for absence
Medical reasons:
- Detailed medical records
- Letters from doctors
- Proof of inability to travel
Family emergencies:
- Death or illness certificates
- Medical reports from family members
- Legal documents regarding guardianship
Professional obligations:
- Contracts with employers
- Proof of employment for Canadian companies abroad
- Letters from employers regarding the necessity of staying abroad
Demonstration of intent to return
Specific plans:
- Employment plan in Canada
- Housing arrangements
- Children's education plans
Financial preparation:
- Proof of sufficient funds for relocation
- Plans to sell assets abroad
- Arrangements for transferring funds to Canada
Alternatives and last resorts
Voluntary renunciation of status
In some cases, it may be strategically advisable to voluntarily renounce your PR status. This may be useful if:
- You are confident that you can qualify through a new immigration program
- You need to enter Canada as a visitor to settle your affairs
- Court proceedings are too long or expensive
Voluntary renunciation process:
- Submit a form to renounce your status
- Obtain confirmation from IRCC
- You may be able to apply for an eTA or visitor visa
Returning as a refugee
In exceptional cases, if you cannot safely return to your country of citizenship, you may consider applying for refugee status in Canada. However, this is a complex process with limited chances of success for former permanent residents.
Preventive measures for the future
After regaining status
Careful travel planning: Always consider your residency obligations when planning trips abroad.
Keep detailed records: Document all entries and exits from Canada.
Regularly update your documents: Apply to renew your PR card well in advance.
Consider citizenship: If you are eligible, obtaining Canadian citizenship eliminates the residency obligation issue.
Emergency planning
Create a backup plan: Have a plan in place for medical or family emergencies.
Legal advice: Establish a relationship with a qualified immigration lawyer before problems arise.
Financial reserves: Keep funds available for emergency legal expenses.
Conclusions and recommendations
Losing your permanent resident status in Canada is not the end of the world, although it does present significant challenges. The key to a successful return is quick action, thorough preparation, and understanding the options available. Every situation is unique, and what works in one case may not work in another.
Key principles for success:
Act quickly: Don't waste time, especially if you have a deadline to file an appeal.
Seek professional help: Qualified immigration lawyers can greatly improve your chances of success.
Document everything: Gather and keep all documents that may support your case.
Consider all options: Don't limit yourself to one path — often a combination of different strategies yields the best results.
Be honest: Transparency with immigration authorities usually works in your favor.
Strategic recommendations:
For individuals who have not yet lost their status permanently, appealing to the IAD is the best option with the highest chances of success. For those who have already exhausted the appeal process, H&C applications or reapplication through standard programs may be the only options.
Long-term outlook: Remember that regaining permanent resident status is only the first step. Planning for the future, including possible Canadian citizenship, will help you avoid similar problems in the future.
Canada remains a country of opportunity, and even after losing PR status, there are ways to return. Patience, persistence, and the right strategy can lead to a successful return to your life in Canada.