Why can a long-term permanent resident be deported from Canada?

Many people are unaware of this reality: permanent resident (PR) status in Canada does not guarantee absolute protection against deportation. Many clients turn to Immigration Encima after a finding of inadmissibility has been issued against them.

Sometimes, these are PRs who have lived in Canada for many years — even 20 years or more. They may have significant ties to Canada: Canadian children, a career, and a home. Despite this, they may still face deportation.

This article provides an overview of some of the reasons why permanent residents may lose their status.

A Permanent Resident Is Not a Canadian Citizen

The first point to understand is legal: permanent residents do not have the same rights as Canadian citizens. Only citizens have the “unconditional” right to remain in Canada.

Even after living in Canada for many years, a PR remains subject to the Immigration and Refugee Protection Act (IRPA). The IRPA sets out several grounds of inadmissibility that apply to permanent residents.

As stated by the Supreme Court of Canada¹:

“The most fundamental principle of immigration law is that non‑citizens do not have an unqualified right to enter or remain in the country.  The common law recognizes no such right and the Charter recognizes the distinction between citizens and non‑citizens.”

Main Grounds That Can Lead to the Deportation of a Permanent Resident

1. Serious Criminality - The Most Common Ground

A PR may become inadmissible for serious criminality for several reasons, mainly:

• Being convicted in Canada of an offence under a federal law punishable by a maximum sentence of at least 10 years. Even offences that may seem minor can fall into this category. A common example is impaired driving.
• Committing or being convicted outside Canada of an offence that, if committed in Canada, would correspond to an offence under a federal law punishable by a maximum sentence of at least 10 years.

Depending on the case and the sentence imposed in Canada, the PR may have a right of appeal before the Immigration Appeal Division (IAD). This is an important remedy because it allows humanitarian considerations to be presented. It may ultimately save a PR’s status in Canada.

Immigration Encima develops a defence strategy and represents clients during IAD appeals to maximize the chances of preserving permanent resident status.

2. Misrepresentation by a Permanent Resident

Misrepresentation may be alleged even if the error occurred years ago.

Misrepresentation can be intentional or accidental. Therefore, even if you did not intend to provide false or incomplete information, you could still be found inadmissible for misrepresentation and be required to leave Canada. A finding of misrepresentation results in a five-year inadmissibility period.

Some common examples of misrepresentation include:

• Failing to disclose a criminal record in an immigration application
• Omitting a family member from the application
• Failing to report a change in family circumstances — such as a marriage or the birth of a child — occurring between the visa application and obtaining permanent resident status
• Submitting false documents

3. Failure to Comply with the Residency Obligation

Many people are surprised to learn that permanent residents are subject to residency obligations in Canada. Permanent residence does not allow a person to live abroad indefinitely. The IRPA requires a PR to be “physically present in Canada” for at least 730 days within every five-year period. These 730 days do not need to be consecutive. Some exceptions to those rules may apply.

Typical situations where a permanent resident remains outside Canada for long periods include:

• Working abroad for a non-Canadian employer
• Spending extended periods caring for a sick parent in their country of origin

The issue often comes to light:

• during the renewal of the PR card
• when the PR is examined at a port of entry upon returning to Canada

4. Other Grounds: Organized Criminality, Security, and Human or International Rights Violations

These grounds are less common, but their consequences are extremely serious. Available remedies are very limited, and there is no right of appeal to the IAD.

Organized Criminality

A person may be accused of being a member of a criminal organization or of committing crimes with other individuals. These cases are highly fact-specific, and context is extremely important. Immigration Encima specializes in inadmissibility cases involving organized criminality.

Security

A person may be accused of, among other things:

• engaging in terrorism
• posing a danger to the security of Canada
• engaging in subversion against a democratic institution
• being a member of an organization involved in acts threatening Canada’s security

This ground of inadmissibility is relatively rare and requires a very careful legal analysis and specialized knowledge. Immigration Encima has expertise in security inadmissibility cases.

Human or International Rights Violations

This may include, for example:

• committing a crime against humanity, genocide, or a war crime outside Canada

Solution for Permanent Residents Facing Deportation: Appeal Before the IAD

Permanent residents are often surprised to learn that the length of time spent living in Canada does not, by itself, protect them from removal. However, it can play an important role in the remedies available, particularly before the Immigration Appeal Division (IAD).

Some of the factors the IAD may consider when deciding whether to uphold or set aside a removal order include:

• The length and degree of establishment in Canada
• The best interests of directly affected children
• Family ties in Canada and in the country of removal
• Hardship and real risks upon return
• Expressions of remorse and rehabilitation efforts
• Community support and prospects for reintegration

As a result, a long-term permanent resident who has lived in Canada for many years, is well established, and has Canadian citizen children will generally have a stronger IAD appeal than someone who recently arrived in Canada. However, this remedy must be pursued carefully and strategically. Immigration Encima is a firm specializing in inadmissibility, appeals, and immigration defence in Canada. Contact us for representation before the IAD.

Examples of Cases Seen by Immigration Encima

• It is common for European expatriates to return to Europe for extended periods, especially to care for a family member. Many are surprised to discover that, despite its name, permanent residence status can be revoked. They may then face inadmissibility proceedings for failing to comply with the residency obligation. However, they may still be able to appeal to the IAD and rely on humanitarian considerations to preserve their status.
• Some European permanent residents in Canada also encounter inadmissibility for serious criminality. A common example is impaired driving (DUI). Canada treats impaired driving very seriously, and it constitutes a criminal offence under the Criminal Code. In some European countries, however, it is treated more like a traffic offence.

Are There Other Remedies If an IAD Appeal Is Not Available?

Yes. However, they do not provide the same level of protection and may be more difficult to obtain. Examples include:

Pre-Removal Risk Assessment (PRRA)

If you are facing imminent removal, a PRRA assesses whether you would face real risks in your country of origin, such as persecution, torture, or risk to life. It is often the last protection mechanism available.

Humanitarian and Compassionate (H&C) Application

An application for permanent residence based on the exceptional hardship you would face if required to leave Canada. It takes into account your establishment in Canada, the interests of children, and the risks in your country.

Temporary Resident Permit (TRP)

Generally speaking, a TRP allows a person to remain in Canada if justified by the circumstances. It is a temporary remedy and does not eliminate the underlying ground of inadmissibility.

Key Takeaways

• If you are at risk of losing your permanent resident status, all is not necessarily lost. Remedies may be available, but it is important to identify the best one for your situation.
• It is preferable to act as quickly as possible. Immigration Encima’s immigration consultant is licensed by the CICC and specializes in complex immigration matters and appeals. He is also authorized to represent clients before the IAD.
• Do not neglect your days of physical presence in Canada. Keep a travel log and verify whether you meet the 730 days within five years rule.
• Certain situations result in the loss of the right to appeal to the IAD. If you are a permanent resident in Canada facing criminal charges, it is advisable to consult a canadian immigration professional such as Immigration Encima to avoid losing this right of appeal.

This article is provided for informational purposes only and does not constitute legal advice. Every situation is unique — consult a licensed professional for advice tailored to your case. Immigration timelines can sometimes be short: do not wait. In addition, when consulting a legal representative, ensure that they are licensed by a professional regulatory body, such as the College of Immigration and Citizenship Consultants (CICC) or a provincial law society.

Source: ¹ Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 1 SCR 711, 1992 CanLII 87 (SCC). https://decisions.scc-csc.ca/scc-csc/scc-csc/fr/item/855/index.do