- Eligibility requirements to voluntarily renounce PR status
- Application form and declaration
- No processing fees for voluntary renunciation of PR status
- Changes in status when voluntary renunciation is approved
- Do not counsel the client
- Eligibility and inadmissibility considerations
- Client does not meet the requirements to voluntarily renounce PR status and may be otherwise inadmissible to Canada
- Inadmissibility report (section A44) and application to voluntarily renounce PR status
- Status of client under previous legislation
- Voluntary relinquishment under the administrative procedures of the IRPA
- Voluntary relinquishment after failing to meet the residency obligation under the IRPA
- Voluntary relinquishment under the former Immigration Act
- Parent meets the requirements to voluntarily renounce PR status, but the child does not
- Protected person voluntarily renounces PR status
Overview
This page provides information about the policy for clients to voluntarily renounce permanent resident (PR) status.
PR status determination is an IRCC policy responsibility.
Legislation that came into force on November 21, 2014, provides a legislative framework for clients to voluntarily renounce PR status in Canada [paragraph A46(1)(e)]. The process for voluntary renunciation of PR status is different from the process under previous legislation on the relinquishment of PR status.It is important to note the legislation does not require an officer to assess the reasons a client has submitted an application to voluntarily renounce PR status.
Eligibility requirements to voluntarily renounce PR status
A Canadian permanent resident may apply to voluntarily renounce PR status if they:
- are a citizen or permanent resident of a country other than Canada, or, if the application is accepted, will become a citizen or permanent resident of a country other than Canada;
- have met, or not met, the Canadian residency obligation;
- are not a foreign national;
- are not the subject of a report on inadmissibility (section A44), for reasons other than not meeting the residency obligation; and
- are not a minor, unless application also includes relevant signatures of all parents/legal guardians.
Clients who choose to voluntarily renounce PR status must submit a complete application form (IMM 5782) and surrender their permanent resident card and all required documents, as listed in IMM 5783 – Document Checklist. Clients are provided with information required for the application in Guide 5781 – Applying to Voluntarily Renounce Your Permanent Resident Status.
There is no fee for processing the application to voluntarily renounce PR status.
Voluntary renunciation of PR status, if approved, is a defined change to legal status in Canada [section A46(1.1)] and is permanent unless a client re-applies for PR.
As per A46(1.1), a person who loses their PR status under A46(1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce PR status at a port of entry or are not physically present in Canada on the day on which their application is approved.
Generally, clients who wish to re-gain their status as a permanent resident in Canada, after voluntary renunciation is approved and complete, would be required to submit a new application for permanent residence and pay the necessary fee.
See also
Circumstances for clients choosing to voluntarily renounce PR status
While an officer is not required to assess the reasons a client wishes to voluntarily renounce PR status, it is helpful to understand why a client may choose to do so. The following are two potential reasons a client may voluntarily renounce PR status.
Client knows they do not meet residency obligation (section A28)
A client who knows that they do not meet the residency obligation but wishes to visit Canada without being reported for non-compliance with the residency obligation may submit an application to voluntarily renounce PR status. This occurs most frequently at a port of entry.
Clients are permitted to voluntarily renounce PR status for not meeting the residency obligation. However, clients are not permitted to voluntarily renounce PR status to evade enforcement for reasons other than not meeting the residency obligation, for example, misrepresentation.
Client wishes to obtain benefits from another country
In other cases, clients may be required to provide proof that they have given up Canadian PR status in order to obtain benefits from their country of origin or a third country, such as accepting a diplomatic posting, renewing civil documents (for example, national identity cards, or health or pension coverage) or entering military service.
Department policy
Application form and declaration
Clients who wish to voluntarily renounce PR status must complete and submit the application form [IMM 5782 (PDF, 1.82 MB)], including Part B – Declaration, and the document checklist form [IMM 5783 (PDF, 320.57 KB)] with all supporting documentation.
There is no separate form for a declaration, and there is no waiver form.
No processing fees for voluntary renunciation of PR status
In order to encourage clients who do not wish to be permanent residents of Canada to voluntarily renounce their status, rather than apply for a complex determination on a loss of status, there is no fee for an application to voluntarily renounce PR status.
For applications received in Canada or overseas, officers should use the Global Case Management System (GCMS) fee code “FPN” (Fee Payment Not Required).
Note: Fees for other applications (e.g. TRV, study permit, work permit, permanent residence) must still be processed.
Changes in status when voluntary renunciation is approved
A permanent resident who is physically in Canada on the day their application to voluntarily renounce PR status is approved becomes a temporary resident (not authorized to work or study) for a period of six months from the day the application is approved [section A46(1.1)].
A permanent resident who arrives at a port of entry and submits an application to voluntarily renounce PR status and is approved, can be given an entry stamp and admitted to Canada as a temporary resident for a period of six months should they meet the requirements for admissibility and hold temporary resident status.
A permanent resident who is not physically in Canada and submits their application to voluntarily renounce PR status from outside Canada, or who is not physically present in Canada on the day their application is approved, loses their PR status immediately and does not become a temporary resident.
Do not counsel the client
Clients should not be counselled to voluntarily renounce PR status. Clients can be presented with the various options available to them and links to forms provided, but they should not be encouraged to choose one course of action over another.
If a client submits an application to voluntarily renounce PR status, then the application should be processed without further counselling the client. The legislation does not require that an officer assess the client’s reasoning when accepting an application for voluntary renunciation. It is expected that the client has read and understood the application guide and form and sought additional clarification, as needed.
Eligibility and inadmissibility considerations
A permanent resident may submit an application to voluntarily renounce PR status [reference paragraph A46(1)(e) and section R72.6].
Clients are permitted to voluntarily renounce PR status for not meeting the residency obligation.
Clients are not permitted to voluntarily renounce PR status to evade enforcement action for reasons other than not meeting the residency obligation.
The appeal period of a negative residency determination overseas is 60 days; the appeal period of a removal order issued in Canada is 30 days.
If the appeal period expired without an appeal having been filed, then the client is a foreign national. If the client appealed the decision and lost the appeal at the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB), then the client is a foreign national. The application to renounce should be returned unprocessed.
If the client appealed the negative residency determination or removal order and the appeal was successful at the IAD, then the client maintained PR status and an application to voluntarily renounce PR status can be processed.
If the client was found to not meet the residency obligation and the appeal period has not expired, but the client applies to renounce their PR status, an officer can process the application to renounce.
Client does not meet the requirements to voluntarily renounce PR status and may be otherwise inadmissible to Canada
If a client is ineligible to voluntarily renounce PR status and also appears to be inadmissible, then the officer should complete the processing of the application for renunciation and refuse it based on the applicable ground of ineligibility. The assessment of the client’s possible inadmissibility can then be completed under standard processing instructions.
If an officer must refuse an application to voluntarily renounce PR status due to ineligibility, but the client still wishes to cease being a permanent resident, then the officer can suggest the option of obtaining a residency determination by applying for either a PR card (if in Canada) or a PRTD (if outside Canada).
Inadmissibility report (section A44) and application to voluntarily renounce PR status
As a general rule, an officer should approve an in-Canada application to voluntarily renounce PR status from a client with an outstanding section A44 report only if the officer is satisfied that:
- the only ground for inadmissibility is for failing to meet the residency obligation;
- the client is interested in holding temporary resident status and will respect the conditions of their temporary resident status (including not working or studying without authorization); and
- the client will leave Canada at the end of the period authorized for their stay.
If the officer is satisfied the client will comply with these conditions, then the officer may process the application to voluntarily renounce PR status instead of the inadmissibility report.
Status of client under previous legislation
Prior to November 21, 2014, there was no legislative mechanism under the Immigration and Refugee Protection Act (IRPA) or the former Immigration Act, to voluntarily renounce PR status.
Under the previous framework, the administrative procedure available was “relinquishment” under IRPA. The relinquishment procedure allowed for permanent residents who met the residency obligation, and were not otherwise inadmissible, to give up their PR status and be treated as foreign nationals (in certain circumstances). This voluntary relinquishment was not a legislative provision and had no legal effect on the client status. Under the former Immigration Act, PR status could only legally be lost pursuant to section 24.
Relinquishment under the administrative procedures of IRPA
(Time period: June 28, 2002 – November 21, 2014)
IRPA came into force on June 28, 2002. Relinquishments processed between June 28, 2002, and November 21, 2014, would have taken place under previous administrative procedures of the IRPA. These relinquishments had no legal effect on the client status. Therefore, if there is no indication in the client’s file that they have lost their PR status pursuant to section 46 of IRPA, then an application to voluntarily renounce PR status should be processed.
Relinquishment after failing to meet the residency obligation under the IRPA
If, before November 21, 2014, the client was found not to have met the residency obligation, then they sometimes waived their appeal rights in writing in order to be treated as a foreign national (e.g. being granted admission to Canada or being issued a TRV). This was sometimes considered voluntary relinquishment of PR status.
Even if the client waived their appeal rights, then they would still have had the right to appeal, because waiving the appeal rights had no legal effect.
Relinquishment under the former Immigration Act
The Immigration Act was in force until June 27, 2002. Under the former Immigration Act, PR status was relinquished through approval of form IMM 1342B. If approved, the record in GCMS would show that relinquishment was properly documented by way of a Field Operations Support System (FOSS) entry of Type 10 non-computer-based entry, which can be verified in GCMS under the unique client identifier (UCI), FOSS Record Details, and record of the client’s acknowledgment in writing that they relinquished their PR status under the former Immigration Act.
If there is no indication in the client’s file that they have already lost their PR status pursuant to the provisions of the Immigration Act, or under section 46 of the IRPA, the application to voluntarily renounce PR status should be processed (IMM 5782).
Exceptional circumstances
Parent meets the requirements to voluntarily renounce PR status, but the child does not
It is anticipated that most applications involving clients under 18 years of age will be submitted along with applications from their parents. In the event that the parent’s application meets the requirements to voluntarily renounce PR status but the child’s does not, the officer should approve the applications that do meet the requirements for voluntary renunciation and refuse those that do not meet the requirements.
Protected person voluntarily renounces PR status
If a protected person (Convention refugee or person in need of protection) with PR status in Canada submitted an application to voluntarily renounce PR status and is approved, they maintain their protected person status and therefore may remain in Canada. Protected persons who want to work or study must apply for a work or study permit in Canada; they cannot sponsor their family members, and they do not have the ability to apply for Canadian citizenship.
Once the voluntary renunciation of PR status is approved, in cases where the client intends to travel internationally and then re-enter Canada, the client must apply for a refugee travel document before departing Canada.
Applications to voluntarily renounce PR status and other active IRCC applications
When an application to voluntarily renounce PR status is received, the officer should check GCMS for any active applications for sponsorship, family class, citizenship, temporary residence, PRTD or PR card.
When a client submits an application to voluntarily renounce PR status, any other applications they have submitted which are in process must be suspended until a decision on the application to voluntarily renounce PR status is rendered. For example, if a client submits an application for a work permit and an application to voluntarily renounce their PR status at the same time, the application to renounce PR status must be completed first.
Received date vs effective date
The received date is the date the submitted application from the client was received by IRCC for consideration.
The effective date is the date the decision on voluntary renunciation of PR status is made, and it should be the same as the date of decision recorded in GCMS. This date becomes the loss of PR status date in GCMS once the renunciation of PR status application is approved.
In instances where the application to voluntarily renounce PR status is mailed to a visa office, the received date may be a different date from the effective date.
Applications and record keeping
Voluntary renunciation Application forms contain a declaration from the client confirming their intention to voluntarily renounce PR status. Therefore, completed applications should be kept as a permanent record.
For all approved applications to voluntarily renounce PR status, the office that processes the application (port of entry, in-Canada IRCC offices, and visa offices) must scan the application and upload it to the client’s UCI in the GCMS.
