Processing Relinquishment of Permanent Resident Status

Operational Bulletin 505 – March 05, 2013 

Processing Relinquishment of Permanent Resident Status

Issue

The objective of this Operational Bulletin (OB) is to provide instructions to visa offices. Visa officers would need to follow these instructions when processing requests for the relinquishment of Permanent Resident (PR) status. It also provides instructions on:

• The fees required for processing
• The processes that officers need to follow for processing and,
• The documents required for processing 

The instructions contained in this Operational Bulletin complement the instructions contained in Section 13 of OP 10. They also make the necessary corrections to Section 13.3 of OP 10. However, Ports of Entry would need to continue adhering to the instructions specified in Section 7.10 of ENF 23.

Background

The immigration authorities granted a person Permanent Resident (PR) status under:

• The former Immigration Act or,
• The current Immigration and Refugee Protection Act (IRPA)

This person would continue to be a permanent resident as long as the individual did not lose the status of being a permanent resident based on:

• The relinquishment of the former Act or,
• Any of the enumerated grounds of A46 of IRPA namely:
• When the individual becomes a Canadian citizen
• On a final determination of a decision made outside of Canada that the individual has failed to comply with the residency obligation specified under Section 28
• When a removal order made against the individual comes into force
• On a final determination via subsection 108 (2) that the authorities have ceased to give the individual refugee protection for any of the reasons listed in the paragraphs 108 (1) (a) to 108 (1) (d) namely:
• The individual has voluntarily re-availed of the protection of the individual’s country of nationality
• The individual has voluntarily re-acquired the nationality of the individual’s country of origin
• The individual has acquired a new nationality and also enjoys the protection of the country of that new nationality
• The individual has voluntarily become re-established in the country that the individual left or remained outside of and in respect of which, the individual claimed refugee protection in Canada
• On a final determination to vacate a decision to allow the individual’s claim for refugee protection or a final determination to vacate a decision to allow the individual’s application for protection

Therefore, officers would first need to complete a determination of loss of status under A28. Only after this can the officers issue any type of visa. 

A person, who has permanent resident status, can request for the relinquishment of that status. However, in some cases, the person could request for the relinquishment of permanent resident status without any other application. In this situation, officers would not accept the relinquishment until they determine the person’s permanent resident status first.

Currently, no mechanism exists for the relinquishing the permanent resident status under the IRPA. A legislative amendment proposes to allow an application for renouncing permanent resident status. This amendment is a part of Bill C-43, the Faster Removal of Foreign Criminals Act. However, the application for renouncing permanent resident status would only come about with the explicit approval of an officer.

The Processing Framework

Officers could come across cases that require a determination of a person’s permanent resident status. In this case, the officers would need to create a Permanent Resident Travel Document (PRTD) application. They would create this application in the Global Case Management System (GCMS). This would serve to record:

• The assessment and,
• The delegated decision-maker’s decision on the determination of permanent resident status

The likelihood exists that the person could apply for a Permanent Resident Travel Document (PRTD) or a Permanent Resident (PR) card in the future. In this situation, officers could find it difficult to establish:

• When a prior permanent resident status determination took place and,
• Whether a prior permanent resident status determination took place

This is because the record only appears in the notes of another application.

In addition, Citizenship and Immigration Canada would not capture the visa office effort in its systems if:

• The officers only capture the residency determination decision in the Permanent Resident Visa (PRV) case notes

Therefore, the visa office would not get any credit for its effort for purposes like:

• Cost management and,
• Determining resource requirements

The officers would require a person to complete the Permanent Resident Travel Document (PRTD) form. This is regardless of whether the person applies for a Permanent Resident Travel Document (PRTD) or not. This is because the officers would need information that they do not readily have on file already.

The Processing Guidelines for Permanent Resident Visa Applications

These guidelines concern the processing procedure for a person, who:

• Is applying for a new Permanent Resident Visa (PRV) and,
• Did not sign an IMM 1342B, relinquishing status under the former Immigration Act and,
• Has not lost status under the former Act or the IRPA

Officers could treat a person as a foreign national for issuing a new Permanent Resident Visa (PRV) if:

• They come across a negative determination under A28 AND either,
• The person:
• Consents in writing to the residency decision and,
• Waives their right to appeal the decision in writing or,
• The appeal period expires without the person filing an appeal of the determination

In some situations, officers could process Permanent Resident Visa (PRV) applications in the Computer Assisted Immigration Processing System (CAIPS). In this case, the officers can issue the new Permanent Resident Visa (PRV) in CAIPS. However, they would need to obtain one of the following – whichever comes first:

• A consent or a waiver from the applicant or,
• The expiry of the appeal period 

In some situations, the applicant could submit a consent or a waiver to the officers. In this case, the officers would need to attach a scanned copy of this to the client’s record in the GCMS. If officers issue the Permanent Resident Visa (PRV) in CAIPS, they do not need to notify the Operations Support Centre (OSC). In addition, the OSC has no further role to play in this situation.

A visa office has the authority to issue a Permanent Resident Visa (PRV) in GCMS. However, they can only do this for applicants, who previously has permanent resident status. In this scenario, the visa office would need to enter a ‘Lost/Relinquishment’ date in the client’s record. Operations Support Centre (OSC) users are the only designated GCMS users, who have the requisite authority for entering this information. The Operations Support Centre (OSC) can enter this data after obtaining one of the following – whichever comes first:

• A consent or a waiver from the applicant or,
• The expiry of the appeal period

Officers would need to attach a scanned copy of the consent and the waiver to the client’s record in the GCMS. Thereafter, they would need to send an e-mail to the Operations Support Centre (OSC). In this e-mail, they would request the Operations Support Centre (OSC) officers to enter a ‘Lost/Relinquishment’ date in the client’s record. 

The Operations Support Centre (OSC) would enter the date on which the person lost the permanent resident status. It would enter this date, based on the residency determination date. Typically, the Operations Support Centre (OSC) has a service standard for action of five business days for these kinds of requests. Thus, it would take five business days from the day the Operations Support Centre (OSC) receives the request. Once completed, the Operations Support Centre (OSC) would send a confirmation to:

• The visa office and,
• The requester (via e-mail)

Thereafter, the visa office could issue the new Permanent Resident Visa (PRV) in GCMS. However, it would need to confirm that the Operations Support Centre (OSC) has entered the ‘Lost/Relinquishment’ date in the GCMS. 

In certain situations, officers could determine that the person has retained the permanent resident (PR) status. This is regardless of whether the Permanent Resident Visa (PRV) application is in the CAIPS or the GCMS. In these situations, officers would need to:

• Withdraw the Permanent Resident Visa (PRV) application
• Refund the Permanent Resident Visa (PRV) processing fee and,
• Issue a Permanent Resident Travel Document (PRTD)

Officers would need to refer to the Cost Recovery Manual for missions for procedural information outside of GCMS. They would typically refer to:

• Section 5.10 for the refund of fees and,
• Section 7.3 for the collection of fees

Officers would need to initiate all refund and fee transactions in the GCMS for all GCMS cases. They could refer tothe GCMS User Guide for detailed system procedures. This would be under the content “Fees” after they refer to the content “Immigration Specific”.

These guidelines concern the processing procedure for a person, who:

• Voluntarily relinquished their status by signing an IMM 1342B under the former Immigration Act and,
• Is applying for a new Permanent Resident Visa (PRV)

Officers could treat a person as a foreign national if the person:

• Voluntarily relinquished their permanent resident status under the former Immigration Act and,
• Formally signed a document voluntarily, declaring their abandonment of permanent resident status and,
• The document would usually be an IMM 1342B Confiscated or Voluntary Surrendered IMM 1000B form
• Officers could check the voluntary abandonment of permanent resident status by checking the Non Computer Based Entry (NCB) Code 10 on the Field Operations Support System (FOSS)
• This field would indicate: “Vol Relinq of Status”
• Acknowledges that they were abandoning permanent resident status by signing the IMM 1342B
• Officers would need to record this in their notes and retain the notes on the file

For Permanent Resident Visa (PRV) cases processed in CAIPS, officers would need to:

• Note the voluntary relinquishment record and,
• Issue the new Permanent Resident Visa (PRV) only after noting the voluntary relinquishment record

For Permanent Resident Visa (PRV) cases processed in GCMS, officers would need to:

• Send an e-mail to the Operations Support Centre (OSC) requesting them to enter the date the person relinquished their permanent resident status in the GCMS

The Operations Support Centre (OSC) service standard for resolving these kinds of requests is five business days from the day the Operations Support Centre (OSC) received the request. Once done, the Operations Support Centre (OSC) would confirm the completion of the request to:

• The visa office and,
• The requester (via e-mail)

The visa office would check to see that the Operations Support Centre (OSC) has entered the date. Once they confirm the entry of the date, the visa office can issue the new Permanent Resident Visa (PRV).

Situations could arise where officers have no electronic record that the Operations Support Centre (OSC) could use to date the relinquishment. In this case, officers would need to follow the procedure for “Persons who DID NOT sign an IMM 1342B relinquishing status under the former Immigration Act”. 

The Quick Reference Table

This table applies to a person, who is applying for a PRV.

The Applicant…	Is PR Status Determination Required?	Fee Applicable	Can Relinquishment be Granted?	Application Required	Supporting Documents Required	Document to be Issued to the Applicant
Relinquished under former Act or previously lost status	No	PRV Fee	NA	PRV Application	PRV Documents	PRV
Doesn’t meet A28 requirements, never lost or relinquished	Yes	PRV Fee; Use fee exemption code for PRTD File	Yes	PRV Application	Consent and Waiver	PRTD refusal and appeal rights letter, PRV
Meets A28 requirements, never lost or relinquished	Yes	PRTD Fee; PRV fee to be refunded	NA	PRTD Application	Evidence of meeting A28 requirements	PRTD

The Processing Guidelines for Relinquishment and Temporary Resident Visa Processing

Section 13 of OP 10 covers most circumstances for processing applications for Temporary Resident Visas (TRVs). This is especially the case with persons who have previously held permanent resident status. However, this chapter does not elaborate very clearly on:

• The applicable fees and,
• The documents required in various circumstances

These two aspects depend on:

• The type of application the person makes and,
• Whether the person requires a visa for entering Canada

The Quick Reference Tables listed below elaborate on the requirements under different circumstances.

Officers would need to attach a scanned copy of the consent and the waiver to the client’s GCMS record. They would need to do this in all cases where they obtain a consent and waiver. Officers would not need to notify the Operations Support Centre (OSC), if the Operations Support Centre (OSC) does not need to take any action.

In certain situations, clients could consent to the decision and waive their rights of appeal or submit a relinquishment declaration. In this scenario, officers would need to issue:

• A Permanent Resident Travel Document (PRTD) refusal and,
• An appeal rights letter

These documents would inform the client that the authorities have made a residency determination. In addition, they would also inform the client that this residency determination could affect the client’s rights under the IRPA. Officers would not need to wait until the expiry of the appeal period before proceeding in case the client:

• Consents to the decision and,
• Waives their appeal rights

In certain situations, clients could decline to consent to the negative residency decision. They could also refuse to waive their appeal rights. Officers would need to consider these facts, when they assess the bona fides of the client’s temporary intent. Therefore, officers would need to issue:

• A Permanent Resident Travel Document (PRTD) refusal and,
• An appeal rights letter

These documents would inform the clients of their rights under IRPA.

In addition, visa officers could also issue a Temporary Resident Visa (TRV). However, they would do this only when they are satisfied that:

• The applicant meets all the R179 requirements for a Temporary Resident Visa (TRV) and,
• The applicant would leave Canada at the end of the period authorised for their stay 

Therefore, visa officers do not need to wait for the expiry of the appeal period before issuing a Temporary Resident Visa (TRV). However, they would need to be completely satisfied that the applicant meets all the requirements for a Temporary Resident Visa (TRV).

The Quick Reference Tables – 2

This table applies to a person who:

• Does not want any type of Temporary Resident Visa (TRV) or,
• Is a national of a visa exempt country 

The Applicant…	Is PR Status Determination Required?	Fee Applicable	Can Relinquishment be Granted?	Application Required	Supporting Documents Required	Document to be Issued to the Applicant
Meets A28 requirements, but wants to relinquish No Special Circumstances (Refer to Section 13.4 of OP 10)	Yes	PRTD Fee	No	PRTD Application	Evidence of Meeting A28 requirements	PRTD
Meets A28 requirements, but wants to relinquish Special Circumstances Apply (Refer to Section 13.4 of OP 10)	Yes	PRTD Fee	Yes	PRTD Application	IMM 5539B Declaration: Relinquishment of Permanent Resident Status / Residency Obligation Met	Copy of IMM 5539B completed by Delegated PR status decision-maker (IPM)
Does not meet A28 requirements, but wants to relinquish	Yes	PRTD Fee	Yes	PRTD Application	Consent and Waiver	PRTD Refusal and Appeal Rights Letter
Meets A28 requirements, but doesn’t want to relinquish	Yes	PRTD Fee	NA	PRTD Application	Evidence of meeting A28 requirements	PRTD
Doesn’t meet A28 requirements and doesn’t want to relinquish	Yes	PRTD Fee	NA	PRTD Application	Evidence of meeting A28 requirements	PRTD Refusal and Appeal Rights Letter

 

This table applies to a person, who requires a Temporary Resident Visa (TRV) for travelling to Canada

The Applicant…	Is PR Status Determination Required?	Fee Applicable	Can Relinquishment be Granted?	Application Required	Supporting Documents Required	Document to be Issued to the Applicant
Meets A28 requirements, but wants to relinquish No Special Circumstances (Refer to Section 13.4 of OP 10)	Yes	PRTD Fee	No	PRTD Application	Evidence of Meeting A28 requirements	PRTD
Meets A28 requirements, but wants to relinquish Special Circumstances Apply (Refer to Section 13.4 of OP 10)	Yes	PRTD Fee	Yes	PRTD Application	IMM 5539B Declaration: Relinquishment of Permanent Resident Status / Residency Obligation Met	Copy of IMM 5539B completed by Delegated PR status decision-maker (IPM)
Applying for TRV – Does not meet A28 requirements, but wants to relinquish	Yes	TRV Fee	Yes	TRV Application	Consent and Waiver	PRTD Refusal and Appeal Rights Letter, TRV
Applying for TRV – Doesn’t meet A28 requirements and doesn’t want to relinquish	Yes	TRV Fee	NA	TRV Application	Evidence of meeting A28 requirements; TRV documents	PRTD Refusal and Appeal Rights Letter, TRV; TRV if the officer is satisfied that the applicant meets TRV requirements
Applying for TRV – Doesn’t meet A28 requirements and doesn’t want to relinquish	Yes	TRV Fee	NA	TRV Application	Evidence of meeting A28 requirements; TRV documents	PRTD Refusal and Appeal Rights Letter, TRV; TRV if the officer is satisfied that the applicant meets TRV requirements
Applying for PRTD – Meets A28 requirements, but doesn’t want to relinquish	Yes	PRTD Fee	NA	PRTD Application	Evidence of meeting A28 requirements	PRTD
Applying for PRTD –Doesn’t Meet A28 requirements and doesn’t want to relinquish	Yes	PRTD Fee	NA	PRTD Application	Evidence of meeting A28 requirements	PRTD Refusal and Appeal Rights Letter

 

Source: Citizenship and Immigration Canada (CIC)