Is permanent forever? What all permanent residents need to know about their status.

For those of you who haven’t figured it out yet, “permanent” resident status isn’t really permanent; rather, it is conditional. And by conditional I mean that if you don’t meet certain obligations under Canada’s immigration laws, you can lose your status and find yourself back in your country of citizenship.

All permanent residents are issued wallet-sized cards that are valid evidence of their status in Canada, usually within a few weeks of landing as immigrants. These cards ingeniously have expiry dates on them, suggesting to permanent residents that they should reapply for new cards every five years.

So what happens when your permanent resident card expires? Nothing. The expiration of the card does not mean expiration of your status. Rather, it just means that the card is no longer valid evidence of your permanent resident status. Just like an expired Canadian passport doesn’t mean you lose your citizenship, an expired permanent resident card does not mean you aren’t a permanent resident.

Still, you are urged (but definitely not required) to get a new card every five years. This five-year period generally corresponds to a section in our immigration laws that require permanent residents to be physically present in Canada 730 days in every five-year period to maintain their status.

There are all sorts of exceptions to the requirement to be physically present in Canada, including accompanying a Canadian spouse outside of Canada or working for a Canadian company outside of Canada, to name a few. Speak to a lawyer if you aren’t sure whether you’ve met the requirements or one of the exceptions.

The only way you can lose your status for failing to meet the residency requirement goes something like this: an immigration officer has to review your residence history over the previous five years upon your re-entry into Canada after a long absence or upon your application for a new permanent resident card after the expiration of a previous card. If the officer believes that you have fallen short of the 730-day requirement, that officer can look at humanitarian and compassionate reasons for allowing you to keep your status, usually involving the best interests of any children involved. If the officer still isn’t satisfied that you should keep your status, he or she will write up a report and give you an opportunity to appeal that decision at the Immigration Appeal Division. It is only after you either lose your appeal or fail to file an appeal that you lose your status.

So, really, it is entirely possible to not meet the residency requirement, but still have status. Alternately, it is possible for you to have a valid permanent resident card, but not meet the residency obligation.

If you find yourself in a situation where you are entering Canada and an immigration officer is questioning you about your residency over the past five years and you aren’t sure whether you meet the residency requirement, you should know your basic rights.

First, as a permanent resident you have the right to enter Canada. Second, an officer must allow you into Canada after establishing that you are a permanent resident of Canada. (Although it is always good to travel with the contact information for your immigration lawyer just in case you face difficulties entering Canada.)

Third, you may use your permanent resident card as evidence of your status in Canada whether or not you have met the residency requirement. You also have the right to not answer any questions about your residency over the previous five years once the officer establishes that you are a permanent resident.

Ryan N. Rosenberg, BA, LLB, is an immigration lawyer with Larlee & Associates. Email him at Ryan.Rosenberg@larlee.com, call 604-681-9887 or visit www.larlee.com.