This article details the processes for customers to willingly give up their permanent resident status via an application procedure. A different application must be presented by every relative who desires to give up their permanent resident status willingly.
Clients must fill out IMM 5782, the Application to Voluntarily Renounce PR Status, which consists of Part B (Declaration Form) and IMM 5783 (Document Checklist), and offer every accompanying document needed. There are no charges for an application to give up permanent resident status willingly.
An accurate permanent resident card is required to be surrendered with the request. Willingly renunciation of permanent resident status, if authorized, is a described modification to legal status in Canada. Commonly, customers desiring to retain permanent resident status after willing renunciation is concluded would be needed to present a new application for PR and fee reimbursement.
The official is needed to check and run the application to willingly give up permanent resident status and confirm the client’s status; however, it is not necessary to conclude a permanent resident status judgment as an aspect of authorizing or denying the application. If presenting a request, the client may be accepting to not satisfying residency conditions and is making an application to give up their permanent resident status willingly. Suppose the client is not the subject of the A44 report for motives other than not satisfying the residency duties. In that case, the request to willingly give up permanent residence status can be approved for processing.
PRs may apply to willingly give up their permanent residence status if they do not satisfy the residency duties. Suppose an A44 report is composed on an unacceptability basis other than not fulfilling residency duties, such as an accusation of misinterpretation. In that case, willing renunciation of permanent resident status must be rejected. PR cannot avoid enforcement standards via voluntary renunciation of permanent residence status.
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Presenting an Application to Renounce Permanent Residence Status Voluntarily
It is essential to understand that the legislation does not need an official to evaluate the motives why a customer has presented a request to give up permanent resident status willingly. Clients who desire to give up their permanent resident status voluntarily are required to submit a filled-out application form (IMM 5782) and every needed accompanying documents, which includes surrendering their permanent resident card to one of the below offices for processing:
- In Canada via mail to the Operations Support Centre at the address below: IRCC Operations Support Center Voluntary Renunciation of Permanent Resident Status, 365 Laurier Avenue West Ground Floor Mailroom, South Tower Ottawa, Ontario K1A 1L1
- In Canada, at the port of entry after landing
- Outside of Canada, at a migration office.
Note: Temporary Resident Visa is required to be presented differently from the application to give up permanent resident status willingly. It is suggested that clients who desire to apply for a temporary resident visa execute this after they obtain a judgment on their request to renounce permanent residence status willingly. A temporary resident visa can not be provided to a PR.
Input and Processing
Clients may present a request to willingly give up their permanent resident status at the port of entry, an in-Canada IRCC office, or an abroad immigration office. So many requests to voluntarily renounce permanent resident status are obtained at a POE (Port of Entry).
The local network may obtain a request to willingly give up permanent resident status at the time of processing a family class request. The Local Network should not acquire applications presented outside of an APR or PR status conclusion. Every Inland application to willingly renounce Permanent Resident status is required to be forwarded to the Operations Support Center. The official must check and run the application to give up permanent resident status willingly; however, concluding a permanent resident status judgment is optional as an aspect of authorizing or denying the request.
Note: officials are directed to first confirm any other active Immigration, Refugee, and Citizenship Canada (IRCC) request, such as sponsorship, citizenship, permanent resident card, or permanent resident travel document, before concluding input and processing of a request to renounce permanent resident status willingly. If other active requests are discovered, check for the directions below.
Officials must take unique care to ensure that any request presented to clients below 18 years satisfies all the conditions, primarily with the signatures of every necessary parent or guardian.
Documentation Needed With Request to Renounce Permanent Resident Status Voluntarily
Evidence of Citizenship or Valid Permanent Resident Status in Another Nation
A duplicate of a passport or a nationality certificate from another nation is usually offered with the application to give up permanent resident status willingly. Still, officials are required to be adjustable in contemplating optional evidence of citizenship. A duplicate of a permanent resident card or another document from another nation must also be approved. Officials must take reasonable care before approving travel documents provided by other countries for refugees and stateless persons since these documents usually only recognize the person’s liberty to come back and live in the nation of issuance.
Furthermore, willingly renouncing permanent resident status in Canada is often required to acquire PR in another nation. Suppose the client does not have any additional citizenship. In that case, the official must apply for documentary proof from the client demonstrating they will obtain permanent resident status in the other nation before willingly accepting the application to give up permanent residence status in Canada.
Parents and Legal Guardians of Clients Below 18 Years Signature
Every individual who possesses the lawful sovereignty to act in place of a client below the age of 18 is required to have agreed to the client’s request to renounce permanent resident status willingly. The signature on the request form demonstrates approval. The official must ensure that every applicable signature or parent and legal guardian is completed on the application form by confirming it against the client’s birth certificate.
Suppose the certificate of birth offered does not comprise the parents’ names. In that case, the client must provide extra documents that bear the name of the child and the two parents, including a copy of the certificate of baptism, a civil document from the civil registry, or a federal identification card.
If only one of the parents signed on the request form, then exclusive ownership is required to be verified via:
- Certificate of birth, showing that the father is not known
- Certificate of death of one of the parents
- An order from the court or a written agreement awarding exclusive custody.
Where this document is absent, officials must deny the application and forward letter 2 to the client.
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Even though one of the parents possesses an order from the court awarding exclusive custody, the other non-custodial parent may have the liberty to be consulted on judgments linked to the child. The approval of the non-custodial parent is needed for the client to willingly renounce permanent resident status unless the order from the court thoroughly declares that the non-custodial parent possesses no liberty to partake in judgments linked to the minor’s residence.
Suppose it differs from the name of the child signing the application form on the birth certificate, and no other proof of parental connection or guardianship is offered. In that case, the official is required to reject the application. Clients must provide adoption rulings or other tribunal documents to assure officials that the person signing the application has the lawful right to perform this. When offered, documents for adoption must be assessed to ensure that every person with legal approval over the client has signed the application form.
Suppose officials can develop via papers or electronic documents that the person signing the application is the same parent or guardian who supported the child or the child relocated to Canada. In that case, this is required to commonly be enough to satisfy the conditions in paragraph R72.6(b).
Confirm Permanent Resident Status of Client
Officials must confirm whether the client possesses authentic, permanent resident status in Canada to run a request to give up permanent resident status willingly. A client who has yet to forfeit their permanent resident status via one of the means placed in section A46 is still a PR and must be treated as such until an official concludes otherwise.
The client must submit their authentic permanent resident card as documentation to accompany the application to renounce permanent resident status willingly. If officials can confirm that the client holds genuine permanent resident status in Canada, then officials are required to refuse the application.
If Client Status is not Clear From the GCMS Record
Suppose it can not be specified from the GCMS record whether the client is a permanent resident or an international citizen. In that case, they must be handled as a permanent resident if it shows that they were ever awarded permanent resident status. In this situation, a request for voluntary renunciation of permanent resident status can be run without examining the client further.
If it does not show that the client was ever awarded permanent resident status, they must be handled as international citizens. Their request must be returned without processing, withdrawn in GCMS, and Letter 3 is forwarded to the client.
International Citizens Are Not PRs
A client who has already forfeited permanent resident status, such as receiving a bad residency conclusion and not appealing this judgment within the appeal term, is an international citizen. If a client is a global citizen, officials must return the application to give up permanent resident status without processing and forward Letter 3 to the client.
Application to Voluntarily Renounce Permanent Resident Status With no Other Active Requests
Accepting the Application
If the client willingly satisfies the conditions to give up permanent resident status and has offered the needed documents, then the request is endorsed. The official must update the client’s profile in GCMS and forward Letter 1 to the client, which verifies the modification to status. For more than one application in a household or group, the official must forward each client their judgment letter.
Application Acquired at the Port of Entry
Clients with permanent resident status may land at the POE and convey that they understand they have not satisfied the residency responsibilities and desire to bypass an unacceptability report and final withdrawal order. Applications for voluntary renunciation are approved for not meeting residency responsibilities only and not for other unacceptable reasons.
Officials must check the qualification conditions for voluntary renunciation and be cautious about advising the client. While officials are not required actively to motivate clients to willingly renounce their permanent resident status, it can be submitted as a choice, and data and links to forms are issued. Officials must accept an application to willingly give up permanent resident status if they are fulfilled that the only basis for the unacceptability is neglecting to satisfy the residency conditions. The official will evaluate and decide if the client can be accepted as a temporary resident in Canada.
Officials must take unique care to ensure that any request for clients under 18 satisfies the applicable conditions. Suppose the request to give up permanent resident status willingly is accepted, with accompanying documents given, and all other conditions for access as a temporary resident are satisfied. In that case, the client can be admitted to Canada as a TR for six months when the official is fulfilled that the client will:
- Have regard for the requirement of temporary resident status, which includes not working or studying approval
- Exit Canada after the duration of their stay is approved.
When a request to willingly renounce permanent resident status is endorsed, the customer must surrender their permanent resident card. Letter 1 is required to be offered to the client, verifying that voluntary renunciation of permanent resident status is accepted. Clients must have a duplicate of the signed application and the judgment letter. Officials are required to account for the conclusion in GCMS adequately, and the application must be scanned and saved. The steps for the GCMS process are given below.
If a client is an international citizen, then the official must return the application to willingly renounce permanent resident status without processing since the client is not qualified. Letter 3 is required to be offered to the client. Suppose the request to give up permanent resident status willingly is denied for neglecting to have the needed documentation. In that case, the client is required to be permitted to arrive in Canada as a PR.
Note: An official is permitted to carry out a residency judgment. It is suggested that an official not conclude a bad residency conclusion on clients who are not qualified to willingly give up their permanent resident status due to omitting documentation, even if the client demands this step, provided they must possess enough proof to execute their judgment. Instead, the client must be permitted to arrive in Canada as a PR and has been recommended to make another application to willingly renounce their permanent residence status from within Canada.
In cases where the application to willingly renounce permanent resident status is denied, but the official has worries about acceptability to Canada, the official is required to conclude the processing of the request and reject it according to the relevant grounds of needing to be qualified. The client’s feasible unacceptability can be evaluated under regular unacceptable processing directions. If an official rejects a request to renounce permanent resident status because of unqualified, the client still desires to stop being a permanent resident. The official can recommend the choice of acquiring a residency conclusion by making an application for a permanent resident card.
