ARCHIVED – Operational Bulletin 505 - March 5, 2013

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Processing Relinquishment of Permanent Resident Status

This document has expired. Please refer to the appropriate Program Delivery Instructions for current information.

Issue

The purpose of this Operational Bulletin is to provide instructions to visa offices on the processing of requests for relinquishment of permanent resident (PR) status and on the fees, processes and documents required to process. It complements the instructions in OP 10, Section 13 and corrects OP 10, Section 13.3. Ports of Entry should continue to adhere to the instructions in ENF 23, Section 7.10.

Background

If a person was granted PR status under the former Immigration Act or Immigration and Refugee Protection Act (IRPA) and has never lost their status pursuant to relinquishment under the former Act, or pursuant to any of the enumerated grounds of A46 of IRPA, the person may still be a permanent resident. As a result, an officer must complete a determination of loss of status under A28 before issuing any type of visa.

If a person who had PR status requests the relinquishment of that status without any other application, relinquishment cannot be accepted until the person’s PR status is determined.

At present, there is no mechanism under IRPA to relinquish PR status. A legislative amendment in Bill C-43, the Faster Removal of Foreign Criminals Act, proposes to allow, on approval by an officer, an application to renounce PR status. These instructions will be reviewed should this legislative amendment come into force.

Processing

For any case requiring a PR status determination, a Permanent Resident Travel Document (PRTD) application must be created in the Global Case Management System (GCMS) to record the assessment and the delegated decision-maker’s decision on the PR status determination.

If the person applies in future for a PRTD or PR card, it is difficult to establish whether and when a prior PR status determination occurred if the record appears only in the notes of another application.

In addition, if the residency determination decision is captured only in the Permanent Resident Visa (PRV) case notes, Citizenship and Immigration Canada’s systems will not capture the visa office effort. The visa office will not get credit for the effort for purposes such as cost management and in determining resource requirements.

Completion of a PRTD application form may be required even if the person is not applying for a PRTD if the information needed is not available from the information already on file.

Permanent Resident Visa Applications

Processing for a person who is applying for a new PRV and who DID NOT sign an IMM 1342B relinquishing status under the former Immigration Act and who has not lost status under former Act or IRPA

A person may be treated as a foreign national for the purpose of issuing a new PRV if:

  • the determination under A28 is negative; and either
  • the person consents in writing to the residency decision and the person waives their right to appeal the decision, in writing; or
  • the appeal period expires without an appeal of the determination being filed.

For PRV applications processed in the Computer-Assisted Immigration Processing System (CAIPS), the new PRV can be issued in CAIPS after a consent and waiver are obtained from the applicant or after the appeal period expires, whichever comes first. If a consent and waiver are obtained, a scanned copy should be attached to the client’s record in GCMS. If the PRV is issued in CAIPS, there is no need to notify Operations Support Centre ( OSC) and no action is required by OSC.

Before a visa office can issue a PRV in GCMS to an applicant who previously had PR status, a 'Lost/Relinquishment' date must be entered in the client’s record. OSC users are the only designated GCMS users with the authority to enter this information. OSC can enter this data once a consent and waiver are obtained from the applicant or after the appeal period expires, whichever comes first.

A scanned copy of the consent and waiver must be attached to the client’s record in GCMS. An email can then be sent to OSC requesting that a 'Lost/Relinquishment' date be entered in the client’s record. OSC will enter the date the person’s PR status was lost based on the residency determination date. The service standard for action by OSC on this type of request is five business days from the day the request is received in OSC. OSC will confirm to the visa office, by email to the requester, once the request is complete.

Once the 'Lost/Relinquishment' date is entered in GCMS, the visa office can issue the new PRV in GCMS.

If it is determined that the person has retained their PR status, regardless of whether the PRV application is in CAIPS or GCMS, the PRV application should be withdrawn, the PRV processing fee should be refunded, the PRTD fee should be collected and a PRTD should be issued. For procedural information outside of GCMS on refund and collection of fees, refer to Sections 5.10 and 7.3 respectively in the Cost Recovery Manual for missions. For GCMS cases, all refund and fee transactions must be initiated in GCMS. Refer to the content “Immigration Specific” and select “Fees” from the GCMS User Guide for detailed system procedures.

Processing for a person who voluntarily relinquished their status by signing an IMM 1342B under the former Immigration Act and is applying for a new PRV

A person who voluntarily relinquished their PR status under the former Immigration Act may be treated as a foreign national if they:

  • formally signed a document (usually an IMM 1342B Confiscated or Voluntary Surrendered IMM 1000B form) voluntarily declaring abandonment of PR status (this is normally indicated by Field Operations Support System (FOSS) Non-Computer-Based Entry (NCB) Code 10: vol relinq of status); and
  • acknowledge that in signing the IMM 1342B they were abandoning PR status. This should be recorded in the officer’s notes and retained on the file.

For PRV cases processed in CAIPS, the voluntary relinquishment record should be noted and the new PRV then can be issued.

For PRV cases processed in GCMS, an email must be sent to OSC requesting OSC to enter in GCMS the date the person’s PR status was relinquished. The service standard for action by OSC on this type of request is five business days from the day the request is received in OSC. OSC will confirm to the visa office, by email to the requester, once the request is complete. Once the date is entered, the visa office can issue the new PRV.

If there is no electronic record that OSC can use to date the relinquishment, the procedure for “Person who DID NOT sign an IMM 1342B relinquishing status under the former Immigration Act” must be followed.

Quick Reference Table

Person is applying for PRV
Applicant PR status determination required? Fee applicable Can relinquishment be granted? Application required Supporting documents required Document to be issued to applicant
Relinquished under formerAct or previously lost status No PRV fee N/A PRV application PRV documents PRV
Doesn’t meet A28 requirement, 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 N/A PRTD application Evidence of meeting A28 requirements PRTD

Relinquishment and Temporary Resident Visa Application Processing

OP 10, Section 13 covers most circumstances for processing applications for Temporary Resident Visas (TRVs) from persons who have previously held PR status. However, that chapter does not clearly set out the fees applicable and the documents required in different circumstances, which vary depending on what type of application the person makes and whether the person requires a visa to enter Canada. The Quick Reference Table below sets out what is required in different circumstances.

In all circumstances where a consent and waiver is obtained, a scanned copy should be attached to the client’s GCMS record. If no action is required by OSC, there is no need to notify OSC.

Even if a client consents to the decision and waives their appeal rights, or submits a relinquishment declaration, a PRTD refusal and appeal rights letter must be issued to inform the client that a residency determination has been made that may affect their rights under IRPA. If the client consents to the decision and waives their appeal rights, there is no need to wait until the appeal period expires before proceeding.

If the client declines to consent to the negative residency decision and refuses to waive their appeal rights, this may be taken into account in assessing the bona fides of their temporary intent. A PRTD refusal and appeal rights letter must be issued to inform the client of their rights under IRPA. A TRV may be issued if the visa officer is satisfied that the applicant meets the R179 requirements for a TRV, including being satisfied that the applicant will leave Canada by the end of the period authorized for their stay. If the visa officer is satisfied that the applicant meets the requirements for a TRV, there is no need to wait until the appeal period expires before issuing a TRV.

Quick Reference Tables

Person does not want any type of TRV or is a national of a visa-exempt country
Applicant PR status determination required? Fee applicable Can relinquishment be granted? Application required Supporting documents required Document to be issued to applicant
Meets A28 requirements but wants to relinquish, no special circumstances (see OP 10, Section 13.4) Yes PRTD fee No PRTD application Evidence of meeting A28 requirements PRTD
Meets A28 requirements but wants to relinquish,  special circumstances (see OP 10, Section 13.4) 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)
Doesn’t meet A28 requirements, wants to relinquish Yes PRTD fee Yes PRTD application consent and waiver PRTD refusal and appeal rights letter
Meets A28 requirements, doesn’t want to relinquish Yes PRTD fee N/A PRTD application Evidence of meeting A28 requirements PRTD
Doesn’t meet A28 requirements, doesn’t want to relinquish Yes PRTD fee N/A PRTD application Evidence of meeting A28 requirements PRTD refusal and appeal rights letter

Person requires TRV to travel to Canada
Applicant PR status determination required? Fee applicable Can relinquishment be granted? Application required Supporting documents required Document to be issued to applicant
Meets A28 requirements but wants to relinquish, no special circumstances (see OP 10, Section 13.4) Yes PRTD fee No PRTD application Evidence of meeting A28 requirements PRTD
Meets A28 requirements but wants to relinquish,  special circumstances (see OP 10, Section 13.4) Yes PRTD fee Yes PRTD application IMM 5539B Declaration: Relinquishment of Permanent Resident Status/ Residency Obligation Met Copy of IMM5539B completed by Delegated PR status decision-maker (IPM)
Applying for TRV, doesn’t meet A28 requirements, 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, doesn’t want to relinquish Yes TRV fee N/A TRV application Evidence of meeting A28 requirements; TRV documents PRTD refusal and appeal rights letter, TRV; TRV if officer satisfied applicant meets TRV requirements
Applying for PRTD, meets A28 requirements, doesn’t want to relinquish Yes PRTD fee N/A PRTD application Evidence of meeting A28 requirements PRTD
Applying for PRTD, doesn’t meet A28 requirements, doesn’t want to relinquish Yes PRTD fee N/A PRTD application Evidence of meeting A28 requirements PRTD refusal and appeal rights letter

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: