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Voluntary renunciation of permanent resident (PR) status – Processing instructions

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

Overview

This page provides information about the procedures for clients to voluntarily renounce their permanent resident (PR) status (i.e., to give up or surrender PR status) through an application process.

A separate application must be submitted by each family member who wishes to voluntarily renounce their PR status.

Clients must complete IMM 5782 – Application to Voluntarily Renounce Permanent Resident Status, including Part B – Declaration form, and IMM 5783 – Document Checklist form and provide all supporting documentation required.

There is no fee for an application to voluntarily renounce PR status.

A valid PR card must be surrendered with the application.

Voluntary renunciation of PR status, if approved, is a defined change to legal status in Canada [A46(1.1)]. Generally, clients wishing to re-gain PR status after voluntary renunciation is complete, would be required to submit a new application for permanent residence (APR) and fee payment.

The officer is required to review and process the application to voluntarily renounce PR status, and complete a verification of the client’s status, but is not required to complete a PR status determination as part of approving or refusing the application on its own.

In submitting an application, the client may be admitting to not meeting residency requirements and is applying to voluntarily renounce their PR status. As long as the client is not the subject of an A44 report for reasons other than not meeting the residency obligation, then the application to voluntarily renounce PR status can be accepted for processing.

Permanent residents may apply to voluntarily renounce their PR status if they do not meet the residency obligation (A28). If an A44 report is written for inadmissibility grounds other than not meeting residency obligations (e.g., allegations of misrepresentation), then voluntary renunciation of PR status must be refused. Permanent residents cannot evade enforcement measures through voluntary renunciation of PR status.

See also

On this page

Submitting an application to voluntarily renounce PR status

It is important to note that the legislation does not require an officer to assess the reasons why a client has submitted an application to voluntarily renounce PR status.

Clients who wish to voluntarily renounce their PR status must submit a completed application form (IMM 5782) and all required supporting documents (see Document Checklist IMM 5783 and Guide 5781), including surrender of their PR card, to one of the following offices for processing:

Note: TRV applications must be submitted separately from the application to voluntarily renounce PR status. It is recommended that clients who wish to apply for a TRV do so after they receive a decision on their application to voluntarily renounce PR status. A TRV cannot be issued to a permanent resident.

Intake and processing

Clients may submit an application to voluntarily renounce their PR status at a port of entry, an in-Canada Immigration, Refugees and Citizenship Canada (IRCC) office, or an overseas migration office. The majority of applications to voluntarily renounce PR status are received at a port of entry.

The Domestic Network may receive an application to voluntarily renounce PR status during processing of a family class application. The Domestic Network is not to receive applications submitted outside of an APR or permanent resident status determination.

All inland applications to voluntarily renounce PR status should be sent to the OSC.

The officer is required to review and process the application to voluntarily renounce PR status, but is not required to complete a PR status determination as part of approving or refusing the application on its own.

Note: Officers are instructed to first verify any other active IRCC applications (e.g., sponsorship, citizenship, PR card, Permanent Resident Travel Document (PRTD)) before completing intake and processing of an application to voluntarily renounce PR status. If other active applications are found, see further instructions below.

Officers should take special care to ensure that any application submitted involving clients under 18 years of age meet all the requirements, most significantly with signatures of all relevant parents or guardians.

Documentation required with application to voluntarily renounce PR status

Proof of citizenship or valid PR status in another country

A copy of a passport or a citizenship certificate from another country is normally provided along with the application to voluntarily renounce PR status, but officers should be flexible in considering alternate proof of citizenship. A copy of a PR card or another document from another country should also be accepted.

Officers should take exceptional care before accepting travel documents issued by other countries for refugees and stateless individuals because such documents are not always indicative of the individual’s right to return to and reside in the country of issuance.

In addition, voluntarily renouncing PR status in Canada is sometimes a condition of obtaining permanent residence in another country. If the client has no other citizenship, then the officer should request documentary evidence from the client indicating they will receive PR status in the other country before approving the application to voluntarily renounce PR status in Canada.

Signature of parents and legal guardians of clients under 18 years of age

Every person who has the legal authority to act on behalf of a client under 18 years of age must have consented to the client’s application to voluntarily renounce PR status [R72.6(b)]. Consent is indicated by signature on the application form.

The officer must ensure that all relevant signatures of parents or legal guardians are completed on the application form by verifying it against the client’s birth certificate.

If the birth certificate provided does not include the names of the parents, then additional documentation that carries the names of the child and both parents, such as a copy of the baptismal certificate, a civil registry document, a school transcript, or a national identity card, must be provided by the client.

If only one parent has signed the application form, then sole custody should be confirmed through:

In the absence of such documentation, officers must refuse the application and send Letter 2 to the client.

Even if one parent has a court order granting sole custody, the other non-custodial parent may have the right to be consulted on decisions related to the child. The authorization of the non-custodial parent is required for the client to voluntarily renounce PR status, unless the court order explicitly states that the non-custodial parent has no right to participate in decisions related to the child’s place of residence.

If the client signing the application form is not named on the birth certificate and no other evidence of parental relationship or guardianship is provided, then the officer should refuse the application. Clients bear the responsibility of providing adoption orders or other court documents to satisfy officers that the individual(s) signing the application have the legal right to do so. When provided, adoption documents should also be examined to ensure that all individuals with legal authority over the client have signed the application form.

If officers are able to establish through paper or electronic records that the individual(s) signing the application are the same parents/guardians who sponsored the child or with whom the child immigrated to Canada, then this should normally be sufficient to meet the requirement of paragraph R72.6(b).

Verify PR status of client

Officers must verify whether the client has valid PR status in Canada in order to process an application to voluntarily renounce PR status.

A client who has not lost their PR status through one of the mechanisms set out in section A46 is still a permanent resident and must be treated as such until an officer determines otherwise.

The client is required to surrender their valid PR card as documentation in support of the application to voluntarily renounce PR status. If officers cannot verify that the client holds valid PR status in Canada, then officers must refuse the application.

Status of client is unclear from the GCMS record

If it cannot be determined from the GCMS record whether the client is a PR or a foreign national, then they should be treated as a PR if it appears they were ever granted PR status. In this case, an application for voluntary renunciation of PR status can be processed without clarifying further with the client.

If it does not appear the client was ever granted PR status, then they should be treated as a foreign national and their application should be returned unprocessed, cancelled in GCMS, and Letter 3 is sent to the client.

Foreign nationals are not permanent residents

A client who has already lost PR status (e.g. they received a negative residency determination and did not appeal this decision within the appeal period), is a foreign national. If a client is a foreign national, then officers should return the application to voluntarily renounce PR status unprocessed, and send Letter 3 to the client.

Application to voluntarily renounce PR status with no other active applications

Approving the application

If the client meets the requirements to voluntarily renounce PR status and has provided the required documents, then the application is approved. The officer should update the client’s profile in GCMS and send Letter 1 to the client, which confirms the change to status.

For multiple applications in a family or group, the officer should send each client their own individual decision letter.

Application received at port of entry

Clients with PR status may arrive at the port of entry and communicate that they know they have not met the residency obligation and want to avoid an inadmissibility report and eventual removal order. Applications for voluntary renunciation are permitted for the reason of not meeting residency obligation only, and not for any other inadmissibility grounds.

Officers should review the eligibility requirements for voluntary renunciation and be careful about counselling the client. While officers should not actively encourage clients to voluntarily renounce their PR status, it can be presented as an option, and information and links to forms provided.

Officers should approve an application to voluntarily renounce PR status if they are satisfied that the only ground for inadmissibility is failing to meet the residency requirements. The officer will then make an assessment to determine if the client can be admitted to Canada as a temporary resident.

Officers should take special care to ensure that any applications involving clients under 18 years of age meet the appropriate requirements.

If the application to voluntarily renounce PR status is approved, with supporting documentation provided, and all other requirements for entry as a temporary resident are met, then the client can be admitted to Canada as a temporary resident for a period of six months, when the officer is satisfied that the client will:

When an application to voluntarily renounce PR status is approved, the client must surrender their PR card.

Letter 1 must be provided to the client confirming that voluntary renunciation of PR status is approved. Clients must be provided with a photocopy of the signed application and the decision letter. Officers must properly document the decision in GCMS and the application should be scanned and saved. The GCMS processing steps are provided below.

If a client is a foreign national, then the officer should return the application to voluntarily renounce PR status unprocessed, as the client is ineligible. Letter 3 must be provided to the client.

If the application to voluntarily renounce PR status is refused for failure to have the required documentation, then the client should be allowed to enter Canada as a permanent resident.

Note: An officer is authorized to do a residency determination. It is recommended that an officer not complete a negative residency determination on clients who are ineligible to voluntarily renounce their PR status based on missing documentation, even if the client requests this step, and given that they need to have sufficient evidence to make their decision. Instead, the client should be allowed to enter Canada as a permanent resident and be advised to make another application to voluntarily renounce their PR status from within Canada.

In situations where the application to voluntarily renounce PR status is refused, but the officer has concerns with admissibility to Canada, the officer should complete the processing of the application and refuse it based on the applicable ground of ineligibility. The client’s possible inadmissibility can then be assessed under normal inadmissibility processing instructions.

If an officer refuses an application to voluntarily renounce PR status due to ineligibility, but the client still wishes to cease being a PR, then the officer can suggest the option of obtaining a residency determination by applying for a PR card.

Considering and processing other active applications facilitating travel – TRV or eTA

An application to voluntarily renounce PR status may be submitted with or without another application type. Most common is for clients to voluntarily renounce PR status in parallel with an application for a TRV or an eTA, or if an application to voluntarily renounce PR status is received along with another application, then the officer should follow the procedures below.

Application for voluntary renunciation of PR status received with application for a TRV or an eTA

If the client is a foreign national, then the application to voluntarily renounce PR status should be returned unprocessed as the client is ineligible. Send Letter 3 to the client and complete processing of the application for the TRV or eTA.

If the client is a permanent resident, then the application to voluntarily renounce PR status should be processed. When approved, send Letter 1 to the client that confirms the change in PR status and complete processing of the application for the TRV or eTA.

If the client has applied for a TRV or an eTA without submitting an application to voluntarily renounce PR status, then the client status needs to be addressed first.

Clients who apply for an eTA, or a TRV, and who also have PR status must choose to voluntarily renounce their PR status, or withdraw their application for the travel document. Officers should put the application on hold and communicate with the client about the options of: (1) retaining PR status, withdrawing the application for the TRV or eTA, and applying for a PRTD for travel; or (2) submitting an application to voluntarily renounce PR status, and then the TRV/eTA application will be processed. Letter 4 is available for the situation of a TRV application; Letter 5 is available for the situation of an eTA application.

If the client opts to withdraw the application for the eTA or TRV and apply for a PRTD, then the eTA/TRV fees must be refunded, and the client must pay the PRTD processing fees. The basis for the eTA/TRV fee refund is that the client applied for a service that cannot be granted because of their status as a permanent resident.

Application for voluntary renunciation of PR status received with APR

If the client is a foreign national, then the application to voluntarily renounce PR status should be returned unprocessed as the client is ineligible. Send Letter 3 to the client and complete processing of the APR.

If the client is a permanent resident, then the application to voluntarily renounce PR status should be processed first. Send Letter 1 to the client confirming that voluntary renunciation of PR status is approved, and complete processing of the APR.

Instructions for refusing the application to voluntarily renounce PR status

If an officer determines that a client does not meet the requirements to voluntarily renounce PR status, then the application should be refused and notes updated in GCMS. The officer’s rationale for the determination must be included in the GCMS notes and in the letter sent to the client.

If the application is refused for not meeting requirements, then the officer should send the client Letter 2 – refuse application to renounce PR status, does not meet section 72.6 of the Immigration and Refugee Protection Regulations.

When an officer determines that a client is not a permanent resident but a foreign national, then the application should be refused, and Letter 3 sent to the client.

Instructions for processing the application to voluntarily renounce PR status with ongoing inadmissibility report (A44)

There may be circumstances in which a client with an inadmissibility report written against them indicates they do not want to go through the removal order process and would rather voluntarily renounce their PR status. This could occur in cases where the client has failed to meet the residency obligation, for example, after submitting a PR card application.

Officers must exercise care before approving applications to voluntarily renounce PR status because approving an application inland grants the client six months of temporary resident status.

As a general rule, an officer should approve an application to voluntarily renounce PR status from an inland client with an outstanding section A44 report only if the officer is satisfied that:

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.

The client must complete the Application to Voluntarily Renounce Permanent Resident Status form [IMM 5782], and Document Checklist [IMM 5783] with all supporting documentation required. The officer may also wish to ensure that the client has read the guide thoroughly and understands and consents to the consequences of voluntary renunciation of PR status. Once the client’s application is processed, then the inadmissibility report can be closed with no further action.

If an officer or a Minister’s delegate is not satisfied of the above facts, then the application to voluntarily renounce will be refused and the applicable letter sent to the client; processing of the inadmissibility report can then continue.

If the officer refuses the application to voluntarily renounce PR status due to ongoing inadmissibility report (A44) for grounds of inadmissibility other than the residency obligation, then Letter 6 (which is customizable) should be sent to the client.

Instructions for reinstating PR status

If a client submits a request for reinstatement of PR status, on the grounds that the application was not submitted by them or by a person authorized on their behalf and the officer is satisfied that the application was not submitted by them or by a person authorized on their behalf, then the original application to voluntarily renounce PR status must be cancelled, as the application should not have been accepted in the first place. Privacy breaches must be reported to the Access to Information and Privacy (ATIP) Division as soon as they are discovered.

The PR status will revert as of the date of the original decision. This is the most beneficial to the client. The client should be put back in the position they were in beforehand, which does not necessarily include a determination of meeting the residency obligation. As stated in the letter to the client, the voluntary renunciation wrongfully transacted does not impact the days of physical presence in Canada.

The client status as a permanent resident is reinstated from the effective date of the voluntary renunciation reflecting that PR status was maintained throughout. Letter 7 should be sent to the client.

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