Under the provisions of the Immigration Act, a permanent resident has the right to come into Canada unless he has lost his right to do so. Permanent resident status directly determines eligibility for some fundamental rights and privileges which cannot be taken away lightly once they have been granted.

Normally, residence in Canada is proven with the original Record of Landing, or with a certified true copy of that document. In some cases a permanent resident card is issued. In others, a passport stamp shows the date on which permanent residence was granted, if that person was landed prior to 1972. If a document is not available, the Immigration officer must satisfy himself about the person’s status by questioning him and verifying information through the Field Operations Support System (FOSS).

A person ceases to be a resident under certain circumstances:

• when a deportation order has been made against that person, and that order is executed against him, or
• when the person leaves or remains outside of Canada with the intention of abandoning Canada as his place of permanent residence.

Under the Immigration Act, if a permanent resident is outside Canada for more than 183 days in any 12 month period, the person is deemed to have abandoned Canada as his place of permanent residence, unless he satisfies an Immigration officer or an Adjudicator to the contrary.

Once the person exceeds the 183 day limit, he must explain why he should still be considered to be a resident. The Immigration officer must examine all the available facts before making a decision. The final determination that the person has ceased to be a permanent resident and may not come to Canada as a returning resident is made by an Adjudicator at an inquiry.

To form an opinion on whether or not a person has ceased to be a permanent resident, the Immigration officer should consider the following amongst other factors:

• Is the person in possession of a valid Returning Resident Permit?
• Is there a letter stating that the person has been employed by a Canadian company operating outside Canada?
• Does the person have a document showing that he has been attending school outside of Canada?
• Does he have a document explaining medical reasons for his absence?
• Does the person have a stamp in his passport showing that he has become the resident of another country?
• Is there family still in Canada waiting for him?
• Where are the assets of this person?

It is also important that the Immigration officer establish the person’s intentions in returning to Canada and his links to the country, which include:

• Financial assets in Canada.
• The length of time spent in Canada before leaving the country.
• Does the person have a job in Canada to which he is returning?
• What relatives does he have in Canada?
• Is he maintaining a residence in Canada?
• What was his reason for remaining outside of Canada?

If the individual is unable to produce a permanent resident document, the Immigration officer may have to question him, as well as the persons who know him, in order to establish if he has left Canada with the intention of abandoning his residence.

Persons who intend to be absent from Canada for more than the 183 day period allowed should be in possession of a "Returning Resident Permit" granted by Citizenship and Immigration Canada. That permit will signify that the person did not intend to abandon Canada as his place of permanent residence. It also means that the holder has been carefully examined by an Immigration officer who has assessed his intentions concerning the maintenance of residence in Canada before issuing the permit. Permits can be obtained by interested individuals who can show a valid reason for being absent from Canada for lengthy periods of time. Normally, studies or a job abroad will be considered valid reasons, as well as business interests overseas. However, an application must be made by the person and carefully worded, in order to avoid misunderstandings and problems with the Immigration authorities.