===================

Permanent Resident

  1. definition
  2. examples and/or illustrations
  3. other useful sources
  4. bibliography
  5. case law


Definition

(Canadian) an immigrant who has been given official residential status, often prior to being granted citizenship

Dictionary.com, http://dictionary.reference.com/browse/permanent+resident?s=t (accessed on April 12, 2012).

French translation: Résidence permanente / Résident permanent

 

According to Canada:

“A permanent resident is someone who has acquired permanent resident status by immigrating to Canada, but is not yet a Canadian citizen. Permanent residents have rights and privileges in Canada even though they remain citizens of their home country. In order to maintain permanent resident status, they must fulfill specified residency obligations.

A person in Canada temporarily, such as an international student or a temporary foreign worker, is not a permanent resident.

Refugees who are resettled from overseas arrive in Canada as permanent residents through the Government-Assisted Refugee Program or the Private Sponsorship of Refugees Program. However, people who make refugee claims in Canada (either at a port of entry or a CIC office) are not permanent residents. In order to become one, these people must receive a positive decision on their refugee claim from the Immigration and Refugee Board. Then, they must apply for and be granted permanent resident status.”

Citizenship and Immigration Canada, About Being a Permanent Resident of Canada, http://www.cic.gc.ca/english/newcomers/about-pr.asp (accessed on April 12, 2012).

 

According to the United States:

“A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United States. Permanent resident status confers certain rights and responsibilities. For example, LPRs may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities.

They may also join certain branches of the Armed Forces, and apply to become U.S. citizens if they meet certain eligibility requirements. “

Monger, Randall and James Yankay, Annual Flow ReportU.S. Legal Permanent Residents: 2010, March 2011, http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2010.pdf (accessed on April 12, 2012).

 

According to Australia:

“A Australian permanent resident is a non-citizen who, being usually resident in Australia, is the holder of a permanent visa.”

Australian Government – Department of Immigration and Citizenship, Visas, Immigration and Refugees, http://www.immi.gov.au/migrants/family/definitions.htm (accessed on April 12, 2012).

 

According to the European Union:

“EU countries must recognise long-term resident status after five years of continuous legal residence. Absences from the EU country for periods of less than six consecutive months (and not exceeding ten months in total within the five-year period) or for specific reasons provided for by national law (e.g. military service, secondment for work purposes, serious illness, maternity, research or studies) will be regarded as not interrupting the period of residence.

In order to obtain long-term resident status, non-EU nationals must prove that they have, for themselves and their family (if dependent):

  • stable resources sufficient to live without recourse to the social assistance system of the EU country concerned;
  • sickness insurance.

EU countries may require non-EU nationals to comply with further integration conditions (such as sufficient knowledge of a national language of the EU country concerned).

EU countries may refuse to grant long-term resident status on grounds of public policy or public security.”

Europa, Summaries of EU Legislation, Status of non-EU nationals who are long-term residents, http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l23034_en.htm (accessed on April 12, 2012).

 

Examples and/or Illustrations

Permanent Resident Card from Canada (not the most recent one):  www.cic.gc.ca (accessed on April 12, 2012).

US Green Card: www.immigrationdirect.com (accessed on April 12, 2012).

Permanent Residence Card of the People’s Republic of China:  http://zh.wikipedia.org/wiki/File:People%27s_republic_of_China_foreigner%27s_permanent_residence_card_%28front%29.jpg (accessed on April 12, 2012).

 

Other Useful Sources

Australian Government, Department of Immigration and Citizenship, Pathways to Permanent Residency, http://www.immi.gov.au/skilled/general-skilled-migration/sir.htm (accessed on April 12, 2012).

Citizenship and Immigration Canada, About Being a Permanent Resident of Canada, http://www.cic.gc.ca/english/newcomers/about-pr.asp (accessed on April 12, 2012).

Europa, Summaries of EU Legislation, Status of non-EU nationals who are long-term residents, http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l23034_en.htm (accessed on April 12, 2012).

US Citizenship and Immigration Services, Green Card (Permanent Residence), http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCRD&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60aRCRD (accessed on April 12, 2012).

 

Bibliography

Magliveras, Konstantinos D., Migration Law in Greece, Kluwer Law International, 2011, 64-88.

Monger, Randall and James Yankay, Annual Flow ReportU.S. Legal Permanent Residents: 2010, March 2011, http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2010.pdf (accessed on April 12, 2012).

Peers, Steve, EU Immigration and Asylum Law: Text and Commentary, Martinus Nijhoff Publishers, 2006, 615-659.

Zas, Maria, “Consular Absolutism: The Need for Judicial Review in the Abjudication of Immigrant Visas for Permanent Residence, 37 J. Marshall Law Review 577 (2003-2004), 577-598.

 

Case Law

CANADA

  • Haj Khalil v. Canada (F.C.), 2007 FC 923, (2007), [2008] 4 F.C.R. 53

EUROPEAN UNION: EUROPEAN COURT OF JUSTICE

  • Metock and Others v. Minister for Justice, Equality and Law Reform, C-127/08, European Union: European Court of Justice, 25 July 2008
  • Yunying Jia v. Migrationsverket, C-1/05, European Union: European Court of Justice, 9 January 2007
  • Nural Ziebell v. Land Baden-Württemberg, C-371/08, European Union: European Court of Justice, 8 December 2011.
    • Servet Kamberaj v Istituto per l’Edilizia sociale della Provincia autonoma di Bolzano (IPES), C‑571/10, European Union: European Court of Justice, 24 April 2012.
    • European Commission v Kingdom of the Netherlands, C-508/10, European Union: European Court of Justice, 19 January 2012.

NEW ZEALAND

  • Ahmadzai v. Attorney-General, CIV-2004-404-007105, New Zealand: High Court, 23 September 2005

SOUTH AFRICA

Koyabe and Others v Minister for Home Affairs, CCT 53/08 2009 ZACC 23, South Africa: Constitutional Court, 25 August 2009