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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Citizenship & PR Guides Canada » Charter Rights of Canadian Permanent Residents vs Citizens Explained

Charter Rights of Canadian Permanent Residents vs Citizens Explained

3 Jul 2026 4 min read No comments Citizenship & PR Guides Canada
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Under Section 6 of the Canadian Charter of Rights and Freedoms, Permanent Residents have the constitutional right to move, live, and work anywhere in Canada. However, only citizens hold the absolute right to vote, hold a Canadian passport, and remain in the country without fear of deportation. The federal fee for a citizenship application is $653 CAD.

When you transition from a temporary worker or student to a Permanent Resident (PR) in Canada, your legal protections expand dramatically. The Canadian Charter of Rights and Freedoms is the supreme law of the land, and it guarantees fundamental freedoms to almost everyone physically present in the country. However, many newcomers wrongly assume that PR status is identical to citizenship. Understanding the exact legal boundaries between these two statuses is critical to protecting your life in Canada. Connecting with a local immigration lawyer from our directory is highly recommended if you are navigating the transition to full citizenship. 📝

The distinction between a citizen and a permanent resident is primarily defined by the Charter and the Immigration and Refugee Protection Act (IRPA). PRs enjoy massive protections, including the right to life, liberty, and security of the person under Section 7, and protection against unreasonable search and seizure. You can live in Toronto, work in Calgary, or retire in Halifax without restriction. Yet, PR status is conditional. A permanent resident can be stripped of their status and deported for serious criminality (such as an indictable offence), whereas a Canadian citizen possesses an absolute, unconditional right to enter and remain in Canada. 📈

Step-by-Step Process in Canada

Whether you currently reside in Montreal, Vancouver, or Ottawa, moving from permanent residency to full citizenship requires a structured legal approach. Most permanent residents in Canada follow these steps to secure their ultimate Charter rights. 📍

Step 1: Exercise Your Mobility Rights

As a PR, you must understand your rights under Section 6 of the Charter. You have the right to move to and take up residence in any province, and to pursue the gaining of a livelihood in any province. For example, if you obtained your PR through the Ontario Immigrant Nominee Program (OINP), you technically have the constitutional right to move to Alberta later. However, leaving a nominating province immediately after landing can sometimes trigger misrepresentation investigations by IRCC, so legal advice is recommended. 📄

Step 2: Adhere to the Residency Obligations

Unlike citizens, who can leave Canada for decades without penalty, PRs must maintain physical presence. To keep your PR status, you must be physically present in Canada for at least 730 days (two years) within every five-year rolling period. You must rigorously track your travel dates, keeping a detailed log of every trip outside of Canada, including day trips to the United States. 🔍

Step 3: Avoid Criminal Inadmissibility

This is the most critical difference in legal rights. If a citizen commits a crime, they go to jail in Canada. If a PR commits a crime classified as serious criminality (an offence punishable by a maximum term of 10 years or more, or actually sentenced to at least 6 months), they can face deportation without the right to an Immigration Appeal Division (IAD) hearing. Always retain a criminal defence lawyer immediately if you are a PR facing charges. ⚔️

Step 4: Track Physical Presence for Citizenship

To upgrade your Charter rights to include voting and passport privileges, you must apply for citizenship. Under current IRCC rules, you must have been physically present in Canada for at least 1,095 days (three years) during the five years right before the date you sign your application. You must also have filed your income taxes with the CRA for at least three of those years. 💰

Step 5: File the Citizenship Application

Once eligible, compile your physical presence calculator, language test results, and CRA tax records. Submit the application to IRCC and prepare for the Canadian Citizenship Test. Once you swear the Oath of Citizenship, you instantly gain the constitutional right to vote in federal, provincial, and municipal elections, run for political office, and hold a powerful Canadian passport. 📩

How Much Does it Cost in Canada?

Securing and upgrading your legal status in Canada involves predictable government fees. These IRCC processing fees are subject to change. 💵

Adult Citizenship Application Fee$653 CAD
Minor Citizenship Application Fee (Under 18)$100 CAD
Permanent Resident Card Renewal$50 CAD
Immigration Lawyer (Citizenship Application)$1,500 to $3,500+ CAD

How Long Does the Process Take?

The journey from permanent resident to citizen is a multi-year endeavour. You must first accumulate a minimum of 3 years (1,095 days) of physical presence in Canada. Once you submit your citizenship application to IRCC, standard processing times generally range from 6 to 12 months, which includes background checks, taking the citizenship test, and awaiting your invitation to the final oath ceremony. ⏳️

Frequently Asked Questions (FAQ)

Can a Permanent Resident vote in municipal elections?

No. Under Section 3 of the Charter, only Canadian citizens have the right to vote. While some city councils have debated allowing PRs to vote in local municipal elections, provincial laws across Canada currently restrict all voting rights exclusively to citizens.

Can PRs work in federal government jobs?

PRs can apply for federal government jobs, but under the Public Service Employment Act, Canadian citizens are strongly given legal preference. If a citizen and a PR are equally qualified for a position, the government must hire the citizen.

Can a Permanent Resident hold a Canadian passport?

No. Passports are strictly issued to citizens. Permanent residents must travel using a passport issued by their country of nationality, paired with their Canadian PR card to re-enter Canada.

Do PRs get the same free healthcare as citizens?

Yes. Access to provincial healthcare (like OHIP in Ontario or MSP in British Columbia) is based on residency, not citizenship. Permanent residents have the exact same access to universal medical care as Canadian citizens.

Can I lose my citizenship like I can lose PR status?

Generally, no. Once you are a citizen, you cannot be deported for committing crimes. The only way the government can revoke your citizenship is if they prove you obtained it through extreme fraud or misrepresentation during the application process.

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