Residency Obligations

Permanent residents must comply with Canada’s residency obligation to maintain their permanent resident status. In most cases, this means being physically present in Canada for at least 730 days within every five-year period. However, not all qualifying days must be spent physically in Canada, as the Immigration and Refugee Protection Act recognizes several important exceptions.

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Meeting the Residency Obligation

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A permanent resident generally meets the residency obligation by:

• Being physically present in Canada for at least 730 days during the relevant five-year period.

• Accompanying a Canadian citizen spouse, common-law partner or parent (for dependent children) outside Canada.

• Being employed full-time outside Canada by a qualifying Canadian business or the Canadian public service.

• Accompanying a permanent resident spouse or parent who is employed abroad by a qualifying Canadian business or the Canadian public service.

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When Is the Residency Obligation Assessed?

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Your residency obligation may be assessed when you:

• Apply to renew your Permanent Resident Card.

• Apply for a Permanent Resident Travel Document (PRTD).

• Seek entry to Canada.

• Become the subject of an immigration examination.

If you have been a permanent resident for more than five years, IRCC will generally assess the five-year period immediately preceding the date of the assessment.

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What Happens If You Don’t Meet the Requirement?

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Not meeting the residency obligation does not automatically result in the loss of permanent resident status. A person remains a permanent resident until a formal determination has been made or they voluntarily renounce their status.

Depending on the circumstances, permanent residents may have legal options, including humanitarian and compassionate considerations, when responding to a residency obligation determination.

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Frequently Asked Questions

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Can I lose my permanent resident status automatically?

No. Permanent resident status is not lost automatically simply because you have spent too much time outside Canada.

Does time spent outside Canada ever count?

Yes. In certain situations, time spent outside Canada may count toward meeting the residency obligation.

Can I appeal a residency obligation decision?

In some circumstances, a negative residency obligation determination may be appealed to the Immigration Appeal Division.

Should I renew my PR card if I don’t meet the residency obligation?

Because every situation is different, you should obtain professional advice before submitting an application that could trigger a residency assessment.