As a permanent resident of Canada, you have certain residency obligations that you must fulfill to maintain your status. These obligations are important to ensure that you continue to enjoy the benefits and rights associated with being a permanent resident. In this guide, we will explain the residency obligations in detail.
To maintain your permanent resident status in Canada, you must meet the following residency obligations:
- Physical Presence: You must be physically present in Canada for at least 730 days (2 years) within a 5-year period. This period is calculated from the day you became a permanent resident.
- Time Spent Abroad: While you can travel outside Canada, you must not exceed a total of 1095 days (3 years) within a 5-year period. If you exceed this limit, you may risk losing your permanent resident status.
- Accompanying Family Members: If you have accompanying family members, they must also meet the residency obligations. This means that they must be physically present in Canada with you for the required period.
- Maintaining Ties to Canada: You must maintain significant ties to Canada, such as having a home, a job, or social connections. These ties demonstrate your intention to live in Canada as a permanent resident.
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If you have been a permanent resident for less than five (5) years
You must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.
There are certain exceptions and considerations to the residency obligations:
- Protected Persons: If you are a protected person under the Immigration and Refugee Protection Act, you have different residency obligations. It is important to consult with an immigration professional to understand your specific obligations.
- Canadian Armed Forces: If you are a member of the Canadian Armed Forces, your time spent abroad on official duties will not count towards the 1095-day limit.
- Humanitarian and Compassionate Considerations: In exceptional circumstances, such as serious illness or family emergencies, you may be eligible for humanitarian and compassionate considerations. These situations will be assessed on a case-by-case basis.
Failure to meet the residency obligations may result in the loss of your permanent resident status. If you are found to have not met the obligations, you may be subject to an examination by an immigration officer. They will assess your ties to Canada and determine whether you have abandoned your permanent resident status.
Understanding and fulfilling your residency obligations as a permanent resident of Canada is crucial to maintaining your status. By being physically present in Canada, managing your time spent abroad, and maintaining ties to the country, you can continue to enjoy the benefits of being a permanent resident. If you have any questions or concerns, it is recommended to seek advice from an immigration professional.
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Canada does not remove one's PR status on itself. A decision is made when you apply for a PRTD or PR Card renewal. The officer then decides if you still meet the residency obligations and meet the requirements. If the decision is negative then the IRCC will notify you if you have lost your PR status.