To maintain permanent resident (PR) status in Canada, it is essential to meet the residency obligation. This requires that, for every 5-year period, you must reside in Canada for at least 730 days. The PR Card (permanent resident card) needs to be renewed every 5 years, and during this renewal process, you must meet this residency requirement, which can be met with any 730 days within the past 5 years—these 730 days do not need to be consecutive.

Even if your PR card has expired, you can still apply for a renewal as long as you’ve stayed in Canada for the required 730 days over the past 5 years. For more detailed information, you can refer to the section on PR Card Renewal.

Recently, many permanent residents are concerned about whether they have fulfilled this residency obligation, especially in light of the COVID-19 pandemic. Let’s dive deeper into this residency requirement.

The Immigration and Refugee Protection Act (IRPA) requires that to keep permanent resident status, individuals must meet the following conditions for at least 730 days during a 5-year period:

1. Physically present in Canada
2. Accompanying a Canadian citizen or permanent resident outside Canada, under the following circumstances:
   • As a spouse
   • As a common-law partner
   • As a minor child accompanying a parent
3. Full-time employment outside of Canada with:
   • A Canadian company
   • The Canadian federal government or a provincial/territorial government
4. If the permanent resident’s spouse, common-law partner, or parent (if a minor) works outside Canada, they may be exempt from the residency requirement.

IRCC will assess whether the residency obligation has been met at the time of PR card renewal application submission.

1. If the applicant has been a permanent resident for more than 5 years:
   • The residency requirement is determined by the last 5 years prior to the PR card renewal application submission.
   • Even if a person has been living outside Canada for a long time, as long as they have spent at least 730 days in Canada in the past 5 years, they will meet the residency requirement.
2. If the applicant has been a permanent resident for less than 5 years:
   • The calculation is based on the date of permanent residency. As long as the individual has spent 730 days in Canada within their first 5 years of residency, they will meet the obligation.

Case Study 1: Permanent Resident for Less Than 5 Years

Situation:

• Applicant became a permanent resident on March 14, 2020, and lived in Edmonton, Alberta.
• On September 30, 2020, the applicant left for Brazil to visit family and returned to Edmonton on January 2, 2022.
• In July 2023, the applicant applied for a PR card replacement due to a lost card.

Residency Days Calculation:

• Period under review: From March 14, 2020, to July 13, 2023.
• The applicant stayed outside Canada for 458 days.
• Since the applicant has been a permanent resident for less than 5 years, there is still a chance to meet the residency obligation in the remaining period.
• The immigration officer will assess whether the applicant can meet the residency requirement.

Case Study 2: Permanent Resident for More Than 5 Years

Residency Days Calculation:

• Period under review: From July 13, 2018, to July 13, 2023.
• The applicant stayed outside Canada for only 31 days.
• The applicant has clearly met the residency obligation, spending 730 days in Canada in the past 5 years.

Case Study 3: Accompanying a Canadian Citizen Abroad

Situation:

• An applicant obtained permanent residency on November 12, 2000.
• From January 1, 2002, the applicant has lived with their spouse in India. The spouse works outside Canada and holds Canadian citizenship.
• The PR card expired, so the applicant applied for a Permanent Resident Travel Document in July 2023 to return to Canada.

Residency Days Calculation:

• Period under review: From July 13, 2018, to July 13, 2023.
• The applicant has been outside Canada for the full 5 years but was accompanying a Canadian citizen spouse.
• The time spent outside Canada is counted as time in Canada for the purposes of the residency obligation.
• As a result, the applicant has met the residency requirement.

H&C considerations are assessed on a case-by-case basis, and applicants are free to provide personal circumstances to justify maintaining their permanent resident status despite not meeting the residency obligation.

• Extent and circumstances of the violation
• Was the applicant outside Canada for more than 3 years in the past 5 years due to illness or a family member’s health issues?
• Could the applicant have made alternative arrangements? Was staying abroad a voluntary decision?
• Was the applicant prevented from returning to Canada? If so, why and by whom?

If you are concerned about whether you meet the residency obligation or whether you can maintain your permanent resident status, please contact us at Visa JP Canada. We have extensive experience with irregular PR card renewal applications and H&C applications, and we’re happy to assist you!