As a permanent resident of Canada, you must meet specific residency obligations to maintain your status. Understanding these requirements is essential to protect your permanent resident rights and benefits.
Basic Residency Requirement
To maintain permanent resident status, you must be physically present in Canada for at least 730 days within every 5-year period. This is often referred to as the "2 out of 5 years" rule.
How the 5-Year Period is Calculated
The 5-year period is a rolling period, meaning it is calculated backwards from the date your residency obligation is examined. This examination typically occurs when you:
Apply for a Permanent Resident Card renewal
Apply for a Permanent Resident Travel Document (PRTD)
Return to Canada and are examined at a port of entry
If You Have Been a PR for Less Than 5 Years
If you became a permanent resident less than five years ago, you must demonstrate that you will meet the minimum 730 days of physical presence in Canada within five years of the date you became a permanent resident.
For example, if you became a permanent resident on January 1, 2023, you must show you will accumulate at least 730 days of physical presence by January 1, 2028.
Days That Count Toward Residency
Physical Presence in Canada
Each day you are physically present in Canada counts as one full day toward your residency obligation.
Days Outside Canada That Count
Certain days spent outside Canada may count toward your 730-day requirement:
Accompanying a Canadian citizen spouse or common-law partner
Each day you accompany your Canadian citizen spouse or common-law partner outside Canada counts as a day of physical presence in Canada
You must be in a genuine relationship
Working for a Canadian business or government
Days spent outside Canada working full-time for a Canadian business or the Canadian government count toward residency
The business must meet specific criteria as a qualifying Canadian business
You must be assigned to work outside Canada on a full-time basis
Accompanying a permanent resident spouse outside Canada
If your permanent resident spouse is working abroad for a qualifying Canadian business or the Canadian government, days you spend accompanying them count toward your obligation
Maintaining Ties to Canada
Beyond physical presence, maintaining ties to Canada demonstrates your intention to live in Canada as a permanent resident. These ties include:
Owning or renting a home in Canada
Maintaining employment or business connections
Having bank accounts and credit cards in Canada
Keeping a valid driver's license
Maintaining family and social connections
Filing Canadian income taxes
While these ties alone do not fulfill residency obligations, they support your case if your physical presence is close to the minimum requirement.
Special Circumstances and Exceptions
Protected Persons
If you obtained permanent residence as a protected person under the Immigration and Refugee Protection Act, different rules may apply. Consult with an immigration professional to understand your specific obligations.
Canadian Armed Forces
If you are a member of the Canadian Armed Forces, time spent abroad on official duties does not count against your residency requirement. Each day of service counts as physical presence in Canada.
Humanitarian and Compassionate Considerations
In exceptional circumstances, you may request consideration based on humanitarian and compassionate grounds. Examples include:
Serious illness preventing return to Canada
Family emergencies requiring extended absence
Other compelling circumstances beyond your control
Each case is assessed individually. You must provide detailed evidence supporting your circumstances.
Consequences of Not Meeting Residency Obligations
Loss of Permanent Resident Status
If an immigration officer determines you have not met your residency obligations, you may lose your permanent resident status. This typically occurs during:
PR card renewal applications
PRTD applications
Port of entry examinations when returning to Canada
The Examination Process
During an examination, the officer will:
Review your physical presence in Canada
Assess your ties to Canada
Consider any humanitarian and compassionate factors
Determine whether you have maintained or abandoned your permanent resident status
Right to Appeal
If an officer determines you have lost your permanent resident status, you will receive written notice. You have the right to appeal this decision to the Immigration Appeal Division within 60 days of receiving the decision.
Maintaining Your Status
Best Practices
Track your travel
Keep detailed records of all entries to and exits from Canada
Save boarding passes, passport stamps, and travel itineraries
Use the CBSA travel history or your passport stamps to verify dates
Plan your absences carefully
Calculate your accumulated days before planning extended trips
Ensure you maintain more than the minimum 730 days when possible
Return to Canada with sufficient time before your PR card expires
Keep supporting documents
Employment letters if working abroad for a Canadian employer
Proof of relationship if accompanying a Canadian citizen spouse
Medical records if unable to return due to health issues
Evidence of ties to Canada (leases, bills, tax returns)
Renew your PR card on time
Apply for PR card renewal at least 6 months before expiry
Ensure you meet residency obligations before applying
Keep your address updated with IRCC
When Traveling
If you need to travel outside Canada and may not meet residency obligations upon return, consider:
Consulting an immigration professional before leaving
Documenting circumstances that may support humanitarian and compassionate considerations
Understanding that you may need to apply for a PRTD from abroad if your PR card expires while outside Canada
Important Reminders
Status is not automatically lost
Your permanent resident status remains valid until an officer makes a formal determination that you have not met residency obligations
Each examination is independent
Previous successful renewals or entries do not guarantee future approvals
You must meet residency obligations at each examination
Seek professional advice
If you are close to not meeting your obligations, consult an immigration professional before applying for renewal or traveling
Early intervention may help you explore options to maintain status
Document everything
Keep comprehensive records of your time in and outside Canada
Maintain evidence of all exceptions that may apply to you
Save documents that demonstrate your ties to Canada
Understanding and meeting your residency obligations is essential to maintaining your permanent resident status in Canada. By carefully tracking your physical presence, planning your travel, and maintaining strong ties to Canada, you can ensure you continue to enjoy the rights and benefits of permanent residence.