LEGAL

Canada Residency Obligation

Canadian resident status comes with certain obligations as well. Not meeting the laid-down obligations can lead to inadmissibility. A minimum of 730 days (two years) of "Residency Days" in five years is mandatory to maintain Canada's PR status.

We will help you if you are looking for any residency obligation issues that may require the legal support of expert Canadian immigration lawyers. Reach out to ImmiLaw Global today.

Canada Residency Status and Obligations

Obtaining Canada PR requires the applicant to meet the eligibility criteria promulgated by Immigration, Refugees, and Citizenship Canada (IRCC). The resident must abide by Canadian regulations and observe the obligations meticulously. Not obeying the obligations can result in the authority withdrawing the permanent resident status or the expatriate receiving an inadmissibility status.


Any ex-patriate can apply for Canadian PR after three years in the country if he or she meets the other eligibility criteria. Furthermore, the individual can have multiple citizenship and does not need to sacrifice the citizenship he already has. The Canada residency obligation assessment is normally undertaken when the resident is applying for Canada PR renewal, arriving at the Canadian border, submitting an application for a PR travel document, and so on.

The official checking the document will ascertain whether the individual complies with the Canadian residency obligations or not. The residency obligations state that:

  • The resident must have at least 730 residency days within the last 05 years to maintain the Canadian PR.
  • For those who have been a Canadian Permanent Resident for a period of less than five years, the first five years would be considered for confirming the residency obligation.
  • The Canadian residents with residency status for more than 05 years, the 05 years period for assessing the residency obligation is taken backwards from the date of assessment.
  • The 730-day residency period need not be continuous, but it can be spread over a period of 5 years.

You may talk to us if you fail to meet the residency obligations and require support from specialist Canadian immigration lawyers to overcome the issue.

How Can the Canadian Residents Maintain Residency Days to Maintain Canada PR?

The basic and straightforward way to maintain the Canadian residency obligation is to be physically present in Canada for 730 days in the last 5-year period. The days the resident was outside Canada will also be added to any of the following conditions:

  • The days the ex-pat spends in a foreign country will be considered if he or she is accompanying a spouse or a common-law partner who is a Canadian citizen.
  • A child can maintain the PR status when accompanying a parent to a foreign country.
  • Full-time employment abroad with a Canadian enterprise or a public sector department under the Canadian government.

For any legal or administrative support regarding Canadian residency obligations or any other immigration services, call us.

FAQ

Frequently Asked Questions

As per the Canadian residency obligation rules, the resident should have been in Canada for at least 730 days (02 years) in the past five years to maintain the residency status. This need not be continuous but could be in total for the considered 5-year period. In some conditions, the days outside Canada will also be counted.
 

The Canadian government understands that individuals may remain outside Canada for business, study, or professional needs. Hence, there are no limitations regarding how long a resident person can stay outside the country. The only thing the Canadian residency obligation necessitates is that the individual should have been in Canada for at least 730 days in the past five years.
 

The days spent abroad are counted as 730 days when the resident is working for a Canadian company abroad. Hence, there are no issues in this regard. The Canadian resident can be outside Canada as long as s/he wants while working for a Canadian company.
 

Yes, an individual can lose his or her Canadian resident status if he or she fails to meet the residency obligations in Canada. The Canadian resident should have been available in the country for at least 730 days in the last five years to maintain Canada's PR status.
 

Yes, a person with Canadian citizenship can stay in India after completing the necessary formalities. The person will lose Indian citizenship when receiving Canadian citizenship. Hence, he or she will no longer be a citizen of India and will need to go through the documentation accordingly.
 

Have you had a Study Permit refused?

Contact us today to see how we can help you overcome a study permit refusal. Appeal