As a permanent resident of Canada, the residency obligation is a requirement that is related to your physical presence in the country during a prescribed period of time. You will be required to meet the residency obligation in order to maintain your status as a permanent resident.

What is the Permanent Residency Obligation?

The only permanent residency obligation is that you have, is to be physically present in Canada for at least 730 days within a 5 year period. Otherwise, you must be eligible for 1 of these residency obligation exemption conditions:

• You are accompanying your spouse or common-law partner abroad who is a Canadian citizen or
• You are a dependent child accompanying your parent abroad who is a Canadian citizen or
• You are abroad working in a Canadian organization or employed by a Canadian public service agency or a provincial government

What Happens If You Don't Meet the Permanent Residency Obligation?

An immigration official will assess your residency obligation if you apply for:

• a PR card renewal or a
• a temporary travel document for returning permanent residents (also called a Permanent Resident Travel Document or (PRTD) or
• Canadian Citizenship.

If it is determined that you have failed to meet the residency obligation, you will technically still be a permanent resident until a formal decision is made.

If you are present in Canada at the time of the decision, you could be issued a departure order that requires you to leave Canada within a 30 day period.

If you are abroad when the decision is made, then you will receive a formal letter informing you of the decision.

If you are aware that your residency obligation is not met, then you can voluntarily renounce your permanent residence status.

However, you have the right to appeal this decision to the Immigration Appeal Division (IAD). You must file an appeal within 30 days if you are present in the country or 60 days if you are abroad.

You must consider all options before renouncing your permanent residency.

If you plan to stay abroad for an extended period, then it is crucial that you inform the government body of Immigration, Refugees and Citizenship Canada (IRCC).

What is the purpose of residency obligation?

The purpose of setting residency obligation is:

• To set clear, predetermined rules and regulations for complying with the provisions of the Immigration and Refugee Protection Act (IRPA)
• To help immigration officials in reviewing factors related to maintaining residency status to increase accountability and transparency
• To set rules for calculating time period of physical presence in the country for maintaining permanent residence status

How is the residency obligation calculated if I have been a permanent resident for less than 5 years?

If you have been a permanent resident for less than 5 years, then you will be required to demonstrate that you will be able to meet the residency obligation in the following 5 years after becoming a permanent resident.

Are there any requirements for foreign nationals who gained permanent residency through provincial nomination?

If you have gained permanent residency through provincial nomination through a Provincial Nominee Program (PNP), then the Canadian law determines that you must demonstrate an intention to live and work in the province.

If your intention to settle in the province is not supported by your actions, you could be discovered misrepresenting. Misrepresentation is a serious offense and can result in a 5-year ban from Canada.

How can I lose my permanent residence status?

You can lose your status as a permanent resident if:

• You fail to meet your residency obligation
• You voluntarily renounce your permanent residence
• You are issued a removal order
• You become a Canadian citizen

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