Residency obligations to Canada –Keep your PR status intact

Once the status of permanent residency has been granted to an individual in Canada, there are a few obligations and requirements that they must conform to, for every five-year span. These obligations have been established by IRPA or The Immigration and Refugee Protection Act and must be followed, in order to retain the PR (Permanent Residency) status in Canada.

The most important of all obligations is the physical presence in the country for a minimum of 730 days in the past five years. However, this need not necessarily be consecutive days and can also be a cumulative stay period in Canada.

Inability to meet the Canada residency obligations would automatically nullify your PR status, irrespective of the fact that immigration authorities knows about it or not. Your Canada PR status may get revoked and you may also be deported from the country, in case it is found that you have entered Canada illegally. Also, deportation and revocation of your status may also take place even when you have got your Canadian Citizenship, if you have fraudulently gained an entry into Canada after having lost your PR status or by lying to the immigration officer at the airport for the time period you had been outside Canada.

Exceptions to oblations laid down for permanent residency in Canada

However, there are a few exceptions to the obligation for this 730 days period that a Canada immigrant must spend in the country, for every five years, in order to retain their PR status. Given below are some conditions, when you may stay outside Canada but get yourself counted to be staying in the country only and retain your PR status without any hassles:

  • After you have landed officially in Canada, any time spent by you with your Canadian citizen spouse outside Canada is taken as the time you have been living within Canada to meet your obligations for permanent residency in Canada.
  • However, this time period spent by you with your Canadian spouse outside the country will not make you eligible for Canadian citizenship.
  • Anyone below 22 years of age with a PR status, who is living outside Canada with their parent, who is a Canadian citizen can also be considered to be living within Canada so as to fulfill obligation for the PR residency.
  • Anyone with PR status, who is working outside Canada for Canadian government or a Canadian company can also get their duration out of the country be taken into account, while trying to meet PR obligations. But this doesn’t include people who are hired outside
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  • A valid RRP or Returning Residency Permit also makes you eligible to have your time period spent outside the country be taken as equivalent to the time spent in Canada, so as to fulfill obligations to meet PR residency.
  • In some very rare cases, residency can be retained on compassionate or residency ground.

Official landing in Canada

The tickling of the clock to count your duration in Canada for permanent residence starts from the day when you “officially land” in the country. Many times, people who have the intentions to relocate to Canada, pay a small visit before they immigrate here on a permanent basis. So, official landing means that the immigrant sell off their house and other possessions in their home country, provide a resignation from their last job in their previous country and then land to Canada. Hence, make sure that you inform the concerned Canadian authorities and provide enough evidence of your official landing in the country.

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One comment

  • roger

    my friend will not meet his PR obligation because he will be lacking 60 days from 730 days ( he will only accumulate 670 days in canada).
    Now, He went back to India to marry someone and just came back 2 months ago to continue his obligation here.
    He is thinking of sponsoring his wife so that when he lost his status, his wife can sponsor him back.
    He is asking me for help and I am thinking of recommending your office for proper guidance.

    Sincerely ,

    Roger

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