There are obligations as a permanent resident for you to meet once you receive permanent resident status. Most often, this refers to being physically present in Canada for a minimum of two years (730 days) within a five year period in accordance with section 28(2) of the Immigration and Refugee Protection Act. Shory Law can help you apply for a renewal of your permanent residency card where you have not met your physical residence requirements, as well as help you fight an appeal if you did not meet your permanent residency obligations and are found inadmissible to Canada for breach of this condition.
What Happens if You Do Not Meet the Permanent Residency Obligations?
Ultimately, if you do not meet the permanent residency obligations then your application for renewal of your permanent residence card will be denied. Sometimes, even when you maintain a valid permanent residence card, the border officer at a port of entry could have an issue with a long-term absence outside of Canada and can deem you inadmissible to Canada for having failed to have met your 730 physical presence requirements. However, there are exceptions to the 2-year obligation test. These include:
- Considering time outside of Canada for work purposes by a Canadian employer
- Accompanying a family member outside the country who is a permanent resident of Canada and works for a Canadian employer
- Accompanying a Canadian family member outside of Canada
With these exceptions in mind, there are also scenarios which are not acceptable reasons for not meeting the permanent residency obligations. These include:
- Caring for a sick relative who is not a Canadian citizen
- Working for a foreign employer outside the country
- Incorporating a Canadian company, then leaving Canada to work for that company
Which Documents Will You Need to Prove You Meet the Permanent Residency Obligations?
Immigration Canada will require documents to prove that you live and work in Canada as well as travel information. Some of these documents include:
- Evidence of travel in and out of Canada
- Evidence of employment and/or studies
- Evidence of Current address and address history
- Evidence of Tax information including filed tax records
When applying for your permanent resident card, it is preferable that you are in Canada at the time. After successfully receiving your permanent residency and living in Canada for 3 out of 5 years, you may apply for citizenship.
How Can Shory Law Help?
The legal team at Shory Law is experienced with first-time applications and renewals of resident permits. Our team understands the obligations and can help you gather the proper material to build a strong case towards receiving or renewing your permanent residency.
What is residency obligation?
In Canada, a permanent resident is expected to maintain 730 physical days in Canada in a five (5) year period. This is known as the “residency obligation.”
What are the requirements for permanent residency in Canada?
Among maintaining admissibility to Canada, permanent residents are required to maintain 730 physical days in Canada in a five (5) year period.