Residency Obligations
According to Canada’s federal legislation, the Immigration and Refugee Protection Act (IRPA), a permanent resident must comply with the following residency obligations for every 5 year period.
- Must have been physically present in Canada for a minimum of 730 days in that 5 year period, (variations of this criteria may apply to your situation if you were outside of Canada during the 5 year period). The 730 days are cumulative and do not need to be sequential.
- Must be able to demonstrate at an examination that the permanent residency obligation in respect of the 5 year period immediately after they become a PR
- Or if they have been a PR for 5 or more years, the individual has met the residency obligation, immediately before the examination
- A Canadian immigration officer has the authority to make a determination based on humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interest of the child who is directly affected by the officer’s decision
Do I lose my permanent status if I lose my PR Card or if it expires?
No. You do not lose your permanent status if you lose your PR Card or Permanent Resident Travel Document (PRTD), or if your document expires. The only way you lose your permanent resident status is if you go through an official process or if you voluntarily renounce your PR status.
If you become a Canadian citizen, you automatically lose your permanent status, because once you become a citizen, the PR status is no longer required. If you are a Canadian citizen, you are eligible to obtain a Canadian passport, which is your new travel document.
Contact SamLaw with your questions in regards to permanent resident status and let us help you find the best solution for your particular immigration needs.