Did you know that in Canada permanent residency can be lost? Yes, it can. There is a legal obligation that thousands of permanent residents forget when traveling outside the country. It is known as the Residency Clause and is detailed in Section 28 of the IRPA. If you are not sure that you meet all the requirements to maintain your immigration status in Canada, it is important to know how the time you must spend in the country is calculated to avoid revocation of your status.

In this blog, I will explain in a clear way what the Residence Clause consists of. In addition, you will learn how to calculate the minimum time of physical presence(730/5) and how certain technical exceptions can save your status. 

Read with me to the end and let's analyze the consequences of not complying with this law. Let's begin.

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Residency obligation: the basic requirement

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The Residency Clause is a legal commitment. Every permanent resident(PR) must comply with it in order to maintain their status and be able to renew their PR Card.

Section 28 of Canada's Immigration and Refugee Protection Act (IRPA) requires a permanent resident to demonstrate that he or she has been physically present in Canada for a minimum of 730 days (two years) within the five-year period immediately preceding the time his or her obligation is assessed.

This requirement is necessary each time you apply to renew your PR Card or enter Canada.

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How to calculate the 730/5

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The calculation is a "rolling period". It is not a fixed year (e.g., 2025 to 2030), but counts backward five years from the exact date of the review.

Here I share the 730/5 formula:

You must have accumulated at least 730 days of physical presence in the Canadian territory, adding the days within the 5 years prior to your examination.

If your days in Canada fall below 730, you will be in breach of the obligation, unless you are exempt.

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Reflect on this brief survey: Have you or a family member been forced to travel outside of Canada for more than one year in the past five years? 

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• Yes, this is my case
• No, I have always been inside Canada 
• Yes, but I apply to one of the legal exceptions.

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If your answer has left you with any doubt, it is recommended that you consult with an attorney or a CICC-regulated consultant. See complementary video.

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Technical exceptions

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The Act provides three technical exceptions that allow you to count time spent outside Canada as if you had been here. These apply when you are performing a support function for the country:

1. Accompanying a Canadian citizen: time away accompanying a spouse, common-law partner or parent who is a Canadian citizen.
2. Employee of Canadian corporation: time away while employed full-time by a Canadian corporation or the government of Canada (including a province).
3. Accompanying permanent resident: time away accompanying a spouse, domestic partner or parent who is a permanent resident and who is meeting exception 2.

Important: It is essential that your relationship or employment is legitimate and fully documented. These days outside of Canada are considered residency obligation fulfillment days (or "credits") and are added to your total 730 required days.

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Consequences of noncompliance

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Failure to comply with the Residency Clause is a serious matter that can even lead you to lose PR status. Here I share three circumstances that may arise:

• An immigration officer may issue a departure order, which will result in the revocation of your permanent residence.
• If the PR Card expires while the person is outside Canada and breaches 730/5, the Permanent Resident Travel Document (PRTD) will be denied, preventing their return to Canada. However, you have the legal right to appeal the decision to the Immigration Appeal Division(IAD). To do so, you must demonstrate that the decision is wrong or present compassionate and humanitarian grounds strong enough to maintain your status (e.g., family ties, living arrangements).
• Your renewal application may be denied, making it difficult for you to travel internationally.

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Immiland Law Immigration Representation

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At our firm, Immiland Law Professional Corporation, we are here to legally represent immigrants and their families in Canada. We recommend that, when in doubt about the loss of your status, act with prevention. Verify the dates of your immigration documents and do not fail to monitor your days while the process is being completed.

Stay informed about immigration processes from recognized and reliable sources apply the 730/5 formula to maintain your legal status in Canada. 

If you have doubts about your specific calculation or believe that an exception applies, contact us and a CICC regulated consultant will attend your case.

I hope this topic will help you prevent negative consequences to your permanent resident status. Thank you for reading. We look forward to seeing you in the next blog. 

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With love, 

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Immiland Law Professional Corporation