I am a Canadian permanent resident, how long do I need to stay in Canada?

As a permanent resident, you enjoy many benefits similar to those of Canadian citizens. However, unlike citizens, you must maintain your status by fulfilling certain requirements, such as the residency obligation.

To retain your permanent resident status, you must have been physically present in Canada for at least 730 days (2 years) within the past five years. This period of 730 days does not need to be continuous and will be assessed on a rolling basis.

Moreover, some of the days spent abroad may contribute to the 730 days requirement. You may apply some of your time spent outside Canada towards your permanent resident status if you meet one of the following conditions:

• You work outside Canada.
• You travel with a spouse or common-law partner who is a Canadian citizen or a permanent resident working outside Canada full-time for a Canadian business or the Canadian government.
• You are a dependent child and travel with your parent who is a Canadian citizen or a permanent resident working outside Canada full-time for a Canadian business or the Canadian government.

If you work outside Canada, you must work full-time for a Canadian business or organization or the Canadian federal, provincial, or territorial government for those days to count towards your physical presence in Canada.

Regarding extended absences from Canada, you may leave for more than 6 months as long as you meet the residency requirements outlined above. However, it is advisable to wait until you have obtained your Permanent Resident (PR) Card.

The PR Card serves as proof of your residency in Canada and can function as a photo ID. It is necessary for re-entry into Canada from abroad.

If you lack a PR card, you must apply for a Permanent Residence Travel Document before re-entering Canada. This document is for permanent residents outside Canada who require proof of their status for return. It is temporary and primarily assists Canadian permanent residents without a valid PR Card or whose PR Card has expired.

Failure to fulfill the residency requirements may result in the loss of permanent resident status. Typically, this issue arises during PR Card renewal applications or when entering Canada through a port of entry.

If an IRCC officer determines that you have not met the requirement, you may be deemed inadmissible and could lose your permanent resident status. You can generally appeal this decision to the Immigration and Refugee Board of Canada’s Immigration Appeal Division, known as a residency obligation appeal.

The law provides exceptions for permanent residents who were outside Canada for allowable reasons during a five-year period. To succeed in your appeal, you have three options:

• Demonstrate that you were in Canada for the required time.
• Establish that you had an "allowable reason" for being outside Canada.
• Present humanitarian and compassionate reasons for your appeal, even if you did not fulfill your residency obligation.