May 12, 2025

Permanent Residents’ Residency Obligation: What You Need to Know

Core Requirement: 730 Days in 5 Years

  • Permanent residents must be physically present in Canada for at least 730 days out of the most recent five years (rolling basis).
  • If you’ve had PR status for less than five years, you must show that you will be able to meet the 730-day requirement within that initial five-year period.

How It’s Calculated

First Five Years as a PR

  • CBSA assesses whether it’s mathematically possible for you to reach 730 days in those five years. Even if you’re short temporarily, you’re compliant if your exit plan would make reaching the threshold feasible.

After Five Years

  • Officers look at the last five years on a rolling basis at each entry or during PR card or PRTD applications. You must have total 730 eligible days during that period.

What Counts as Canadian Presence

Time outside Canada may still count towards the 730 days if:

  • You were accompanying a Canadian citizen spouse or parent abroad.
  • You were employed full-time by a Canadian business or government overseas.
  • You were accompanying a PR spouse or parent employed full-time overseas by a Canadian employer.

What Happens If You Don’t Meet It

  • Your PR status doesn’t automatically expire when your PR card expires. But:
    • On re-entry, CBSA can initiate a status review or revocation process.
    • Renewing your PR card or applying for a Permanent Resident Travel Document (PRTD) also triggers a formal status check.
  • If status is found non-compliant, IRCC may initiate revocation procedures and issue a removal order, which may result in an appeal to the Immigration Appeal Division (IAD).

Appeal and Exceptions

You can appeal the residency obligation decision if you filed abroad for a travel document. To win, you must show:

  1. You did meet 730 days,
  2. You had an allowable reason (e.g. accompanying a Canadian citizen spouse or working for a Canadian employer outside Canada),
  3. Or there are compelling Humanitarian & Compassionate (H&C) reasons to keep your status.

Common Scenarios & Practical Tips

ScenarioWhat Counts Toward 730 DaysAdvice
Less than 5 years as PRMust be able to mathematically reach 730 daysKeep entry/exit records; plan trips thoughtfully
More than 5 years as PRRolling 5-year window calculates your days abroadTrack travel and activity consistently
Living abroad with Canadian spouseDays abroad count as time in CanadaKeep proof: marriage, tickets, housing, communication
Working for Canadian employer overseasDays abroad can count tooObtain employer letter and pay records
Card expired while abroadCan still travel using a valid PRTDApply well before travel; collect supporting documents
Facing status review or removalDocument all time in Canada / eligible exceptionsPresent evidence proactively; consider appeal

Summary & Action Items

  1. Track your days in Canada and eligible exempted days abroad.
  2. Keep evidence: travel history, employment letters, proof of living with Canadian spouse, etc.
  3. IRCC only revokes PR status after a formal process—you remain PR until then.
  4. Failing obligation during an overseas PRTD request may trigger a hearing or appeal.
  5. Consider H&C grounds if compliance seems unlikely or there are exceptional circumstances.

Next Steps

  • Want help calculating your days or preparing supporting documents?
  • Facing PR card renewal or planning a trip abroad?
  • Need guidance on filing a residency obligation appeal?

I can help you plan, calculate eligible days, and support your case. Let me know what you’re working through!

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