Home » After You Arrive…

Residency Obligations for Permanent Residents

Permanent residence status gives a non-Canadian the right to live in Canada. You must meet certain residency obligations to maintain your status as a permanent resident.

Rights and Entitlements

As a permanent resident, you have a right to enter Canada. You also have most of the rights that Canadian citizens have under the Canadian Charter of Rights and Freedoms. You cannot, however, run for political office or vote until after you have been granted Canadian citizenship.

Find out more information on the Permanent Resident Card.

You can apply for Canadian citizenship after three years of residence in Canada. Find out more about how to become a Canadian citizen.

Permanent Residency Obligations

Here is what you must do to comply with your residency obligations.

You must accumulate two years of physical presence in Canada in every five-year period. You can also count Canadian residency days if you are outside Canada for an extended period of time for one of the following reasons:

• You are accompanying your Canadian-citizen spouse or common-law partner.
• You are a child accompanying a Canadian-citizen parent.
• You are employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.
• You are accompanying your permanent resident spouse or common-law partner who is also outside Canada and who is employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.
• You are a child accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.

Please note that you are complying with your residency obligations only if:

• your accompanying permanent-resident spouse, common-law partner or parent is complying with their residency obligations; and
• you ordinarily reside with your accompanying Canadian-citizen or permanent-resident spouse, common-law partner or parent.

A child is someone under the age of 22 who has never been married or in a common-law relationship.

Returning Resident Permit
If you became a permanent resident of Canada before June 28, 2002 you may still be the holder of a Returning Resident Permit issued to you under the previous legislation.

Under the transitional provisions, if you are a permanent resident who is in possession of a Returning Resident Permit, you will be able to count time spent outside Canada towards satisfying your residency obligations. The time period covered by the Returning Resident Permit must apply to the period being examined.

Failure to Comply with Residency Obligations

You may lose your permanent resident status if you fail to comply with your residency obligations.

It is up to you to provide all required information and to provide evidence of your compliance with these obligations.

Examinations and Appeals

If you have not been able to comply with your residency obligations, officers can take humanitarian and compassionate concerns into account when making residency determinations. Officers will consider the best interests of a child directly affected by the decision.

If you have been a permanent resident for more than five years, the assessment of your residency obligations will be limited to the five years immediately before your examination.

You may appeal determinations of non-compliance with your residency obligations to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board.

In Canada
When a permanent resident fails to meet their residency obligations, officers may issue a departure order that requires that person to leave Canada. The decision to issue a departure order may be appealed to the IAD within 30 days of receiving the notification.

Permanent residency status will be lost if the decision is not appealed.

Abroad
When a permanent resident does not meet their residency obligations while abroad, officers may inform that person in writing that they have failed to meet their residency obligations. Information on appeal procedures will be provided at the same time.

Permanent residency status will be lost if an appeal of the determination is not received by the IAD within 60 days of receiving the written non-compliance notification.

For More Information

If you still have questions about your obligations as a permanent resident please contact the Call Centre.