Permanent Residents Returning to Canada After an Extended Absence

The COVID pandemic has meant that many people have returned to their home countries to weather out the COVID storm with their families. As individuals gear up to head back to Canada as the world opens back up, it is essential that those individuals keep their residency obligations at top of mind.

What is the residency obligation?

Canadian permanent residents must be physically in Canada for at least 730 of the last 5 years.

Someone who has received their PR Status less than 5 years prior, must demonstrate that they will be able to meet the residential obligation within the 5 year period after becoming a permanent resident.

It is important to note that having a valid permanent resident card DOES NOT mean that the residency obligation has been met. The 5-year window is a moving target with the date of examination being the date by which the residency obligation must be met.

When will the residency obligation be assessed?

The residency obligation can and will be assessed at any time, including every entry into Canada, PR card renewal application, PR travel document applications, etc.

What are some exceptions for not meeting the residency obligation?

Some exceptions for not meeting the residency obligation include travelling with a Canadian citizen spouse, working for a Canadian business abroad or travelling with a Canadian permanent resident spouse who is working for a Canadian business abroad.

What options are available for those who have not met the residency obligation?

For individuals who are outside of Canada who know that they haven’t met or are concerned that they haven’t met the residency obligation, there may be options available to remedy the situation.

If you find you may not meet the residency obligation, please reach out for an evaluation of your circumstances.