As a permanent resident, you enjoy many of the same privileges as Canadian citizens. However, unlike citizens, you must maintain your status by fulfilling specific conditions, such as residency obligations. By doing so, you not only uphold your rights but also contribute to the vibrant and diverse Canadian community.
To maintain your permanent resident status, you need to have been physically present in Canada for at least 24 months within the past five years. This 24-month period does not require continuous presence and is evaluated on a rolling basis, giving you the flexibility to manage your time and commitments.
Furthermore, most days you spend overseas may contribute to the 24 months. If you satisfy one of the following requirements, you can apply some time outside Canada toward your permanent resident status.
- You operate outside of Canada
- You travel with a partner or spouse
- You are a dependent child and travel with your parent
If you operate outside of Canada, you must work full-time for a business in Canada, an institution, or the Canadian national, regional, or territorial authority for the days to count towards your physical availability in Canada.
Travel with a partner or spouse. The partner or spouse must be a Canadian national or permanent resident operating outside Canada full-time for a business in Canada or for the government of Canada.
Suppose you are a dependent child and go on a trip with your guidance or parent. In that case, they must be a national or permanent resident of Canada working outside of Canada full-time for a business in Canada or for the Canadian authority.
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Leaving Canada For More Than 6 Months
You may exit Canada for over six months if you satisfy the above residency conditions. Hence, it is suggested that you wait until you have your permanent resident Card.
Your permanent resident card is your evidence of residency in Canada. It can also be used as a photo ID and is utilized at Ports of Entry to ascertain your status as a permanent resident to enter Canada when returning from overseas.
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If you still need the permanent resident card, apply for a Permanent Residence Travel Document before going to Canada. To apply, you need to fill out the application form, provide the required documents, and pay the application fee. This document is for permanent residents outside of Canada who require evidence of their status so they can come back to Canada. This document is temporary and exists solely to assist permanent residents in Canada who still need to get a permanent resident card or whose card has expired.
What Occurs If You Do Not Satisfy The Residency Conditions
Naturally, the question of whether a permanent resident has satisfied their residency conditions will be brought to Immigration, Refugee, and Citizenship Canada (IRCC) ‘s attention when they present a permanent resident card renewal request or enter Canada via a port of entry.
If it’s determined that you haven’t met the residency conditions, you may be deemed inadmissible and could lose your permanent residence status. However, you have the right to appeal this decision to the Immigration and Refugee Board of Canada’s Immigration Appeal Division. This process, known as a residency duty appeal, allows you to present your case and demonstrate your commitment to Canada.
The rule exempts permanent residents outside Canada for five years for authorized reasons, such as studying abroad, accompanying a Canadian citizen or permanent resident spouse or parent, or working for a Canadian company overseas. You possess three alternatives for success in your appeal.
- Ascertain that you were in Canada for the needed period.
- Ascertain that you possessed an authorized motive for being outside of Canada.
- Demonstrate that there are humanitarian and compassionate motives for your appeal, even if you did not obey your residency responsibilities.
