Understanding Canada’s Permanent Resident Residency Obligation: A Guide for Newcomers

For people who gained permanent resident status in Canada through work or other means, you must follow rules to keep it. A key rule comes from Section 28 of the Immigration and Refugee Protection Act. This rule keeps your link to Canada strong. It offers some give, but the details can surprise you.

The Core Rule: 730 Days Over Five Years

You need to spend at least 730 days in Canada during any five-year stretch. That equals two years. Your PR card lasts five years and helps with travel, but it does not track your status. The rule uses a rolling five-year window. If you have held PR status for less than five years, check if you can reach 730 days by the end of that time. For longer-term PRs, look at the last five years before any check, such as at the border or when renewing your card.

The count is fair. It beats the old rule of six months per year. You can split the days. Any part of a day in Canada counts fully. Fail this, and you risk losing status. Checks can happen without warning.

Ways to “Bend” the Rule

You do not always need to stay in Canada. Section 28(2)(a) lists ways time abroad counts.

With a Canadian Citizen: Days outside Canada with your citizen spouse, partner, or parent (if you are under 22) add up. No limits on why or how long. You just need to live together normally.

On a Canadian Job: Full-time work abroad for a Canadian firm or government can count. Rules are strict. The firm must operate in Canada, not just exist on paper. Your job must start in Canada and end there after a set time. The Durve case shows this: a consultant abroad lost because his Canadian office sat empty.

With a PR on a Job Abroad: If your PR spouse or parent works for a qualifying Canadian firm abroad, your time with them counts. Same tough rules apply.

These options help, but officials check them hard to stop cheats.

How Timing Works

The rolling window matters a lot. Say you have three years as a PR on April 4, 2025. Can you hit 730 days by year five? If you stayed abroad most of the time so far, you must remain in Canada almost nonstop now. After five years, only the last five count. Old slips beyond that do not hurt you. But new ones cannot use past time to fix them.

Checks happen when you enter Canada, renew your card, or even when you sponsor a spouse or common-law partner. Bring proof of residency and time in Canada like job letters, tax forms, or leases. Health cards or bank statements can help too.

Help for Hard Cases

Short on days? Section 28(2)(c) allows relief for humanitarian reasons. Strong ties, like family needs or a child’s welfare, might let you keep status. Officers decide this. You need solid proof. If they say no, appeal to the Immigration Appeal Division.

Wrong Ideas People Have

Many think the PR card’s five years matches the rule. No. It starts from your landing date.

The first 5 year period is different; you will have to be able to show that you will meet the 730 day requirement in that initial period.

Smart Steps

Log Your Time: Record days in Canada or under options. Add extra days to play safe.

Think Ahead: Before a long trip out, make sure your last five years show 730 days if a check comes.

Use Options Wisely: Job rules are tight.

Talk to pros first.

Build a Case: If low on days, gather facts on your links and any pain from loss.

In the End

Canada’s rule mixes ease with duty. You can live abroad more than half the time and still pass. Options exist. But errors, like weak job claims or bad timing, threaten your status. PRs who split time between countries must grasp Section 28 to secure their place in Canada.