The residency obligation for permanent residents is outlined in Immigration and Refugee Protection Act s.28. A permanent resident has the obligation under the Immigration and Refugee Protection Act to physically present in Canada for 730 days in each preceding period of five years.
In certain cases, the permanent resident’s stay outside Canada may be counted towards the residency obligation. Some of those circumstances are following:
- Accompanying a Canadian citizen spouse/common-law partner, or
- As a child accompanying a Permanent Resident or Canadian Citizen parent, or
- By employment on a full-time basis with a Canadian business or the Public Service of Canada or of a province, or
- By accompanying a Canadian Permanent Resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada , as the employee’s spouse/common-law partner or child.
Please note that the residency days calculation for a person who has been a Canadian Permanent Resident for five years, or more than 5 years are limited to the 5 years immediately preceding the examination. Persons who have been Canadian Permanent Residents for less than five years have to demonstrate that they will be able to meet the residency requirement during the 5 years period immediately following their becoming a Canadian Permanent Resident.