How to Maintain Permanent Resident Status in Canada

When someone has permanent resident status in Canada, they must fulfill their residency obligations in order to maintain their permanent resident status.

How to Maintain Permanent Resident Status in Canada

The main issue permanent residents in Canada have to be worried about when it comes to maintaining their permanent residency status in Canada is that there is a limit on the amount of time they can spend living outside of Canada. Within a five-year time period, a permanent resident must live in Canada for at least two years of this five-year time frame. Maintain Permanent Resident Status

Permanent residents must be able to prove that they have been physically present in Canada for two years (730 days) within the last five years if they have been a permanent resident for more than five years. If they have been a permanent resident in Canada for less than five years, they have to prove they’ve lived in Canada for five years at the end of their first five years.

Exception to the residency obligation

There are certain exceptions when a permanent resident can be outside of Canada and still have that time count as a part of their two years in Canada.

These include accompanying a Canadian citizen outside of Canada if that person is a parent or spouse, if they are working outside of Canada for a Canadian company, or they are accompanying a permanent resident outside of Canada who is a spouse or parent and that person is employed by a Canadian business.

Losing Permanent Resident Status in Canada

Permanent residents in Canada who do not meet these residency obligations can lose their permanent resident status and be deported from Canada. However, you may also have the option of appealing on humanitarian and compassionate grounds.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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