Residency obligation (permanent residence)
Statutory definition
Section 28 of the IRPA requires a permanent resident to be physically present in Canada for at least 730 days (not necessarily consecutive) in every 5-year period. Time abroad counts toward the 730 days if spent: accompanying a Canadian citizen spouse/parent; on assignment abroad for a Canadian business; or accompanying a PR who is on assignment for a Canadian business. Section 29 provides that a failure to comply with the residency obligation does not automatically terminate PR status — it only becomes relevant at a proceeding or at a port of entry.
Explanation
The residency obligation applies on a rolling 5-year basis. Permanent residents who have lived outside Canada for extended periods may face a residency obligation finding at a port of entry or in a PR card renewal. A PR who does not meet the obligation can be referred to an inadmissibility hearing before the Immigration Division. If found to be in breach, a removal order is issued — but appeals to the IAD may succeed on humanitarian and compassionate grounds, particularly where the PR has strong ties to Canada and a compelling reason for their extended absence.