Permanent Residency Obligations

Obtaining Canadian permanent residency is a significant milestone, but it comes with certain responsibilities and obligations that residents must fulfill to maintain their status. Understanding and adhering to these obligations is crucial for a successful and sustainable life in Canada.

Ways You Can Lose Your Permanent Residency:

1. Failure to Meet Residency Obligations:

   • Permanent residents must be physically present in Canada for at least 730 days within a 5-year period. Failure to meet this requirement could lead to the loss of permanent residency.

2. Criminal Convictions:

   • Serious criminal convictions, whether committed in Canada or abroad, may result in the loss of permanent residency.

3. Misrepresentation:

   • Providing false information or misrepresentation in the immigration process can lead to the revocation of permanent residency.

4. Security Reasons:

   • If a permanent resident poses a security threat to Canada, their status may be revoked.

5. Refugee Status Cessation:

   • If a person's refugee status is ceased for reasons such as changes in the home country's conditions, their permanent residency may be affected.

Residency Obligations: 

Canadian permanent residents are required to meet residency obligations to maintain their status. These obligations include physically residing in Canada for at least 730 days (2 years) within the last 5 years. This ensures that permanent residents maintain strong ties to the country. Exceptions include accompanying a Canadian citizen, spouse, common-law partner, parent (in the case of a child), or being employed on a full-time basis by a Canadian business or federal/provincial/territorial public administration outside of Canada.

Travel Abroad: While permanent residents are free to travel outside Canada, extended periods abroad can impact their compliance with residency obligations. Trips lasting more than 730 days within a 5-year period may jeopardize permanent residency status.

Completing the PR Card Renewal: Permanent residents are issued a Permanent Resident (PR) card upon approval. This card serves as proof of status and is essential for re-entry to Canada. PR cards are valid for 5 years, and residents must renew them to ensure continuous documentation of their permanent residency.

Maintaining Ties to Canada: In addition to physical presence, maintaining ties to Canada is crucial. This includes having a home, employment, or other significant connections in the country. Establishing and preserving these ties demonstrates a genuine commitment to Canadian residency.

Exceptional Circumstances: In some cases, individuals may face circumstances preventing them from meeting residency obligations, such as employment abroad, family situations, or humanitarian reasons. Permanent residents can apply for a Travel Document to return to Canada without losing their status.

Consequences of Non-Compliance: Failure to meet residency obligations may result in the loss of permanent residency status. If a permanent resident remains outside Canada for an extended period without meeting the residency requirements, they may be deemed inadmissible and subject to removal proceedings.

Why you need an Immigration Lawyer from AKM Law

Canadian permanent residency comes with rights and responsibilities. Meeting residency obligations is crucial to enjoying the benefits of permanent residency in Canada. From ensuring regular stays in the country to renewing PR cards and maintaining ties, residents play an active role in upholding their status. Seeking legal advice can be instrumental in overcoming challenges and ensuring a smooth journey toward Canadian permanent residency.