Will These Days Count For My Permanent Residency Status

The permanent resident status obligation in Canada requires permanent residents of Canada to prove that they are spending a certain amount of time living in Canada to keep their permanent residence. However, there are some days that do not have to be physically spent in Canada in order to count towards your permanent residency obligation. 

Proving your permanent residency days may be asked of you at any time, such as when you renew your permanent resident card or when you return from traveling outside of Canada. If you are unable to demonstrate to immigration officials that you have met the residency days, you could lose your permanent resident status in Canada.

Days that count towards your residency obligation

Some of the days that are spent outside of Canada can be counted towards the required 730 resident days for each five year period. The government has very strict requirements for these residency days, and the requirements include:

If you are a permanent resident spending time outside of Canada while working for a Canadian company or for the public service of Canada these days can count towards your residency obligation.

If you are a permanent resident and are spending time outside of Canada because you are with your spouse who is also a permanent resident and they are working for a Canadian company or for the public service of Canada, these days may count.

3. If you are a permanent resident who must spend time outside of Canada because you are with your spouse, who is a Canadian citizen, these days can count towards your permanent residency obligation.

It’s not always easy to determine which days count towards your permanent residency obligation, but if you suspect you have not been able to meet the residency requirement you should speak with a licensed immigration lawyer as soon as possible. You may be able to ask for an exception on humanitarian and compassionate grounds if you have an important reason why you might not have been able to make the requirement. Keep in mind that it is very difficult to obtain an exception and that if you don’t meet the requirement you could be at risk of losing your status in Canada. We are available to help you make every effort to not lose your permanent resident status in Canada. Please call us using the number at the top of the page for help!

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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