Canada’s Residency Requirement for Permanent Residents

The residency requirement seems relatively straightforward –- but in practice, it’s an area that attracts a lot of legal action. When we review the Immigration and Refugee Board of Canada decisions each month, there’s usually more than a few board decisions relating to the residency requirement and people who haven’t met it but want to retain their permanent resident status after it was revoked.  

So, with that said, if you’ve ever wondered what exactly Canada’s residency requirement means, how to keep track, or what happens if you don’t meet it, you’re in the right place. Let’s break down everything you need to know. 

Because we’re immigration nerds, we’ll also dig through a few of the recent decisions to show the real-life impacts of failing to meet the residency requirement.  

Key takeaways:  

• Once you’re a permanent resident, you remain a permanent resident until your status is revoked. This is typically what happens if you fail to meet the residency requirement.  

• If your PR card expires and you don’t renew it BUT you are in Canada during that time, you can apply to renew your card even after it expires. In other words, your Permanent Residence card expiring does not mean your permanent residence expires. 

• There is a high level of litigation at the Immigration and Refugee Board of Canada relating to residency obligation appeals.  

What is Canada’s Residency Requirement for Permanent Residents? 

In simple terms, Canada’s residency requirement means you must spend at least 730 days physically present in Canada within every five-year period. These days don’t have to be consecutive—you can travel in and out of Canada freely—but they need to add up to 730 days over five years. 

When Does the Five-Year Period Start for the Residency Obligation? 

Your first five-year period begins the day you officially become a permanent resident. From that date forward, Canada expects you to accumulate those crucial 730 days.  

But, if you have been a permanent resident for more than five years, then the five-year period is calculated as the five years immediately before you were examined.  

So, if you became a PR in June 2017 but your residency obligation was examined in June 2025, the relevant five-year period would be June 2020 to June 2025. It wouldn’t be 730 days between June 2017-June 2022 and then another 730 days between June 2022-June 2027. 

What Counts as “Residency” Days? 

Your days spent physically in Canada obviously count, and some days spent abroad can count if you meet very specific requirements.  

Here are a few scenarios where days spent outside Canada also count toward the residency requirement: 

• Working outside Canada: If you’re employed full-time by a Canadian company or the Canadian government abroad. 

• Accompanying a spouse or partner: Days spent living or travelling abroad with your spouse or common-law partner IF they are a Canadian citizen, or a spouse who is a permanent resident employed by a Canadian company also count. 

Though, remember, the administrative burden increases the longer you spend outside Canada. Always keep detailed records, like employment letters, pay stubs, or proof of relationship, to show immigration officials if needed.  

If you’re a few days short of meeting your residency obligation and want to travel outside Canada with your Canadian partner, it may just be easier to travel within Canada this one time if you want to be certain your days will ‘count’.  

What if You Don’t Meet the Residency Requirement? 

Missing the 730-day requirement can complicate your PR status—but don’t panic. Canada recognizes that life sometimes throws unexpected challenges your way. 

Applying for PR Card Renewal 

When renewing your PR card, immigration officials will review your time spent in Canada. If you’ve fallen short, they’ll notify you, and you’ll need to explain why. 

Humanitarian and Compassionate Grounds (H&C) 

If exceptional circumstances prevented you from meeting the residency obligation, you might qualify for an exemption based on humanitarian and compassionate (H&C) reasons. Examples of valid reasons include: 

• Serious illness (yours or a family member) 

• Caring for a sick relative 

• Civil unrest or dangerous situations abroad 

You’ll need solid proof to back your claims—think medical reports, hospital letters, or official documents describing the challenging situation. 

While this may sound easy, the bar to proving this is very high.  

Here is one example from January 2025: A 90 year old woman who returned to Pakistan in 2012 to care for her dying son, and then his children (her grandchildren) through to 2017, and her dying husband who passed in 2018. However, she didn’t apply for a PR travel document (since her PR card had expired) until 2022. She claimed it was because of poor health. The Board deemed her reasons for humanitarian relief to be “insufficient to overcome the seriousness of the residency obligation failure”. Read the January 24, 2025 decision. 

What Happens if You Don’t Meet Canada’s Residency Obligation? 

If Canada determines you’ve not fulfilled your residency requirement and you don’t have grounds for appeal (ie. Humanitarian and Compassionate grounds), you may have your status as a permanent residence revoked. This is a formal process completed by IRCC, though you may voluntarily renounce your status as a permanent resident too.  

If IRCC begins to investigate you, you will have the opportunity to respond to their investigation and plead your case for humanitarian and compassionate grounds. If IRCC proceeds with your status revocation, you will need to apply to the Immigration and Refugees Board of Canada to appeal the decision.  

Losing Your PR Status 

Losing PR status means you become a foreign national again. That means losing access to benefits like healthcare, employment opportunities, and the right to live and work in Canada permanently. You may also have to leave the country, and coming back later could become more complicated. 

How to Protect Your PR Status: Tips and Strategies 

Want to avoid stress and secure your PR status? Follow these practical tips: 

Track Your Days Carefully 

Use a calendar, journal, or mobile app to log exactly when you leave and return to Canada. Accurate records will save you headaches later and mean that you’re spending days outside of Canada with eyes wide open about the potential consequences. 

Plan Travel Strategically 

Before planning lengthy trips abroad, check your total days spent outside Canada. Planning ahead helps you avoid falling short by accident.  

Keep Important Documents Handy 

Collect documents proving your presence in Canada or eligibility for exemptions, including: 

• Employment letters and pay slips 

• Airline tickets and passport stamps 

• Lease agreements or utility bills. 

Act Early if You Foresee Issues 

If you anticipate missing the requirement due to exceptional circumstances, reach out to an immigration professional. They can help you apply proactively for humanitarian and compassionate consideration. 

Note that the Immigration and Refugee Board of Canada generally considers that “the greater the shortfall from the required 730 days, the more positive H&C factors the Appellants must present to overcome the size of the residency obligation shortfall”. In other words, you have better chances of having your status as a PR restored if your reasons for missing the residency obligation are compelling and your shortfall of days to meet the obligation are low. For example, missing the residency obligation by five days will be easier to overcome than if you miss it by 500 days.  

What if You’ve Already Lost Your PR Status? 

It’s tough losing PR status, but it doesn’t have to be the end of your Canadian story. You can reapply for permanent residency, but you’ll have to re-qualify through one of Canada’s immigration pathways—just like you did the first time. 

Each new application will undergo careful review, so make sure you clearly explain past circumstances and your commitment to Canada moving forward. 

Final Thoughts 

Canada’s residency obligation may feel daunting, but it’s manageable with some proactive planning and careful tracking. Understand your obligations clearly, keep detailed records, and get professional help if you’re uncertain or run into trouble.