For those fortunate enough to have navigated either economic or non-economic pathways to permanent resident (PR) status in Canada, maintaining that status comes with certain responsibilities. One of the most critical is the residency obligation under Section 28 of the Immigration and Refugee Protection Act (IRPA). This requirement ensures PRs maintain a meaningful connection to Canada, but its flexibility—and complexity—can catch some off guard.
The Basics: 730 Days in Five Years
At its core, the residency obligation mandates that PRs be physically present in Canada for at least 730 days (two years) within every five-year period. This isn’t a static window tied to your PR card’s validity—your card, expiring typically after five years, is just a travel document, not a status marker. Instead, the obligation operates on a “rolling” basis. For PRs of less than five years, the focus is on whether you can meet 730 days by the end of your first five years from landing. For those past five years, it’s about whether you have met it in the five years immediately before an examination—like at a port of entry or during a PR card renewal.
The math is generous -well certainly more generous than the pre-IRPA requirements of 6 months in a year; the 730 days can be broken up over time and any part of a day in Canada counts as a full day. But falling short can jeopardize your status, and assessments can happen unexpectedly.
Flexibility Through Exceptions
Physical presence isn’t the only way to comply. Section 28(2)(a) offers exceptions for time spent abroad under specific conditions:
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Accompanying a Canadian Citizen: If you’re outside Canada with your Canadian citizen spouse, common-law partner, or (if a child under 22) parent, those days count. No purpose or duration limit applies—just ordinary residence together.
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Working for a Canadian Business: Full-time employment abroad by a Canadian business or public service can count, but the bar is high. The business must be incorporated in Canada (or meet strict ownership criteria) and maintain ongoing operations here—not just a shell company. Your role must be a temporary assignment from a Canadian base, with a job to return to. Cases like Durve show how strictly this is applied: a consultant abroad with a dormant Canadian office didn’t qualify.
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Accompanying a PR Employed Abroad: If your PR spouse or parent works abroad for a qualifying Canadian entity, your time with them counts. The same stringent business and assignment rules apply.
These exceptions offer flexibility, but they’re not loopholes—each is scrutinized to prevent abuse.
Timing and Assessments
The “rolling” nature of the obligation is key. For a PR of three years assessed today, April 4, 2025, the question is: can they hit 730 days by their five-year mark? If they’ve been abroad most of that time, they’d need to stay in Canada almost continuously until then—a tall order. After five years, the lens shifts to the prior five years only. This can work for or against you: past breaches beyond five years are irrelevant, but recent shortfalls can’t be offset by earlier residency.
Assessments occur at key moments: entering Canada, renewing a PR card, or applying for a travel document. Evidence like employment records, tax assessments, or rental agreements may be requested to prove compliance. Even provincial health records or credit card statements might come into play.
Humanitarian and Compassionate Relief
What if you can’t meet the 730 days? Section 28(2)(c) offers a lifeline: humanitarian and compassionate (H&C) considerations. If compelling reasons—like family ties or a child’s best interests—justify retaining your status, an officer might overlook a breach. This isn’t a free pass; it’s discretionary and requires strong evidence. An appeal to the Immigration Appeal Division (IAD) is possible if denied.
Common Misconceptions
Many assume the PR card’s five-year validity aligns with the obligation. It doesn’t—status hinges on the count from landing.
Practical Tips
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Track Your Days: Keep meticulous records of time in Canada or under exceptions. A few extra days as a buffer can avoid disputes.
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Plan Ahead: Before leaving Canada long-term, ensure your most recent five years show 730 days if an assessment looms.
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Seek Exceptions Carefully: The business exemption is narrow—consult experts before banking on it.
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Prepare for H&C: If short, document ties like family integration or hardship to bolster a case.
Final Thoughts
Canada’s residency obligation balances flexibility with accountability. You can spend well over half your time abroad and still comply, and there are helpful exceptions . But missteps—like over-relying on unclear exemptions or misjudging the rolling period—can risk your status. For PRs juggling life across borders, understanding Section 28 is essential to maintain your Canadian future.
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