Residency Issues

A permanent resident can lose their status by failing to comply with their residency obligations. Generally, a permanent resident must physically reside in Canada for 730 days within every five year period that they are a permanent resident.  There are some exceptions to this, including when:

  • A person is outside Canada while accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent;
  • Outside of Canada while employed on a full-time basis by a Canadian business;
  • Outside Canada while accompanying a permanent resident who is their spouse or common-law partner, or their parent, when that person is employed by a Canadian business; or
  • There are sufficient humanitarian & compassionate grounds to warrant maintaining permanent resident status.

In today’s increasingly globalized environment requiring international travel, many people are finding themselves told that they have failed to meet the residency requirement. The consequence is that years of effort, and thousands of dollars, to become a Canadian may be wasted.

Our office has extensive experience in dealing with this increasingly prevalent issue. If you face losing your permanent resident status, or unable to become a citizen, you should seek legal counsel.

The Citizenship and Immigration Canada Manual on loss of permanent resident status can be found here: http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

Please e-mail steven.meurrens@larlee.com or call 1-604-681-9887 if you need assistance with a residency appeal.