In today’s increasingly globalized environment, permanent residents of Canada often have to travel in order to generate income, and live life to its full potential.
A person can lose permanent resident status by failing to fulfill residency obligations. The residency requirement means that a permanent resident must physically reside in Canada for 730 days out of every five years.
There are, however, important exceptions to this rule. Time outside Canada may be counted as equivalent to days in Canada, such as where:
- The permanent resident is outside Canada while accompanying a Canadian citizen who is their spouse, common-law partner, or, in the case of a child, his/her parent;
- The permanent resident is outside Canada while employed on a full-time basis by a Canadian business or in federal public administration or the public service of a province;
- The permanent resident is outside Canada while accompanying a permanent resident who is their spouse, common-law partner, or, in the case of a child, his/her parent, where that person is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province.
As well, a minor who was unable to meet the physically residence requirement because his/her parents left Canada may meet the residency requirement if that minor returns to Canada at the first available opportunity.
We have extensive experience with permanent residency card renewals where a person has not been physically present in Canada for the required period, particularly in cases involving people working abroad for Canadian companies, and people who just reached the age of majority.
PR Card renewals in these situations are very complex, and require the submission of a lot of paperwork. It is important that such applicants seek counsel to ensure that their renewal application is as comprehensive as possible.
We have also advised individuals on how to structure their affairs so as to travel extensively abroad while maintaining their permanent residency.