When an officer believes a permanent resident has failed to comply with the residency obligation, then that officer has to report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.
The Questionnaire: Determination of Permanent Resident Status has been developed specifically to assist officers in making decisions regarding the permanent residency obligation. However, keep in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining Humanitarian and Compassionate criteria is needed.
It is recognized that in some cases where the person is willing to provide information in order to assist the officer in determining compliance with the residency obligation, the officer and/or the person may need time to gather information/documentation. Therefore, when an examining officer at a port of entry requires further information/documentation from a permanent resident (to enable the officer to make a decision on compliance or non-compliance with the residency obligation), and where the person is willing to submit this information at a later date, the officer may ask the person to come back another day for further evaluation.
It is essential if this is your case, that you are properly prepared.
You might still meet the residency requirements if you were accompanied outside of Canada by a Canadian Citizen. Provided that each day you are outside Canada, you are accompanied by your Canadian citizen spouse, common-law partner or, in the case of a child, a parent with whom they ordinarily reside, is deemed a day of physical presence in Canada.
Each day a permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the case of a child, a parent who is also a permanent resident and with whom they ordinarily reside, is also deemed a day of physical presence in Canada provided the spouse, common-law partner or parent of the other permanent resident is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.
The Residency Obligation
The four principal ways that permanent residents can meet the residency obligation are by:
- Their physical presence in Canada,
- Accompanying abroad (that is, ordinarily residing with) a spouse or common-law partner or parent who is a Canadian citizen,
- Being employed abroad, on a full-time basis, by a prescribed Canadian business or in the public service of Canada or of a province,
- Accompanying abroad (that is, ordinarily residing with) a Canadian permanent resident spouse or common-law partner or parent who is also outside Canada and who is employed, on a full-time basis, by a prescribed Canadian business or in the public service of Canada or of a province.
You will first be assessed based on the cumulative number of days physically present in Canada to determine you have acquired 730 days physical presence in the preceding five-year period.
If the number of days physically present is still less than 730 days, then the officer may count and include any other days that may qualify in any of the remaining three categories identified above, for example, you may have accompanied a spouse abroad who is a Canadian citizen.
If the combined total of days is still less than 730, the residency obligation may still be met if there are H&C considerations relating to the permanent resident, taking into account the best interests of a child directly affected by the determination, that justify retaining permanent resident status.
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