Residency Obligations for Permanent Residents

How to Fulfill your Residency Obligations as a PR

As a permanent resident of Canada, there are certain conditions and requirements that must be met in order to continue to maintain the permanent residency status. The most important aspect of maintaining permanent residency status in Canada is the residency obligation. As a permanent resident, you should reside in Canada for a majority, if not all, of the time. Residing in Canada as a permanent resident brings about many benefits and advantages. Therefore, in this article, I will explain the residency obligations for permanent residents in Canada and the benefits of being a permanent resident.

Residency Obligation in Canada

Residency obligations are mandatory in order to maintain your permanent residency status in Canada. Particularly, as a permanent resident of Canada, you must ensure that you have completed a total of two years residing within Canada out of a five year time period. During these two years of residing within Canada, you must be physically present within the country. However, there are different circumstances that may occur that can count towards the residency obligation. Therefore, below I will explain the different circumstances that can count towards the residency obligation of permanent residents.

Within Canada

If you are residing within Canada, you must:

• Be physically present for a minimum of two years out of the five year time period.

Outside Canada

If you are residing outside of Canada, you must:

• Be accompanying a spouse or common-law partner who is a Canadian citizen
• Be a child accompanying a parent
• Be employed full-time with a Canadian employer or the Public Service of Canada
• Be accompanying a Canadian permanent resident who is also outside of Canada and who is employed full-time with a Canadian employer or the Public Service of Canada as the employee’s spouse, common-law partner or dependent child

Therefore, you must abide by these residency obligations, if not; you may lose your permanent residency and may not be able to renew it. It is important to note that permanent residents that have been in Canada for less than five years need to demonstrate that they will be able to meet the residency requirement during the five-year period immediately after obtaining permanent residency status in Canada. Additionally, permanent residents who are currently residing outside of Canada must show their permanent residency card before boarding and travelling to Canada. If they do not have their permanent residency card or if the permanent residency card has expired, they must obtain a permanent resident travel document. However, this entirely depends on how they plan on entering Canada, whether my commercial carrier or by private vehicle.

What happens if Residency is not met

There can be unexpected consequences if the residency obligation is not met by permanent residents in Canada. For instance, if the permanent resident is residing within Canada and an Immigration officer determines that they have not abided by the residency requirements, the Immigration officer can issue a removal order. The removal order would unfortunately force you to leave Canada. On the other hand, if the permanent resident is residing outside of Canada and they do not meet the residency requirements, the Immigration officer can inform the individual that they have lost their permanent residency status. This would be the worst case scenario.

If a permanent resident of Canada loses their status, they can submit an appeal within 60 days of receiving this notification. If they proceed with the appeal, the Immigration officer can consider the appeal with humanitarian and compassionate consideration prior to making a final decision about the permanent residency status of an individual.

The Benefits of Permanent Residency in Canada

Obtaining permanent residency in Canada brings about many benefits and privileges; however, it is very important to recognize that this status is a privilege and is not given to all individuals. In order to be a permanent resident in Canada, you must be issued permanent residency by the Canadian government. Additionally, being a permanent resident in Canada allows that individual to live, study or work anywhere in Canada.

With permanent residency status in Canada comes certain rights and responsibilities that must be met in order to maintain the PR status. A permanent resident of Canada has the following rights:

• Health Care & Social Benefits
• Ability to live, study or work anywhere in Canada
• Protection under Federal law
• Rights & Freedoms protected by the Charter of Rights and Freedoms
• Ability to apply for Canadian citizenship after permanently residing in Canada for a designated time period

Subsequently, a permanent resident of Canada will also has the following responsibilities while residing in Canada:

• They must abide by all laws of Canada at the municipal, provincial & federal level
• They can face conviction should they commit any serious criminal offence

It is important to note that if a permanent resident of Canada commits any serious criminal offences while in Canada, they can have their permanent residency status revoked. In the worst case scenario, they can be issued a removal order and asked to leave Canada immediately.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply for permanent residency in Canada. If you want to apply for permanent residency in Canada, it is extremely important to note that you must meet the residency obligations in order to qualify. Please note that it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients gain permanent residency in Canada and they are now happily living in Canada permanently. If you believe that you may be eligible for permanent residency, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!