Residency Obligation


According to Citizenship and Immigration Canada,

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:

  1. is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
  2. is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
  3. is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

In determining whether a permanent resident meets the residency test of physical presence for at least 730 days in a five-year period, A28(2)(b)(i) and (ii) state that:

28.(2)(b) it is sufficient for a permanent resident to demonstrate at examination (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination [of their residency status by a visa officer].


Determining whether you have met the residency obligations can be a complicated task. Let SLPC help you, Contact us today.