Residency Obligation

Reclaiming PR Status Through H&C Grounds

After years abroad caring for his ill parents and facing travel restrictions during COVID, Fernando fell short of Canada’s 730-day residency requirement. With only 380 days in Canada, his permanent resident status was at serious risk.

After a detailed consultation, Mehdi gathered a complete picture of Fernando’s circumstances—his efforts to maintain ties, his genuine intent to return, and the family obligations that kept him away. Mehdi built a strong, compassionate application supported by solid evidence and a clear, persuasive explanation of the humanitarian reasons behind Fernando’s absence.

Despite being well below the required days, Fernando’s PR renewal was approved under humanitarian and compassionate considerations. His case shows that with honesty, preparation, and the right approach, IRCC recognizes genuine circumstances and acts with fairness. Fernando and his family were deeply relieved and grateful to continue their lives in Canada.

FAQ_ Residency Obligation

What is the Canadian Permanent Residency obligation?

A permanent resident must be physically present in Canada for at least 730 days within a 5-year period to maintain their status. These days do not have to be consecutive.

What counts as “time in Canada”?

Time physically spent inside Canada counts. Some time spent outside Canada may also count if you are:

• Accompanying a Canadian citizen spouse or parent

• Employed full-time by a Canadian business or public service abroad

• Accompanying a permanent resident spouse or parent who is employed by a Canadian business abroad

What happens if I have not met the 730-day requirement?

You may be found to have lost your permanent resident status unless you can prove there are Humanitarian and Compassionate (H&C) reasons for your absence. These could include medical issues, family caregiving, or other serious personal circumstances.

How can I prove I met my residency obligation?

You can use passports, entry and exit records, employment records, school enrollment, tax filings, or lease agreements. IRCC and the Canada Border Services Agency often verify your travel history with the CBSA and foreign authorities.

What if I am outside Canada and receive a Residency Determination

If a visa office finds you do not meet the obligation, you will receive a decision letter. You can appeal this decision to the Immigration Appeal Division (IAD) within 60 days. You must show that you met the requirement or that there were compelling H&C reasons for your absence.

Can I return to Canada while my appeal is pending?

You may be allowed to return if you still hold a valid PR card or Permanent Resident Travel Document (PRTD), or if you can enter as a permanent resident pending appeal. However, the ability to travel depends on your individual circumstances and airline discretion.

Can family caregiving outside Canada count as an H&C reason?

What should I do if my PR card expired but I want to keep my status?

Yes, caring for an ill or elderly parent abroad is one of the most common H&C grounds considered. The key is to provide solid documentation and demonstrate ongoing commitment to Canada.

You may still be a permanent resident even if your PR card expired. The status does not expire automatically with the card. However, you should avoid applying for a new card or PRTD without first reviewing whether you meet the residency requirement, as it may trigger a review.

Can I reapply for permanent residence if I lose my status?

Yes. You can apply again through another immigration program, but you will start from the beginning like any other applicant. It is usually better to appeal or make an H&C application before losing status.

How can an immigration representative help?

A regulated consultant or lawyer can help you prepare a Residency Obligation appeal or an H&C PR application, collect supporting evidence, and build a strategy that highlights your genuine connection to Canada and your reasons for absence.

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