What if a Canadian permanent resident has been outside of Canada for too long?

 

One of the requirements that all permanent residents in Canada must meet is being in Canada for a certain amount of days. This is counted on a five-year period, and permanent residents must be present inside Canada for two of those five years. Therefore, if a permanent resident has been outside of Canada for three of those five years, they’ve been outside of Canada too long.

What happens if someone does not meet the residency obligation

If you’ve been outside of Canada for too long, then you’ve not met your residency requirement to maintain permanent residency status. If this is the case, then you could be at risk of losing your permanent resident status in Canada. If you lose your status, you are no longer a permanent resident in Canada and could be deported from Canada.

There is a chance you have miscalculated your days spent in Canada. For example, if you have accompanied a spouse or a parent who is a Canadian citizen abroad, you could count those days as being in Canada. Or, if your spouse or parent is a permanent resident in Canada and you must accompany them abroad for full-time work on behalf of a Canadian company, those can also count as days spent in Canada.

In addition, if you are working abroad for a Canadian company full-time, those days can also be counted as days spent in Canada.

If none of these factors apply to you, you may need to discuss your case with a licensed immigration lawyer. This may be your only option for maintaining your permanent resident status and avoiding deportation from Canada. We can make humanitarian and compassionate arguments on our behalf as to why you were unable to meet the requirement depending on your case.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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