Which Days Count For Permanent Resident Status

A permanent resident of Canada is not the same as a Canadian citizen, which means that they are held to specific requirements that Canadian citizens are not, such as their residency obligation. 

A permanent resident has a residency obligation, which means that they must spend a certain amount of time in Canada to keep their permanent residency status. If they do not meet this residency requirement, they could face losing their permanent resident status. Without their permanent resident status, they could even face deportation from Canada.

This is why it is so important to keep track of your residency days and know which days count for permanent resident status in Canada, because it’s not as easy as just showing proof that you were in Canada for a certain amount of days.

Permanent resident status: which days count

Days spent inside of Canada and days spent outside of Canada can both count towards your residency requirement to maintain your permanent resident status. Obviously, days spend physically inside of Canada count, but certain days spent outside of Canada can also count towards the 730 days you must spend in Canada. These can include days you are outside of Canada working for a Canadian company full-time, days you are accompanying a spouse who is a Canadian citizen abroad, or days you are accompanying a permanent resident spouse abroad when they are working for a Canadian company.

The aforementioned days outside of Canada can still count towards the required 730 permanent residency days that you must have every five year period you are a permanent resident in Canada.

You are required to demonstrate you were able to meet the residency obligation for permanent resident status. However, if there is a reason you have not been able to spend the required amount of time within Canada, you could be able to ask for an exception. When you do this, you’re asking for an exception on humanitarian and compassionate grounds. However, to do this you must make sure that you have a very valid reason for asking for the exception, and you will have to make a strong case for yourself. If you have not met the residency requirement it is very important that you speak with a licensed immigration lawyer as soon as possible to determine if you have options.

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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