As a permanent resident of Canada, the residency obligation is a requirement that is related to your physical presence in the country during a prescribed period of time. You will be required to meet the residency obligation in order to maintain your status as a permanent resident.
The only permanent residency obligation is that you have, is to be physically present in Canada for at least 730 days within a 5 year period. Otherwise, you must be eligible for 1 of these residency obligation exemption conditions:
An immigration official will assess your residency obligation if you apply for:
If it is determined that you have failed to meet the residency obligation, you will technically still be a permanent resident until a formal decision is made.
If you are present in Canada at the time of the decision, you could be issued a departure order that requires you to leave Canada within a 30 day period.
If you are abroad when the decision is made, then you will receive a formal letter informing you of the decision.
If you are aware that your residency obligation is not met, then you can voluntarily renounce your permanent residence status.
However, you have the right to appeal this decision to the Immigration Appeal Division (IAD). You must file an appeal within 30 days if you are present in the country or 60 days if you are abroad.
You must consider all options before renouncing your permanent residency.
If you plan to stay abroad for an extended period, then it is crucial that you inform the government body of Immigration, Refugees and Citizenship Canada (IRCC).
The purpose of setting residency obligation is:
If you have been a permanent resident for less than 5 years, then you will be required to demonstrate that you will be able to meet the residency obligation in the following 5 years after becoming a permanent resident.
If you have gained permanent residency through provincial nomination through a Provincial Nominee Program (PNP), then the Canadian law determines that you must demonstrate an intention to live and work in the province.
If your intention to settle in the province is not supported by your actions, you could be discovered misrepresenting. Misrepresentation is a serious offense and can result in a 5-year ban from Canada.
You can lose your status as a permanent resident if:
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