The basic rule
730 days
You must accumulate at least 730 qualifying days (2 years) in each 5-year period. The days do not have to be continuous.
PR for 5 years or more
The officer looks at the 5 years immediately before the examination (for example, the date of your PR card or PRTD assessment, or your arrival at the border).
PR for less than 5 years
You must show that you can still meet 730 days within the first 5 years after becoming a PR.
Not the same as citizenship
Citizenship uses a different test: 1,095 days of physical presence in the 5 years before you sign. Meeting the PR obligation does not mean you are eligible for citizenship.
Days that count
| Situation | Counts when |
|---|---|
| Physically present in Canada | Every day you are in Canada. |
| Abroad with a Canadian citizen | You are outside Canada accompanying your spouse or common-law partner who is a Canadian citizen, or, for a child, a parent who is a Canadian citizen. "Accompanying" means ordinarily living with that person. |
| Abroad working for a Canadian business or the public service | You are employed full time by a Canadian business or by the federal or a provincial public service and are assigned full time, under your job or contract, to a position, affiliate or client outside Canada. |
| Abroad with a PR who works for a Canadian business or the public service | You are accompanying your PR spouse, common-law partner or (for a child) parent who is employed full time as above, and that person is meeting their own residency obligation. |
For these rules a "child" is a person under 22 who is not a spouse or common-law partner.
What is a "Canadian business"?
- A corporation incorporated under federal or provincial law that has ongoing operations in Canada.
- A non-incorporated enterprise with ongoing operations in Canada that generates revenue, is run for profit, and is majority-owned or controlled by Canadian citizens, permanent residents or Canadian businesses.
- An organization or enterprise created under federal or provincial law.
Falling short does not end PR status automatically
- How status endsYou lose PR status only by an officer's determination after an inquiry, or a final determination after a refusal outside Canada (once the appeal period ends or the appeal fails); by voluntary renunciation; by a removal order taking effect; or by becoming a Canadian citizen.
- You remain a PR meanwhileEven if you appear to have fewer than 730 days, you remain a PR until an official decision is made. IRCC notifies you before your status changes.
- An expired card is irrelevant to statusAn expired PR card does not mean you have lost status. It only affects how you can travel.
- Choose your route deliberatelyWhile you are a PR you cannot simply apply as a visitor. Options include a PR card application (in Canada), a PRTD (abroad), or voluntary renunciation if you do not want to keep status.
Humanitarian and compassionate considerations
If you do not meet the 730 days, an officer may still decide that humanitarian and compassionate (H&C) considerations justify keeping your PR status. The officer must take into account the best interests of any child directly affected. On a PRTD application, you raise H&C by answering the relevant question on the form (question 5.7).
Reasons for the absence
Why you left and why you stayed away, for example illness, caring for a family member, or circumstances outside your control.
Ties to Canada
Family in Canada, property, employment, tax filing, and how established you were before leaving.
Efforts to return
What you did to come back at the first reasonable opportunity, with dates and documents.
Children and hardship
How losing status would affect children directly involved, and the hardship to you and your family.
Where the obligation is examined
PRTD application abroad
A visa officer decides whether you meet the obligation, including H&C. A refusal can be appealed to the Immigration Appeal Division within 60 days of receiving the decision. See the PRTD guide.
PR card application in Canada
The application asks for 5 years of addresses and absences. Files that may not meet the obligation are referred to a local IRCC office.
At a port of entry
When you return to Canada you are examined at the border, and the residency obligation is assessed "at examination". An officer can raise compliance with the obligation there, even if you hold a valid card.
Appeal
Residency appeals go to the Immigration Appeal Division of the Immigration and Refugee Board, which can also consider H&C. For a decision made outside Canada, the notice of appeal and all required documents must be received by the IAD within 60 days of the day you received the decision. Act as soon as you receive a decision.
Keeping evidence
- Travel recordKeep a running list of every exit and entry. IRCC's travel journal can help. Compare it with your passports and entry and exit records.
- Proof of presenceLeases or property records, employment and pay records, tax assessments, bank statements, school and medical records, all dated to the periods you claim.
- Proof of qualifying time abroadFor time with a citizen: marriage or relationship proof, the person's citizenship proof and proof you lived together. For employment: the contract, the assignment letter and proof that the employer is a Canadian business.
- One consistent storyYour dates must match across every application you have made to IRCC, CBSA and other agencies.
Frequently asked questions
Do the 730 days have to be in a row?
No. The days can be spread across the 5-year period.
I became a PR 3 years ago and have spent most of that time abroad. What is my position?
If you have been a PR for less than 5 years, the question is whether you can still reach 730 days before your fifth anniversary as a PR. Count the remaining days carefully and get advice before travelling.
Does time abroad with my PR spouse count?
Only if your PR spouse is employed full time by a Canadian business or the public service and assigned abroad, and is meeting their own obligation. Time abroad with a PR spouse who is not so employed does not count.
Official sources
- IRCC: Understand permanent resident status
- IRCC: Am I still a permanent resident?
- IRCC: Guide 5529, applying for a PRTD
- IRCC: PR card renewal and replacement (program delivery instructions)
- IRB: Notice of appeal, residency obligation
- Justice Laws: IRPA section 28 (residency obligation)
- Justice Laws: IRPA section 46 (loss of PR status)
- Justice Laws: IRPR section 61 (Canadian business and accompanying)
This page is general information about Canadian immigration law and policy as of the date above. It is not legal advice for your situation. Programs, forms and fees change often; check the official sources before you apply.