A person must fulfil a residency obligation in order to maintain permanent residence in Canada. The residency requirement relates to a person’s physical presence in Canada for a specified period of time.
For permanent residents, Canada’s residence duty requires them to be physically present in Canada for at least 730 days within a five-year period, or to fulfil one of the following conditions:
● The person is travelling outside of Canada with a Canadian citizen who is their spouse or common-law partner, or the person is a minor travelling with their parent.
● The individual is not in Canada. employed full-time by a Canadian company or in the public service of Canada or a Canadian province
● The individual is an accompanying spouse, common-law partner, or child of a permanent resident who is working full-time for a Canadian corporation or in the public service of Canada or a Canadian province.
When a permanent resident applies for a permanent resident card renewal, a permanent resident travel document (PRTD), or Canadian citizenship, their residence duties are usually examined. Please keep in mind that if a person has had Canadian permanent residence for more than five years, the residency obligation will be computed based on the five years before the day the visa office received the application.
If a person has been a Canadian permanent resident for less than five years, they may be eligible to apply for a permanent resident card renewal or PRTD if they can show that they will be able to satisfy the 730 day physical presence day requirement during the five-year term.
Determination of Status
Determination of Status Only via a formal determination of status may a permanent resident of Canada lose their status. A visa officer will undertake an official determination of status whenever a permanent resident applies for a PR card renewal or a permanent resident travel document (PRTD) to see if the individual has satisfied their residency responsibilities and has no additional hurdles to renewal.
A person will technically remain a permanent resident of Canada until this formal determination is done. If a permanent resident becomes aware that they have not fulfilled their residency requirement, they may legally resign their permanent resident status.
Obligations Regarding Residency and Provincial Nominations
Section 6 of the Canadian Charter of Rights and Freedoms states that Canadian citizens and permanent residents have the freedom to live and work in any province in Canada. When a person’s Canadian permanent residency is activated, they have these privileges. While Canadian citizens and permanent residents have constitutionally guaranteed movement rights, Canadian law requires immigrants in the provincial nomination class to intend to live in the province that has nominated them.
If it is discovered that the desire to reside in the selected province was never genuine, applicants risk being found guilty of deception, which can result in loss of status and inadmissibility to Canada for five years. In Canada, misrepresentation is a criminal offence that can have serious consequences for your immigration application and status. Applicants who wish to be considered for selection by a Canadian province must demonstrate a desire to live in the province upon arrival.
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