PR Status is a priviledge that can still be taken away from you.
As Permanent Resident (PR) of Canada, you still have an obligation to meet. That is, to be physically present in Canada for 730 days for the preceding 5 years. This calculation gets triggered when you renew your PR Card, upon entry to Canada via one of its borders, or when you apply for Permanent Residence Travel Document (PRTD).
There are some exemptions to the physically present PR obligations and they are :
- accompanying abroad (that is, ordinarily residing with) a spouse or common-law partner or parent who is a Canadian citizen
- being employed abroad, on a full-time basis, by a prescribed “Canadian business” or in the public service of Canada or of a province; or
- accompanying abroad (that is, ordinarily residing with) a Canadian permanent resident spouse or common-law partner or parent, who is also outside of Canada and who is employed, on a full- time basis, by a prescribed “Canadian business” or in the public service of Canada or of a province.
If a Border Officer determines that you did not meet your PR Obligation, they are still required by law to let you into Canada pending the final determination whether you meet the obligations or not.
If the decision was made from outside of Canada, like a Visa Post, you will be allowed to appeal the decision to the Immigration Appeal Division. You will need to file for a Notice of Appeal within 60 days after receiving the Notice of Refusal. If you fail to file for an appeal within the deadline, then the decision from outside Canada will become final and you lose your PR status.
So, if you do not want to get into the complexities of losing your PR status, make sure you comply with the residency obligation. While you travel abroad as PR, make sure you diarize the day you were outside of Canada. Keep your travel tickets, keep a copy of your or your spouse's employment contract or letter of employment, etc.
If you are not sure if you are compliant or not with your residency obligation or if you need help in appealing your case, click the Contact Us button below.
