PERMANENT RESIDENT STATUS – Series Part 3 of 3
How do you maintain Canadian PR status?
- Residency obligation (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
While the section seems relatively clear on the surface, there is lot of jurisprudence arising from this section. To truly understand if you meet the requirements of this section, you should again consult with legal counsel. This is particularly true of ss. 28(2)(iii), whether you are employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province or s.28(c), whether your circumstances warrant humanitarian and compassionate considerations. We have often encountered those who misunderstand what it means to be employed by “a Canadian business”, and they believe they are in a business that qualifies when they are not. Cases falling under the humanitarian and compassionate category are very wide and varied, and it is important to be intimately aware of both the law and the facts to be able to determine the chances of being able to maintain status under this ground.
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