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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 3: Entering and Remaining in Canada
§28

Residency obligation

Residency obligation

Permanent Residents
🍁 In Simple Terms

The permanent resident rule that catches the most people: at least 730 days in Canada in every five-year window, which works out to two years out of five. Days abroad still count if you were with a Canadian spouse, partner or parent, or working full time for a Canadian business or a government. Even if you fall short, an officer can let you keep your status on humanitarian grounds, including the best interests of a child affected.

Affects: Immigration applicants (economic, family, humanitarian)
Legal Text: IRPA Section 28

(1)A permanent resident must comply with a residency obligation with respect to every five-year period.

Application

(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; (b)it is sufficient for a permanent resident to demonstrate at examination(i)if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;(ii)if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and (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.

In Practice
Official Source: Justice Canada: IRPA s. 28 (authoritative, may differ from this display)
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