Permanent Residents and Travelling outside of Canada

December 7, 2018 · 9:34 pmImmigration
Permanent Residents and Travelling outside of Canada

How long do permanent residents have to stay in Canada in order to maintain their legal immigration status? The answer is 2 years or 730 days within 5 year period. Those 730 days could be accumulated consecutively or cumulatively meaning you can stay in Canada for two years straight, then leave the country for 3 years and you still will keep your PR status. Or, you can travel for short periods of time, as long as the total amount of days absent from Canada is no more than 730 days within the last 5 years before calculating the period of your legitimate residency in Canada.

There are some exceptions to this rule however which will allow you to travel overseas without losing days spent in Canada. This includes: accompanying your Canadian spouse for an overseas trip, working for the Canadian government, or working for an eligible Canadian business outside of the country. In these cases, your days spent overseas would not be deducted from residency.

A permanent resident should still remain careful when travelling outside of the country and should refrain from travel if their card is about to expire and hasn’t been renewed. I am frequently asked, “Do I need to renew my PR Card” and the answer is that if you intend to remain in Canada, then you don’t need to renew as only actual residence and time spent in Canada is a legal confirmation of status. However if you do intend to travel, you need to make sure your card is valid. You can not apply for a renewal of the card and leave Canada in hopes that your PR Card will arrive to your Canadian address and you will be able to return safely, with no immigration troubles. The renewal application must be done while you are in Canada. Some people who have foreign citizenship are of the opinion that they can travel outside Canada and use their native country passport. This is a grave mistake because, if you are a permanent resident of Canada, you must cross the Canadian border as a permanent resident with your PR Card.

If permanent resident must travel to their home country because of an urgent family situation and they don’t have a valid PR Card or it is about to expire at the time of the travel, then they should approach a local Canadian consulate or embassy in their country before their return to Canada and apply for a Travel Document. The officials will look at your circumstances including the humanitarian and compassionate grounds of your situation and decide whether to issue you the document for your return. If you are refused, you have rights to appeal the negative decision at the Immigration Appeal Division (IAD) in Canada. There is no appeal process that can be done in your country.

What are the chances of success in the appeal of residency breach at the IAD? This all depends on how long a permanent resident was outside of Canada, the reasons of their absence, their family ties in Canada, their country of their citizenship, and a number of other factors that are unique to their situation.

As an immigration counsel with years of experience, I would urge those who approach our officials to not be discouraged by the negative decisions. Appeal it, get an advice and, if you have grounds, you will win.

A note on the differences between PR Card and Confirmation of Permanent Residence

Very often, permanent residents of Canada have confusion with two documents they receive after successfully applying for PR which are their Confirmation of Permanent Residency and Permanent Residence Card (PR Card). When travelling outside of Canada, they must use their PR Card at the border as one of their travel documents. A Confirmation of Permanent Residence paper is given for a purpose of confirming an immigration status, whereas a PR Card serves as a document for travels.

How long can a permanent resident stay outside Canada?

Under section 28 of the Immigration and Refugee Protection Act, a permanent resident must be physically present in Canada for at least 730 days in a five-year period. The days do not have to be in a row. That leaves up to 1,095 days, about three years, that can be spent abroad within the same five years, as long as the 730 days in Canada are there when an officer counts.

Which days count as days in Canada

Any part of a day spent in Canada counts as a full day. IRCC's application for a PR card or travel document treats the day you leave and the day you come back as days in Canada, so only the whole days in between count as time away. Some days outside Canada count as well, under section 28(2)(a) of the Act and section 61 of the Regulations:

Days outside CanadaThey count whenWhere it comes from
Days with your Canadian citizen husband, wife or partner living outside Canada, or with a citizen parent if you are a childYou ordinarily live with that personIRPA s. 28(2)(a)(ii); IRPR s. 61(4)
Working full-time for a Canadian business or a federal or provincial public serviceYou are assigned abroad full-time as a term of the job: to a position, an affiliated company or a client outside CanadaIRPA s. 28(2)(a)(iii); IRPR s. 61(3)
Living abroad with a permanent resident spouse, partner or parent who works abroad that wayYou ordinarily live with them, and they meet the residency obligation themselvesIRPA s. 28(2)(a)(iv); IRPR s. 61(5)

"Canadian business" has a fixed meaning in section 61(1): a corporation incorporated in Canada or a province with an ongoing operation here, an enterprise with an ongoing operation here that Canadians or permanent residents mainly own or control, or an organization created under Canadian law. A business set up mainly so that a permanent resident living abroad can meet the obligation does not qualify.

Which five years the officer looks at

The period depends on how long you have been a permanent resident (section 28(2)(b)):

  • Less than five years: the question is whether you can still reach 730 days within the first five years after you became a permanent resident.
  • Five years or more: the officer counts the five years immediately before the examination, whether that is at the border, on a PR card renewal or on a travel document application.

An example of the first rule, counted on October 19, 2026:

ExampleDays
Became a permanent resident on June 1, 2023; days spent in Canada so far200
Days still needed to reach 730530
Days left until June 1, 2028, the end of the first five years591

Because 530 of the remaining 591 days can still be spent in Canada, this person meets the obligation today. A long trip now would make the numbers impossible. After the five-year mark the window moves forward every day, so an old long absence gradually drops out of the count.

When a shortfall does not end status

Falling below 730 days does not end permanent resident status by itself. Under section 28(2)(c), the officer who examines you can decide that humanitarian and compassionate considerations, including the best interests of a child directly affected, justify keeping status despite the breach. If the officer finds a breach anyway, the next step depends on where the decision is made. A decision made outside Canada, such as a refused travel document, can be appealed to the Immigration Appeal Division within 60 days after you receive it with written reasons. A breach found in Canada leads to a report and a removal order, which can be appealed within 30 days. Status continues while an appeal filed in time is decided, as explained in our article on whether a permanent resident can be stripped of status.

Getting back without a valid PR card

To board a plane, boat, train or bus to Canada, a permanent resident needs a valid PR card or a Permanent Resident Travel Document (PRTD). The PRTD costs $50 and is applied for online through the Permanent Residence Portal, and the officer uses that application to decide whether you met the residency obligation. A refusal is a residency decision made outside Canada, so the 60-day appeal applies to it. Which of the two documents you need, and what to do when a card runs out during a trip, is covered in our article on the PR card and the travel document.

Keep the proof before you need it

The days have to be shown, not remembered. The PR card application asks for every absence in the five years before you apply, and Canada keeps its own entry and exit records to compare with your answers. Keep passport stamps, boarding passes, employment letters, leases and tax returns. If you rely on one of the exceptions, keep proof of both parts: the marriage, partnership or job, and that you lived together or were assigned abroad for every day you are counting.

Angelina Shuster is a licensed paralegal and represents permanent residents on residency-obligation appeals at the Immigration Appeal Division. A travel history and the days it adds up to can be reviewed through a free assessment.

This article is general information, not legal advice.

FAQ

Frequently asked questions

How many days must a permanent resident be in Canada?

At least 730 days in a five-year period under section 28 of the Act. The days need not be consecutive, any part of a day in Canada counts as a full day, and some days abroad count too, such as living abroad with a Canadian citizen spouse or being assigned abroad full-time by a Canadian business.

Does the day I leave Canada count as a day in Canada?

Yes. IRCC treats the day you leave and the day you come back as days in Canada, so only the full days in between count as time abroad when the 730 days are added up.

I became a permanent resident less than five years ago. How is my time counted?

The question is whether you can still reach 730 days within the first five years after you became a permanent resident. If enough days remain in that period for you to reach the total by staying in Canada, you meet the obligation.

Can I keep PR status if I was away too long?

Possibly. The examining officer can let you keep status on humanitarian and compassionate grounds, and a decision against you can usually be appealed to the Immigration Appeal Division: within 60 days for a decision made outside Canada, and within 30 days for a removal order made in Canada.

Angelina Shuster — Licensed Paralegal, Karb Law
Written by

Angelina Shuster

Licensed Paralegal · Law Society of Ontario

Angelina Shuster is a paralegal licensed by the Law Society of Ontario with 25 years of experience in Canada. Based at Karb Law’s office in Richmond Hill, she represents clients across Ontario and in immigration matters throughout Canada, and has helped thousands of people with immigration and legal matters: refugee claims, appeals, admissibility and detention reviews before the Immigration and Refugee Board, and summary-conviction criminal matters.

About Angelina Shuster & her credentials →
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