Immigration and Refugee Protection Act

Version of section 28 from 2003-01-01 to 2005-03-31:

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

  • Marginal note: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 public service of Canada or 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 public service of Canada or 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.

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