After obtaining Canada PR, immigrants must make a one-time entry to Canada before their Confirmation of PR expires and reside in Canada for at least 730 days within the first five years after landing. Thus, many permanent residence holders delay shifting to Canada until they are financially stable enough to survive in the country for the first few months while they are job-hunting.
The exact date of landing determines the start and end date of the five years. If you obtained the Canada PR Visa and landed in Canada less than five years ago, this ‘5-year period’ will be defined as the first five years post-landing in Canada. If you landed in Canada more than five years ago, the ‘5-year period’ will be considered the five years immediately preceding the residency obligation examination date.
The authorities will check if you comply with the residency requirement in three scenarios:
- When you apply to renew or replace your PR Card
- When you apply for a PR travel document at an overseas Canadian visa office
- When you seek admission to Canada at a port of entry as a permanent resident
Even if you have already obtained your PR Card, you have to meet the residence requirement to maintain your PR status. Similarly, you can comply with the residence requirement, even if you do not have a valid PR Card. For instance, if you resided full-time in Canada and did not renew your PR Card upon expiry, your PR status may still be useful. It is not necessary for all the Canada Permanent Resident Visa holders carry a valid PR Card at all times.
Regardless of whether or not you hold a PR Card or violate the residence requirement, you have the right to enter Canada – provided you still have PR status. However, a PR Card is necessary for international travelers to return to Canada – as it serves as an entry document. If you are in breach of the 730-day residence requirement but hold a PR Card, you must return to Canada before the Card expires.
You can request favorable consideration on compassionate and humanitarian grounds (with supporting documents) before implementing enforcement action. If the review is negative, you can appeal to the Immigration Appeal Division and live in Canada while the appeal is litigated. If the review is positive, the border officer will allow you to enter Canada and maintain the residence requirement in the future.
Subsequently, once you comply with the residence requirement, you can travel outside Canada and apply to renew your PR Card. To find out more about the application process and compliance requirements for Canada PR holders, consult our trained consultants digitally, or visit our pan-India offices.
For more information, you can connect with us on 8595338595 or [email protected]