Immigration to USA > Maintaining Permanent Residence
Permanent residence in Canada (also referred to as landed immigrant status) brings with it a variety of rights and obligations. For example, permanent residents can live and work in any place in Canada.
However, a permanent resident can lose his/her permanent resident status in Canada if:
- They fail to comply with the “residency obligation” set out in Section 28 of the Immigration and Refugee Protection Act, which provides that:
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:
- physically present in Canada,
- outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent
- outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province,
- outside Canada accompanying a permanent resident who is a spouse or common-law partner or, in the case of a child, the 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
- referred to in the Regulations providing for other means of compliance.
- They are convicted of a serious criminal offence within the meaning of Section 36 of the Act either in or outside of Canada.
- They represent a security risk to Canada, have committed human or international rights violations, or are members of a criminal organization, pursuant to Sections 34, 35, and 37 of the Act, respectively.
- They have obtained permanent resident status due to misrepresentation, pursuant to Section 40 of the Act.
- They have failed to comply with conditions of their landing in Canada, as set out in Section 98 of the Act. For example, an individual who has landed as an entrepreneur but has failed to establish a business as required.
Federal Court and IRB hearings – Admissibility hearings
Residency requirements can be tricky business – Guidy Mamann, June 20th, 2005
Permanent residency doesn’t mean forever – Guidy Mamann, May 9th, 2005