Migratio Canada · Guides · Find consultants · For consultants

PR Residency Obligation: The 730-Day Rule and What Happens If You Miss It

A permanent resident must be in Canada, or in a few listed situations treated as in Canada, on at least 730 days in every five-year period (IRPA s.28). Falling short does not end status by itself: status continues until an official decision, and a decision made outside Canada can be appealed to the Immigration Appeal Division within 60 days.

Permanent resident status in Canada comes with a condition that catches many people by surprise: you have to actually spend time in the country. The rule is in section 28 of the Immigration and Refugee Protection Act (IRPA), and it is counted in days, not in card expiry dates.

This guide explains how the 730-day rule is built, which days count, what IRCC says happens when someone is short, how a travel document application at a Canadian visa office works, and what the appeal route looks like. It describes the rules. It does not tell you whether you meet them or what to do about your own travel history, and it does not replace a licensed adviser looking at your actual dates.

What the law actually says

IRPA s.28(1): "A permanent resident must comply with a residency obligation with respect to every five-year period."

Section 28(2)(a) says a permanent resident complies with the obligation for a five-year period if, on each of a total of at least 730 days in that period, they are:

  • physically present in Canada;
  • outside Canada accompanying a Canadian citizen who is their spouse or common-law partner (or, for a child, their parent);
  • 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;
  • outside Canada accompanying a permanent resident who is their spouse or common-law partner (or, for a child, their parent) and who is employed full-time by a Canadian business or in the federal or a provincial public service; or
  • in another situation set out in the regulations.

Three things follow from the wording. First, it is a count of days, 730 of them, which is two years' worth. IRCC's "Understand PR status" page (page date 2026-04-09) puts it as: "To keep your PR status, you must have been in Canada for at least 730 days during the last five years. These 730 days don't need to be continuous."

Second, the period is rolling. The Act says "every five-year period", so the question is asked about the five years before the date someone looks at your situation, not only about the first five years after landing.

Third, the Act sets two different tests depending on how long you have held status (s.28(2)(b)). If you have been a permanent resident for less than five years, it is enough to show at examination that you will be able to meet the obligation over the five-year period immediately after you became a permanent resident. If you have been a permanent resident for five years or more, you must show you met it over the five years immediately before the examination.

Which days count, and which don't

Days physically in Canada count. So do the listed days outside Canada, but only in the situations in s.28(2)(a). The regulations add detail. Under section 61 of the Immigration and Refugee Protection Regulations (IRPR):

  • a "Canadian business" means a corporation incorporated under Canadian or provincial law with an ongoing operation in Canada, certain enterprises with an ongoing operation in Canada that are mainly owned by Canadian citizens, permanent residents or Canadian businesses, or an organization or enterprise created under the laws of Canada or a province (s.61(1));
  • a Canadian business "does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada" (s.61(2));
  • being employed full-time by a Canadian business outside Canada means being an employee of, or under contract to provide services to, that business and being assigned full-time, as a term of the employment or contract, to a position outside Canada, to an affiliated enterprise outside Canada, or to a client of the business outside Canada (s.61(3)).

So a job abroad counts only if it fits that description. Working remotely for a foreign employer does not appear anywhere in the list.

Section 62 of the IRPR adds a rule about the end of the count. The calculation of days does not include any day after a report is prepared under s.44(1) of the Act on the ground that the permanent resident has failed to comply with the obligation, or after a decision is made outside Canada that they have failed to comply. If the person is later found to have complied, that exclusion falls away.

IRCC's status page suggests keeping a travel journal to track your days. The IRCC PR travel document guide (Guide 5529, page date 2025-07-30) mentions evidence such as pay stubs, bank statements and Canada Revenue Agency notices of assessment for people who have been permanent residents for less than five years.

A simple illustration of the arithmetic, not a prediction about anyone: a five-year period contains about 1,826 days. If 730 of them must be accounted for, the remaining days are the ones that can be spent abroad outside the listed situations. Because the period rolls forward each day, a long absence late in the window is counted against a different five-year period than the same absence years earlier.

Missing 730 days does not end status on its own

This is the point most worried readers need first. IRCC's status page says: "Even if you don't meet the residency obligation, you will stay a PR until an official decision is made on your status." It adds that IRCC will not change your status automatically and will notify you of any change.

The page lists the ways PR status is lost:

  • an officer determines you are no longer a permanent resident after an inquiry, or after a refused travel document appeal;
  • you voluntarily renounce status;
  • a removal order against you takes effect;
  • you become a Canadian citizen.

The Act's wording on loss of status (IRPA s.46(1)) includes "on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28" and "when a removal order made against them comes into force". Renunciation is s.46(1)(e), on approval by an officer of an application to renounce.

An expired PR card does not change this either. The IRCC page says: "You won't lose your PR status when your PR card expires." What an expired card changes is travel: a person outside Canada without a valid card generally has to deal with it before returning by commercial carrier, which is where the travel document comes in.

Right of entry is also written into the Act. A permanent resident has the right to enter and remain in Canada, subject to the Act (s.27(1)), and an officer shall allow a permanent resident to enter if satisfied after examination that they have that status (s.19(2)). Section 31(2)(b) presumes that a person outside Canada who does not present a status document indicating permanent resident status does not have it, unless an officer determines otherwise.

The permanent resident travel document (PRTD)

A PRTD is the document for a permanent resident who is outside Canada without a valid PR card and wants to come back by plane, train, bus or boat. IRCC's guide says it is for people who meet the residency obligation, and the Act is built the same way: s.31(3) says a permanent resident outside Canada who has no status document "shall, following an examination, be issued a travel document" if an officer is satisfied of one of three things:

  • they comply with the residency obligation (s.31(3)(a));
  • an officer has made a humanitarian and compassionate determination under s.28(2)(c) (s.31(3)(b)); or
  • they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under s.63(4) that has not been finally determined, or the time to appeal has not yet run out (s.31(3)(c)).

The IRCC PRTD guide (page date 2025-07-30) adds the practical detail:

  • for someone who has been a permanent resident for five years or more, at least 730 days physically in Canada in the five years before applying;
  • for someone who has been a permanent resident for less than five years, a showing that they can meet the 730 days within five years of becoming a permanent resident, with two pieces of supporting evidence;
  • a person who does not meet the test can still be considered on humanitarian and compassionate grounds by answering question 5.7 on the form, which asks for the compelling factors, why the obligation was not met, and the hardship that losing status would cause;
  • a processing fee of $50 per person, not refunded once processing starts or if the application is refused (the IRCC fee list also shows $50, as at 2026-09-21);
  • urgent processing is available if travel is planned within five days and supporting proof is provided;
  • a multiple-entry PRTD cannot extend beyond the passport's expiry date.

If a PRTD is refused, IRCC says the refusal letter explains the reasons and the appeal rights. The guide does not describe the appeal process itself, which is set out in the Act and in the Immigration Appeal Division's rules, below.

The appeal: 60 days to the Immigration Appeal Division

IRPA s.63(4): "A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28."

The deadline is in the Immigration Appeal Division Rules, 2022 (SOR/2022-277), rule 16. For a residency obligation appeal, the notice of appeal and accompanying documents must be received by the Division "no later than ... 60 days after the day on which the appellant receives the officer's decision and the written reasons, if any, for the decision." Sponsorship and removal order appeals have a 30-day limit under the same rule. The residency appeal is the longer one. It is still a hard cut-off, and the clock runs from receipt of the decision.

What the Division looks at is in s.67(1). To allow an appeal it must be satisfied that, at the time the appeal is disposed of:

  • the decision is wrong in law or fact or mixed law and fact;
  • a principle of natural justice has not been observed; or
  • other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected, "sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case".

If the appeal succeeds, s.67(2) says the Division sets aside the original decision and substitutes the determination it thinks should have been made, or sends the matter back for reconsideration.

Because the humanitarian ground is assessed at the time of the appeal, evidence that has developed since the visa office decision can matter. That is a feature of the legal test, not advice about any particular case. Section 31(3)(c), above, links to this: a permanent resident who has appealed and has been in Canada within the previous 365 days can be issued a travel document while the appeal is pending.

A decision made inside Canada, for example after a report under s.44(1) is prepared by an officer, goes through a different process (an admissibility hearing at the Immigration and Refugee Board). The appeal rights there come from s.63(3), for removal orders. This guide covers the visa-office decision, which is the situation most people searching this topic are in.

Humanitarian and compassionate relief inside the rule itself

Section 28(2)(c) of the Act deals with a breach directly: "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."

That is the legal basis for the question on the PRTD form and for the humanitarian ground before the Immigration Appeal Division. IRCC's own description of the PRTD question asks for compelling factors, the reason the obligation was not met, and the hardship from losing status for the person, the family and any affected child. The decision is discretionary, and the Act does not list which facts qualify.

For the wider humanitarian and compassionate route, which is a different application used mostly by people who are not permanent residents, see our guide to humanitarian and compassionate applications.

Common ways this goes wrong

  • Counting from the card, not the calendar. A PR card is valid for a set period, but the residency test is about days in a five-year window. An expired card is not a loss of status, and a valid card is not proof that the days were met.
  • Assuming remote work abroad counts. IRPA s.28(2)(a)(iii) is about full-time employment by a Canadian business, assigned outside Canada, and IRPR s.61(2) excludes a business set up mainly to help someone meet the obligation.
  • Missing the 60 days. The residency appeal limit runs from receipt of the officer's decision and reasons. Rule 16(c) is a time limit stated in days.
  • Leaving the evidence to memory. The test is date-based, and IRCC's status page suggests keeping a travel journal. The PRTD guide names pay stubs, bank statements and notices of assessment as examples of evidence.
  • Treating renunciation as paperwork. Renouncing is voluntary under s.46(1)(e) and ends status. IRCC's status page describes it as a choice made on purpose, not an automatic step.
  • Applying for a PRTD without thinking about the refusal. The PRTD fee is $50 per person and is not refunded if the application is refused, and IRCC's guide says refusal comes with reasons and appeal rights.

When people seek a licensed adviser on this topic, it is usually because they are already outside Canada with a short count, or because a refusal letter has arrived and the 60 days are running. A regulated adviser works under a written agreement and can read the actual dates, which a general guide cannot.

Find a regulated adviser

Migratio's directory lists advisers who have signed up with us and who show "Entitled to Practise: Yes" on the live College of Immigration and Citizenship Consultants register, or who are in good standing with a law society. Each listing links to the official register so you can confirm the licence yourself before booking. Migratio is a directory and booking platform; it is not an immigration consultant and does not give immigration advice.

Questions people ask

How many days do I need to be in Canada to keep my PR status?

IRCC says at least 730 days during the last five years. The days do not have to be continuous, and some days outside Canada count in the situations listed in IRPA s.28(2)(a), such as accompanying a Canadian citizen spouse or working full-time abroad for a Canadian business.

Do I lose my PR status if my PR card expires?

No. IRCC's status page says you won't lose your PR status when your PR card expires. Status is lost only through a decision or event listed in IRPA s.46, such as a removal order taking effect, renunciation, or a final determination that the residency obligation was not met.

What happens if I have been outside Canada too long?

IRCC says you stay a permanent resident until an official decision is made on your status. A permanent resident outside Canada without a valid card applies for a PRTD ($50 per person on the IRCC fee list). If it is refused, the refusal letter sets out the reasons and appeal rights.

How long do I have to appeal a PRTD refusal on the residency obligation?

Rule 16(c) of the Immigration Appeal Division Rules, 2022 sets 60 days after the day the appellant receives the officer's decision and written reasons. The right of appeal is in IRPA s.63(4).

Does time spent working remotely for a foreign company count?

The Act lists full-time employment by a Canadian business, assigned outside Canada, or by the public service of Canada or a province. IRPR s.61 defines the terms and excludes a business that serves primarily to let a permanent resident meet the obligation while living abroad. Remote work for a non-Canadian employer is not on the list.

Sources

Last checked 2026-10-09.

Related guides

  • Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines — To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.
  • Humanitarian and Compassionate (H&C) Applications in Canada: The Rules — An H&C request asks the Minister to grant permanent residence, or an exemption from a requirement, for humanitarian and compassionate reasons under IRPA s.25(1). IRCC calls it an exceptional measure. The IRCC fee list shows $1,260 for an adult application including the right of permanent residence fee, or $660 without it (as at 2026-09-21).
  • Spousal Sponsorship Refused: How the 30-Day IAD Appeal Works — If IRCC refuses a permanent resident visa for a spouse, common-law or conjugal partner you sponsored, you as the sponsor can appeal to the Immigration Appeal Division. The IAD must receive your notice of appeal and the refusal within 30 days of you receiving the decision (IAD Rules r.16(a)).
  • Canadian Immigration Fees 2026: The IRCC List, Explained — The IRCC fee list (date modified 21 September 2026) sets the government fees for most applications: for example $100 for a visitor visa, $150 for a study permit, $155 for a work permit, $1,590 for an economic permanent residence application including the $600 right of permanent residence fee, and $653 for an adult citizenship application. Medical exams, language tests, police certificates and representative fees are not on it.
  • IMM 5476, Use of a Representative: what the form asks and how it is submitted — IMM 5476 tells IRCC that someone may act for you on an application, paid or unpaid. You complete the applicant sections, your representative signs their own declaration, and a paid representative must give their membership ID from the College, a law society or the Chambre des notaires. The same form is used to cancel or change a representative.
  • How to check an RCIC licence on the College's Public Register — Search the consultant on the College of Immigration and Citizenship Consultants Public Register (register.college-ic.ca). Only people with an "Active" status and "Yes" in the "Entitled to Practise" column may legally give you immigration advice for a fee. Then contact them using the details on the register, not the ones in an ad or a message.