S 28 IRPA Requirements Permanent Residence / Exceptions

[Gurpinder]

May I know which section of immigration law says that a person must live in Canada to keep his/her status in Canada.

[Bavneet (Admin)]

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

The five year period as mentioned in s.28(1) IRPA is explained in detail in a.28(2) which states:

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 federal public administration or the public service 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 federal public administration or the public service of a province, or
• (v) referred to in regulations providing for other means of compliance;

In simple terms, in order to maintain your status as a permanent resident in Canada, you must have been physically present in Canada for a minimum of 730 days in the previous 5 years. There are exceptions to this requirement as listed in s.28(1)((ii)), (iii), (iv), (v) IRPA.

For further information, refer to the following link: https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-7.html#docCont