Immigration and Refugee Law
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Every permanent resident of Canada must meet a residency obligation: at least 730 qualifying days in every five-year period. This guide explains which days count, including some days spent outside Canada, how the five-year period is measured, when permanent resident status is actually lost, and how to appeal a negative decision made outside Canada to the Immigration Appeal Division within the 60-day time limit.
Last updated: October 30, 2026
In this guide:
This short explainer video covers the 730-day rule, the days abroad that can count, and the appeal to the Immigration Appeal Division. The sections below go into more detail.
Becoming a permanent resident of Canada does not mean you can live abroad indefinitely without consequences. Under section 28(1) of the Immigration and Refugee Protection Act (IRPA), every permanent resident must comply with a residency obligation with respect to every five-year period.
Under section 28(2)(a), you comply if, on each of a total of at least 730 days in that five-year period, you were physically present in Canada or outside Canada in one of the situations the law counts. The 730 days do not need to be in a row. The rule is often described as “two years out of five”, but the more accurate way to think about it is 730 qualifying days within each relevant five-year period.
Section 28(2)(a) of IRPA counts days spent outside Canada when you are:
Section 61 of the Immigration and Refugee Protection Regulations fills in the details:
In practice, this means that working abroad for a company with a Canadian connection is not automatically enough. The employer and the assignment both have to fit the regulatory definitions.
Section 28(2)(b) of IRPA sets out which five years are examined:
An examination can take place when you apply for a travel document at a visa office abroad, when you arrive at a port of entry, or when you apply for a new permanent resident card. Keeping an accurate record of your travel dates makes it much easier to show compliance.
Residency obligation problems usually arise for permanent residents who have spent long periods outside Canada, for example:
Under section 31(2)(b) of IRPA, a person who is outside Canada and does not present a status document showing permanent resident status is presumed not to have that status. In practice, if your permanent resident card has expired and you are abroad, you will usually need a travel document to return.
Under section 31(3), a permanent resident outside Canada without a status document will be issued a travel document, following an examination, if an officer is satisfied that:
Even if you are short of 730 days, the examination is not only a counting exercise. Under section 28(2)(c) of IRPA, an officer may determine that humanitarian and compassionate considerations relating to you, taking into account the best interests of a child directly affected by the determination, justify keeping your permanent resident status. That determination overcomes any breach of the residency obligation before it was made.
For this reason, it is worth explaining your circumstances clearly, with supporting documents, when you are first examined, rather than waiting for an appeal.
Under section 46(1)(b) of IRPA, a person loses permanent resident status on a final determination of a decision made outside Canada that they failed to comply with the residency obligation.
The words “final determination” matter. A negative decision by an officer abroad does not, on its own, end your status while you can still appeal or while your appeal is pending. Status is lost only when the decision becomes final, for example when the appeal period passes without an appeal or when an appeal is finally dismissed.
Under section 63(4) of IRPA, a permanent resident may appeal to the Immigration Appeal Division of the Immigration and Refugee Board against a decision made outside Canada on the residency obligation.
Under section 175(2) of IRPA, the Division may, after hearing from the Minister and the permanent resident, order the permanent resident to physically appear at the hearing if it is satisfied that their presence is necessary. An officer then issues a travel document for that purpose. Under section 175(1)(b), the Division is not bound by legal or technical rules of evidence.
Pax Law Corporation’s page on Immigration Appeal Division appeals explains how the firm can help with this type of appeal.
Among other grounds, under section 67(1)(c) of IRPA the Division may allow an appeal if, at the time the appeal is decided and taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case. If the Division does not allow the appeal, it must dismiss it (s. 69(1)). If it dismisses a section 63(4) appeal and the permanent resident is in Canada, it must make a removal order (s. 69(3)).
In residency obligation appeals, the Division often starts with the non-exhaustive factors described in Bufete Arce v. Canada (Citizenship and Immigration), 2003 CanLII 54260 (IRB), at paragraph 10:
In Ambat v. Canada (Citizenship and Immigration), 2011 FC 292, at paragraph 30, the Federal Court confirmed that the Division has extensive discretion to consider and weigh these factors according to the circumstances of each case. Other relevant factors include the extent of the breach and hardship to you and your family. The best interests of a child directly affected by the decision must be considered (Herradi v. Canada (Citizenship and Immigration), 2020 FC 247, at para. 37).
The Supreme Court of Canada in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, at paragraph 20, explained that the Division’s humanitarian discretion on appeal is separate from humanitarian and compassionate applications under section 25(1) of IRPA.
If an appeal is available, it must be used first: under section 72(2)(a) of IRPA, an application for judicial review may not be made until any right of appeal is exhausted. After that, an application for leave and judicial review to the Federal Court must be filed and served within 15 days for a matter arising in Canada, or within 60 days for a matter arising outside Canada, after you are notified of or otherwise become aware of the decision (s. 72(2)(b)). A judge may allow more time for special reasons (s. 72(2)(c)).
Pax Law Corporation lawyers have Federal Court decisions published on CanLII; you can read more on the firm’s court decisions page and its page on immigration judicial reviews. Every case is different, and past results do not guarantee future outcomes.
This guide focuses on decisions made outside Canada. If the residency issue first comes up at the border or inside Canada, different steps can apply, so get advice about your own situation.
Consider getting legal advice as soon as you receive a negative residency obligation decision, before you travel without a valid permanent resident card, or whenever you are unsure whether your days abroad count. The deadlines are short, and the evidence you file at the start of an appeal matters.
You need at least 730 days in every relevant five-year period, either physically present in Canada or outside Canada in a situation the law counts (IRPA s. 28(2)(a)). The days do not have to be consecutive.
Yes. Days outside Canada count when you are accompanying a Canadian citizen spouse or common-law partner, which means ordinarily residing with them (IRPA s. 28(2)(a)(ii); IRPR s. 61(4)).
Only if you are employed full time by a Canadian business or the public service and assigned full time to a position, affiliate or client outside Canada (IRPA s. 28(2)(a)(iii); IRPR s. 61). A business set up mainly to meet the obligation does not count.
If you have been a permanent resident for five years or more, the five years immediately before the examination. If less than five years, whether you will be able to comply in the five years after you became a permanent resident (IRPA s. 28(2)(b)).
No. Status is lost on a final determination of a decision made outside Canada (IRPA s. 46(1)(b)), so it continues while you can still appeal or while an appeal is pending.
The notice of appeal must be received by the Immigration Appeal Division no later than 60 days after you receive the officer's decision and written reasons (Immigration Appeal Division Rules, 2022, Rule 16(c)).
The notice of appeal together with the officer's decision and written reasons, if any (Rule 13(1)(c)). Evidence for the hearing is disclosed later under the Rules.
A travel document can be issued if you were physically present in Canada at least once in the 365 days before the examination and your appeal is pending or the appeal time has not expired (IRPA s. 31(3)(c)). The Division can also order you to appear in person, and an officer then issues a travel document (s. 175(2)).
Commonly: your establishment in Canada, why you left and stayed away, family ties to Canada, attempts to return at the first opportunity, hardship, the extent of the breach, the best interests of affected children and any special circumstances (Bufete Arce, para. 10; Ambat, 2011 FC 292, para. 30).
Yes. An officer can decide that humanitarian and compassionate considerations justify keeping status (IRPA s. 28(2)(c)), and the Immigration Appeal Division can grant special relief on appeal (s. 67(1)(c)).
Your status is lost when the decision becomes final. If you are in Canada when a section 63(4) appeal is dismissed, the Division must make a removal order (IRPA s. 69(3)). Judicial review may be available with leave of the Federal Court.
15 days for a matter arising in Canada or 60 days for a matter arising outside Canada, after you are notified of or become aware of the decision, and only after any appeal right is used (IRPA s. 72(2)).
If you have received a negative residency obligation decision, or you are planning travel and are unsure whether you meet the 730-day rule, a lawyer at Pax Law Corporation can review your situation with you.
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Disclaimer: This article is general information only, not legal advice. It reflects the Immigration and Refugee Protection Act, its Regulations and the Immigration Appeal Division Rules, 2022 as of the date above. Rules change and every situation is different. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own circumstances before you act.
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