How many days do you need in Canada to keep permanent resident status?
Short answer: At least 730 days in every five-year period. Under section 28 of the Immigration and Refugee Protection Act, days count if you are physically in Canada, or abroad accompanying a Canadian-citizen spouse, partner or parent, or working full time for a Canadian business or the public service. The days don’t need to be consecutive.
What the law says
“A permanent resident must comply with a residency obligation with respect to every five-year period.”
Every permanent resident has a residency obligation for every five-year period.
“on each of a total of at least 730 days in that five-year period”
The 730 days and the ways a day can count.
“that they have met the residency obligation in respect of the five-year period immediately before the examination”
Which five years are examined: the five years after you landed (if you’ve been a PR less than five years) or the five years before the examination.
“justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination”
Humanitarian and compassionate considerations can overcome a breach.
“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”
A business set up mainly so you can count days abroad doesn’t qualify.
“on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28”
Status is lost only on a final determination, not when a card expires.
“A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.”
You can appeal a residency decision made outside Canada to the Immigration Appeal Division.
Which days count
Each day you are physically present in Canada counts. So does each day abroad accompanying a spouse, common-law partner or (for a child) parent who is a Canadian citizen, or working full time outside Canada for a Canadian business or the federal or a provincial public service, or accompanying a permanent-resident spouse or parent who is doing that (IRPA s 28(2)(a)).
The Regulations define “Canadian business” and exclude one that exists mainly to let a PR count days abroad (IRPR s 61).
Which five years
If you’ve been a PR for less than five years, you must show you will be able to meet the 730 days within the five years after you landed. If it has been five years or more, the officer looks at the five years immediately before the examination — usually the date you apply for a card or travel document, or arrive at the border (IRPA s 28(2)(b)).
If you fall short
An officer can find that humanitarian and compassionate considerations, including the best interests of an affected child, justify keeping your status despite the breach (IRPA s 28(2)(c)).
A refusal made outside Canada can be appealed to the Immigration Appeal Division (IRPA s 63(4)), which can grant relief on humanitarian grounds (IRPA s 67(1)(c)). The Federal Court reviews those decisions deferentially — in Cao v Canada, 2026 FC 1020, it dismissed judicial review of an IAD decision refusing that relief.
You don’t lose status just because your PR card expires. Status ends on a final determination that you breached the obligation, among other events (IRPA s 46(1)).
What to do next
- List every trip out of Canada for the relevant five-year window and count the days in Canada.
- Collect evidence for any days abroad that count (spouse’s citizenship, employment letters).
- If you are short, get advice before applying for a card or travel document — the application triggers an examination.
Federal Court decisions
Cao v. Canada (Public Safety and Emergency Preparedness), 2026 FC 1020
A PR who conceded the breach argued for humanitarian relief at the IAD; the Federal Court dismissed judicial review.
Frequently asked questions
Do the 730 days have to be in a row?
No. It is a total of at least 730 days in the five-year period (IRPA s 28(2)(a)).
Does time abroad with my Canadian spouse count?
Yes — days accompanying a spouse or common-law partner who is a Canadian citizen count (IRPA s 28(2)(a)(ii)).
Is 730 days the same as the citizenship requirement?
No. Citizenship needs 1,095 days of physical presence in the five years before you apply (Citizenship Act s 5(1)(c)(i)).
Related streams
- PR card renewal and the residency obligation Check IRCC
The 730-day rule, renewing a PR card, and travel documents for PRs abroad.
- Canadian citizenship Check IRCC
The physical-presence, tax, language and knowledge requirements for a grant of citizenship.