The rule itself
Article 28 consists of a single obligation and a detailed framework for its application. The obligation: a permanent resident must comply with the residency requirement in respect of each five-year period.
The process: a resident meets the five-year period requirement if, for at least 730 days within that period, they are in one of the listed situations.
Note the phrasing ’each five-year period.’ This is not a one-time check at the time of card issuance, nor a countdown from the document’s issue date — it is a rolling window that applies to any five-year segment.
- 730 days — that is two years out of every five
- The period is rolling, not tied to the card date
- The days do not have to be consecutive
- A person’s status is assessed for each individual day
Which days count
First and most straightforward: days of physical presence in Canada.
Second: days spent outside Canada accompanied by a Canadian citizen who is your spouse or common-law partner, or — for a child — their parent. In other words, the spouse of a Canadian citizen living abroad with them still meets the requirement.
Third: days spent outside Canada while working full-time for a Canadian business, for the federal government administration, or in provincial public service.
The fourth — days spent outside Canada accompanying a permanent resident — a spouse, common-law partner, or, for a child, a parent — who is employed full-time by a Canadian business or in federal or provincial service.
And fifth, by reference: cases provided for in the regulation that sets out other ways of meeting the obligation.
The practical significance of this list is enormous. A person who has gone abroad to work for a Canadian company — or a family accompanying such a worker — does not lose their status while living outside the country. Working abroad for a foreign employer, however, is not on the list.
| Where you are located | Does the day count? |
|---|---|
| Physically in Canada | yes |
| Abroad with a spouse who is a Canadian citizen | yes |
| Abroad working full-time for a Canadian business or in the civil service | yes |
| Abroad with a spouse who is a permanent resident employed in such a role | yes |
| Abroad working for a foreign employer | no |
| Abroad without the listed grounds | no |
How those with fewer than five years of residence are assessed
The law distinguishes between two situations, and this is important for those who have recently relocated.
If a person has been a permanent resident for less than five years, it is sufficient to demonstrate at the check that they will be able to meet the obligation for the five-year period immediately following the day they became a permanent resident. In other words, the look is forward, not backward.
If a person has been a permanent resident for five years or more, it is sufficient to show that they have met the obligation for the five-year period immediately preceding the check. Here the look is backward.
The difference is more practical than it seems. A new resident who spends the first year abroad does not automatically breach the requirement — the question is whether they can accumulate 730 days in the remaining time of the five-year period. A longer-standing resident is assessed on actual time spent.
- Less than five years in status — the ability to meet the obligation is assessed
- Five years or more — assessed on actual fulfilment over the preceding five years
- The check takes place at the time of review, not on a fixed schedule
- You have to track your own days, and do it from your documents
What can offset a violation
The law provides for a single way out, and it is not automatic. An officer’s decision that humanitarian considerations relating to the permanent resident, taking into account the best interests of any child directly affected by the decision, justify retaining permanent resident status overrides any breach of the residency obligation committed before that decision was made.
This should be read literally. First, it is an officer’s discretion, not an applicant’s right. Second, it covers a breach that occurred before the decision was made — meaning it operates retrospectively, not as a licence for future non-compliance. Third, the best interests of the child are specifically named and taken into account when the decision directly affects them.
In practice, this means arguments must be prepared and presented — not left to be taken into account on their own.
Maintaining permanent status in Canada
- Counting your days on record and determining where you stand relative to 730
- Checking whether your periods spent abroad count under one of the four qualifying grounds
- Analysis of your employment arrangement before departure so that qualifying days keep accumulating
- Preparing for the check when renewing your resident card
- Building a humanitarian case when a violation has already occurred
- Five-year presence plan
A legal consultation — 150 $.Credited toward the full service fee if you continue with us.
During the consultation the lawyer reviews your situation based on your documents and provides filing route: which basis, what will be needed and in what order.
Government fees, notarisation, certified translations and apostille, where required, billed separately at actual cost — we will itemise them for your situation. Processing time depends on the authority and its workload, which is why we do not publish an average figure.
Frequently asked questions
How much time do you need to spend in Canada to keep your permanent residence?
At least 730 days in each five-year period. The days need not be consecutive, and the period is rolling rather than tied to the card issue date.
Do days spent abroad count?
Yes, in four cases: accompanying a spouse or parent who is a Canadian citizen; working full-time in a Canadian business, in the federal administration, or in provincial service; accompanying a spouse or parent who is a permanent resident in such employment; and cases provided for by regulation.
Does work abroad for a foreign company count?
No. The law specifically requires full-time employment with a Canadian business or in the Canadian public service. A foreign employer does not satisfy this requirement.
I became a resident recently — how is my timeline calculated?
If you have been a resident for less than five years, it is sufficient at the review stage to demonstrate that you will be able to meet the obligation in respect of the five-year period immediately following the date on which the status was granted.
Can you retain your status if the requirement has been breached?
Possible, but only through an officer’s decision that humanitarian considerations, taking into account the best interests of the child affected, justify retaining the status. This is a matter of discretion, not a right, and it overrides any violation that occurred before the decision was made.
Verified September 6, 2026. The thresholds and amounts are tied to indicators that are reviewed annually — check the official source for your country before filing.
Services and prices — openly, before any conversation
People usually add: social security number — 120 CAD · $88 · provincial health card — 150 CAD · $110. Two or more services — 5% off each.
Our prices are in Canadian dollars and are all-inclusive — nothing is added on top. Births are handled by our partner in Toronto: their rates and additional costs are quoted in US dollars, and 13% HST is added on top — this is the partner’s policy, and we disclose it before payment. The US dollar figure is provided for reference. Government fees are paid separately and directly to the relevant authority, at cost and with receipts — this is how the entire licensed market in Canada operates.