November 2025

One of the lasting impacts of the COVID-19 pandemic has been an interruption in plans to settle in Canada after obtaining permanent residence status. After being approved to settle in Canada, many individuals I’ve met with found they could not make the move. Finding employment, obtaining housing, and disrupting already disrupted schooling created too heavy a burden for many families. These individuals are now nearing the end of their initial five-year period after obtaining permanent residence, raising concerns that they may not have met the residency obligation.

To maintain your permanent residence status, you must meet the residency obligation, which is 730 days in the previous five-year period. The ‘start date’ of this five-year period is always today’s date. It is not the date the permanent residence card was issued. The five-year period does not end on the day the permanent resident card expires. As citizenship is not tied to the expiry date of a passport, permanent residence status is not tied to the expiry date of a permanent residence card.

Consider the following scenario:

You became a PR on January 1, 2026, and left Canada within a few days. If you have not moved to Canada by December 31, 2028, you will not meet the PR residency requirement within the five-year period after you became a permanent resident.

If you move to Canada by December 31, 2028, you cannot leave Canada for 730 days; otherwise, you will not be able to meet the residency obligation. Once you have met the residency obligation, you can travel.

If you travel on January 1, 2032, you will still be in breach of the residency obligation because you need to buffer the time you will be away. To ensure you have buffer time, you will need to be in Canada until mid-January 2032 to travel for two weeks. Otherwise, you are at risk of being issued an s. 44(1) Report upon your return.

What is a s.44(1) Report?

A s.44(1) Report is prepared if the officer is of the opinion that a permanent resident or foreign national in Canada is inadmissible. The operational manual instructs border service officers to assess a PR's residency obligation. If, following an assessment, an officer concludes that a PR has failed to comply with the residency obligation, the officer may prepare a report for inadmissibility (s. 44(1) Report). However, officers are required by the Immigration and Refugee Protection Act s.28(2)(c) to take into account humanitarian and compassionate considerations. The officers must articulate consideration of these prescribed factors in the decision to write a s.44(1) Report.

What happens if you move to Canada between January 1, 2029, and when your PR card expires?

You will be permitted to enter Canada by land or board a flight if you are flying; permanent residents have the right to enter Canada. Be prepared to be questioned by a border official as to your breach of residency obligation. If you are questioned, you must be prepared to present H&C (Humanitarian and Compassionate) submissions.

If your H&C submissions are accepted, an s. 441(1) Report will not be issued against you. However, you should not apply for a new PR card or travel until you have met the residency obligation. Any re-entry to Canada could trigger a residency investigation, as could applying for a new PR card. The golden rule is to never apply for a PR card unless you have lived in Canada for at least 730 days in the 5 years directly before you sign the application.

Also, you might not be able to apply for a SIN or provincial health insurance without a PR card. This means that you must be in Canada, but you might not have health insurance or be able to work. Thus, it is essential not to wait and get your SIN immediately after getting your PR!

If your H&C submissions are not accepted, s. 44(1) Report will be issued. This is the first step towards removing permanent residency. However, if your status is removed, you will have the right to appeal. While your appeal is pending, you can begin establishing yourself in Canada, and additional documentation about your establishment can be provided. This means that the more time waiting for the appeal, the more time to get established. You will be issued a one-year PR card as part of the appeal process (if your card has or will expire while you wait for your appeal). If the appeal is accepted, your PR is not lost.

 

Sponsoring a family member when not meeting the residency obligation

Sponsoring a family member or any other type of IRCC application could trigger a residency obligation investigation. It is ill-advised to submit a sponsorship application until you have met the residency obligation.

‘Soft Landing’ – PR card might not be issued

A ‘soft landing’ is when new Canadian immigrants briefly visit Canada before moving permanently. Arriving PRs must have their Confirmation of Permanent Residence document and a valid visa, if applicable.

Regarding the obligation to establish permanent residence, it is recognized that not everyone can move permanently to Canada by the expiry date of their Confirmation of Permanent Residency. Border officials are to deal with this situation as they are directed in the official policy manual. According to the manual, arriving PRs must satisfy a border official that they intend to establish permanent residence in Canada. Still, there may be valid reasons for not doing so immediately, and they may not be in a position to provide an address at that time. The policy manual then suggests that occasionally, it may be appropriate for arriving PRs to provide the address of a third party (friend, relative, service provider or a paid representative) in Canada to facilitate the processing and issuance of the PR card upon their arrival.

However, if there are indications that the initial entry to Canada is for a short trip, and the third-party address is provided solely for international forwarding of the PR card, the PR may be flagged with an info alert indicating that you are outside Canada. If the arriving PRs plan to leave Canada before receiving their PR cards, the officer is instructed to advise the PRs to obtain a PR travel document.