Residency Obligation for Canadian Permanent Residents: Starting from CoPR or PR Card

Understanding the requirements for maintaining permanent residence in Canada is crucial for any individual seeking to remain in the country long-term. One of the critical elements to consider is the 2 out of 5-year residency obligation. This obligation begins from the date you receive your Confirmation of Permanent Residence (CoPR), not from the date you get your Permanent Resident (PR) card. In this article, we will clarify this distinction and provide you with essential information to ensure compliance.

CoPR vs. PR Card

The CoPR is the official document that confirms your status as a permanent resident. It is an important document that outlines your rights and obligations as a permanent resident of Canada. The CoPR also informs you of the residency requirements and the obligation to spend two years out of every five in Canada.

The PR card, on the other hand, is used primarily for travel and identification purposes. While the PR card is issued to permanent residents, the CoPR is the official document that signals your permanent residence status.

Starting Date of Residence Obligation

Your 2 out of 5-year residency obligation starts the day you are first admitted to Canada as a Permanent Resident. This date is clearly marked on your CoPR, listed as item 45 'Became P.R. On:' and also stamped in your passport. At the time of your admission, you become a permanent resident, and you are legally obligated to meet the residence requirements from that point onward.

The PR card, though useful for travel, is merely a travel document. It is not mandatory to possess a PR card unless you plan to travel outside of Canada. Therefore, the residency obligation starts immediately after receiving your CoPR.

Compliance with Residency Obligation

It is essential to remain compliant with the residency obligation, as this will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) under certain circumstances:

When applying to re-enter Canada after a trip abroad When applying for a replacement PR card When applying for a Permanent Resident Travel Document (PRTD) When applying for Canadian citizenship

For citizenship applications, the physical presence requirement is more stringent. This means that even if you meet the citizenship residency requirement, you must still meet the PR residency obligation to maintain your permanent resident status.

Checking Period of Compliance

The period checked for residency compliance is the five years immediately preceding the date of the applicable application or the date of issuance of the PR card or PRTD.

If it has been less than five years since a person became a PR, only the period of time they have been a PR will be checked. If one has not been compliant with the obligation, a CBSA or IRCC official can write an inadmissibility report. If the report is founded and not appealed, the PR will lose their PR status and be asked to leave Canada.

Conclusion

Understanding the difference between your CoPR and PR card is crucial for maintaining your permanent resident status in Canada. The residency obligation begins with your admission to Canada as a permanent resident and is based on the start date marked on your CoPR. It is essential to keep track of your time spent in Canada to ensure you meet these requirements. Failure to comply can lead to inadmissibility and the loss of your permanent resident status.