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Calculation of the 5 year Period

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Questions and Answers

What is the core residency obligation for a permanent resident of Canada as stated by Section 28 of IRPA?

Reside in Canada for 365 days (1 year) within a rolling 3-year period.
Be physically present in Canada for at least 730 days (2 years) in any given 5-year period.
Reside in Canada for a minimum of 730 days (2 years) within a rolling 5-year timeframe. (correct)
Maintain Canadian residency for 1095 (3 years) days during any 7 year rolling period

How is the 5-year period defined for calculating the residency obligation?

It's a fixed period starting from the date the individual initially landed in Canada as a Permanent Resident.
It's a rolling period, calculated from the date the residency status is reviewed, looking back five years. (correct)
The period begins on the date an application for a PR card is submitted and ends precisely 5 years later.
It's the immediate five years prior to the most recent date of entry into Canada.

What happens if a permanent resident fails to fulfill the residency obligation?

They are granted an automatic extension to meet the requirement.
They may lose their PR status and face removal from Canada. (correct)
Their PR status converts to temporary resident status.
They are required to complete a mandatory integration program.

In which situations is a permanent resident's adherence to the residency obligation typically assessed?

<p>When they apply for a PRTD outside Canada, re-enter Canada and face PR status review at the border, or when they apply to renew their PR card. (D)</p> Signup and view all the answers

Suppose a PR has resided in Canada for 600 days and their 5-year anniversary of becoming a PR is in 8 months. What happens to their PR status if they do not accrue 730 days by the anniversary date?

<p>Their PR status could be revoked unless humanitarian and compassionate grounds apply (D)</p> Signup and view all the answers

Flashcards

Section 28 IRPA

Legal requirement for PR to maintain residency in Canada.

Residency Requirement

PR must be present in Canada for 730 days within 5 years.

Rolling Period

The 5-year assessment period continuously updates based on presence.

Assessment Events

Circumstances when PR status is reviewed by officers.

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Humanitarian Grounds

Conditions that may prevent loss of PR status despite residency failure.

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Study Notes

Permanent Resident Residency Requirements (IRPA Section 28)

Permanent residents (PRs) must meet residency requirements to maintain their status.
This involves being physically present in Canada for at least 730 days (2 years) within a 5-year period.
Failure to meet this obligation can lead to loss of PR status and potential removal from Canada.

Calculating the Five-Year Period

The 5-year period is calculated cumulatively.
If a PR has been in Canada for at least 730 days within the last 5 years of a review, they meet the requirement.
If a PR hasn't met the 730-day requirement within the 5-year period, they must show they will meet the requirement by their 5-year anniversary as a PR.
Assessments occur when applying for a PR Travel Document (PRTD) outside Canada, re-entering Canada, or renewing a PR card.
If a PR is outside Canada and doesn't meet the 730-day requirement at assessment, they may lose their PR status, barring compelling humanitarian and compassionate considerations.

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Description

This quiz focuses on the residency requirements for permanent residents in Canada as outlined in IRPA Section 28. It covers the necessary physical presence, the calculation of the five-year period, and the implications of not meeting these requirements. Test your understanding of these important regulations to maintain your PR status.