Podcast
Questions and Answers
What is the primary assessment officers should conduct when determining a permanent resident's fulfillment of the residency obligation?
What is the primary assessment officers should conduct when determining a permanent resident's fulfillment of the residency obligation?
- Calculate the total number of days the individual resided with a Canadian citizen abroad.
- Evaluate humanitarian and compassionate considerations.
- Calculate the cumulative number of days physically present in Canada. (correct)
- Verify employment with a Canadian business or public service abroad.
According to IRPA, who bears the responsibility of demonstrating that the residency obligation has been met?
According to IRPA, who bears the responsibility of demonstrating that the residency obligation has been met?
- The Canadian citizen sponsoring the permanent resident
- The officer assessing the residency obligation
- The permanent resident (correct)
- The Canadian business or public service employing the permanent resident abroad
Which of the scenarios could count towards fulfilling the residency obligation?
Which of the scenarios could count towards fulfilling the residency obligation?
- Volunteering for a Canadian non-profit organization abroad.
- Residing with a Canadian citizen sibling abroad.
- Full-time employment with a prescribed Canadian business abroad. (correct)
- Part-time employment with a foreign company in Canada.
If a permanent resident hasn't accumulated 730 days of physical presence, what is the next step in the assessment?
If a permanent resident hasn't accumulated 730 days of physical presence, what is the next step in the assessment?
What type of documentation is a permanent resident expected to provide to demonstrate fulfillment of the residency obligation?
What type of documentation is a permanent resident expected to provide to demonstrate fulfillment of the residency obligation?
What is the role of humanitarian and compassionate considerations in the residency obligation assessment?
What is the role of humanitarian and compassionate considerations in the residency obligation assessment?
Which of these scenarios fulfills the residency obligation through accompanying a family member?
Which of these scenarios fulfills the residency obligation through accompanying a family member?
What is the significance of A28(2)(b) and A31(3) in the context of the residency obligation?
What is the significance of A28(2)(b) and A31(3) in the context of the residency obligation?
What is the primary basis for the residency obligation outlined in the Immigration and Refugee Protection Act?
What is the primary basis for the residency obligation outlined in the Immigration and Refugee Protection Act?
How many days of physical presence in Canada are generally required for a permanent resident to fulfill their residency obligation within a five-year period?
How many days of physical presence in Canada are generally required for a permanent resident to fulfill their residency obligation within a five-year period?
What does the five-year period for assessing residency obligation EXCLUDE, according to R62(1) and R62(2)?
What does the five-year period for assessing residency obligation EXCLUDE, according to R62(1) and R62(2)?
How are Returning Resident Permits handled in relation to the five-year residency calculation?
How are Returning Resident Permits handled in relation to the five-year residency calculation?
If a permanent resident has held that status for less than five years, what is the basis of their residency obligation assessment?
If a permanent resident has held that status for less than five years, what is the basis of their residency obligation assessment?
What should an officer do if less than 730 days remain in the five-year period of a new permanent resident?
What should an officer do if less than 730 days remain in the five-year period of a new permanent resident?
What should an officer do if a permanent resident, who has held the status for less than five years, meets the 730-day requirement by combining current days in Canada with the remaining days in the 5-year period?
What should an officer do if a permanent resident, who has held the status for less than five years, meets the 730-day requirement by combining current days in Canada with the remaining days in the 5-year period?
When can a determination of failed residency obligation be made?
When can a determination of failed residency obligation be made?
According to the content, what must permanent residents do at examination if they've held their status for under five years?
According to the content, what must permanent residents do at examination if they've held their status for under five years?
Which systems should be used to record communication about potential residency issues?
Which systems should be used to record communication about potential residency issues?
Flashcards
Residency Obligation under IRPA
Residency Obligation under IRPA
Requirements for permanent residents to maintain their status in Canada.
Physical Presence
Physical Presence
The number of days a permanent resident is physically in Canada required to meet residency.
Accompanying a Canadian Citizen
Accompanying a Canadian Citizen
Living abroad with a spouse or parent who is a Canadian citizen to meet residency.
Employment Abroad
Employment Abroad
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Humanitarian and Compassionate Considerations
Humanitarian and Compassionate Considerations
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Burden of Proof
Burden of Proof
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Best Interests of a Child
Best Interests of a Child
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Supporting Documentation
Supporting Documentation
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Residency Obligation
Residency Obligation
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Five-Year Period
Five-Year Period
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Intent vs. Physical Presence
Intent vs. Physical Presence
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A28(2)(a)(i)
A28(2)(a)(i)
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Returning Resident Permit
Returning Resident Permit
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Assessment Factors
Assessment Factors
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Days Remaining Calculation
Days Remaining Calculation
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Compliance Notification
Compliance Notification
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Examination Procedure
Examination Procedure
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Study Notes
Residency Obligation Under IRPA
- Permanent residents can meet the obligation through physical presence in Canada, accompanying a Canadian citizen/permanent resident abroad, or employment abroad by a Canadian business/government.
- The primary requirement is physical presence in Canada for 730 days within a 5-year period (A28(2)(a)(i)).
- If the 730-day threshold isn't met, officers consider accompanying abroad, employment abroad, and humanitarian/compassionate (H&C) factors (A28(2)(c)).
- The onus is on the permanent resident to provide evidence (A28(2)(b) and A31(3)) of meeting the requirement, using credible documentation.
- There's no single document that verifies physical presence.
Calculating Physical Presence
- The IRPA focuses on physical presence or prescribed links to Canadian employers/citizens/other permanent residents (outside Canada) for fulfilling obligations.
- The 5-year period for measuring physical presence excludes days after a report of non-compliance or a decision of non-compliance outside Canada, unless later deemed complied with.
- Returning Resident Permits from previous legislation count towards the 730-day requirement (R328(2) and R328(3)).
Permanent Residents with Less Than Five Years
- Permanent residents with less than five years of status must demonstrate ability to meet the 730-day requirement in the future five-year period following their permanent resident status.
- Calculate the number of days physically present in Canada from their date of becoming a permanent resident; add that to the days remaining in the five-year period.
- If the total equals or exceeds 730 days, residency is met. Note the possibility of losing status at a later date if the 730-day threshold isn't met in a future five-year period.
- A final decision on residency is made only after considering any submitted H&C factors (A28(2)(c)).
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Description
Test your knowledge on the residency obligations for permanent residents under the Immigration and Refugee Protection Act (IRPA). This quiz covers the physical presence requirements, factors considered, and the obligations of residents to provide credible documentation. Brush up on your understanding of Canadian immigration laws and regulations.
