Count your days: what counts and what doesn't
Updated
Short of 730 days: what “humanitarian and compassionate” means
You counted your days and the total is under 730. This guide explains, using only what IRCC publishes, what you still keep, where the form asks about it, and who can advise you.
A shortfall does not end your status by itself
The rule is 730 days in Canada in the last five years. IRCC also says that even if you don't meet it, you stay a PR until an official decision is made on your status.1
IRCC lists the only ways PR status is lost: an officer determines you are no longer a PR after an inquiry or an appeal, you give it up voluntarily, a removal order comes into force, or you become a Canadian citizen.1
Note: Count first
Make sure the shortfall is real before you worry. Time with a spouse who is a citizen, or working abroad for a Canadian business, can count as days in Canada. The count-your-days guide goes through each rule.2
What “humanitarian and compassionate” means here
The law lets an officer decide that humanitarian and compassionate considerations justify keeping someone’s PR status despite a shortfall. The officer must take into account the best interests of any child directly affected.3
IRCC says: “If you cannot meet the residency obligation, it may still be possible to keep your status as a permanent resident of Canada.” It also says you must show there were exceptional circumstances or factors beyond your control that kept you living outside Canada.2
On hardship, IRCC says factors that might be acceptable are “unusual and undeserved, or disproportionate hardships”. An officer considers the factors of your case and decides on the information and documents you provide.2
Important: It is a decision, not a right
Nothing on IRCC’s pages says a given reason, number of days or kind of document will work. An officer decides case by case, and prcard.ca cannot tell you how yours would go.2
Where the PR card form asks about it
IRCC says that to be assessed on these grounds you must answer question 5.7 on the application form.2
IRCC also says there are no guidelines about the supporting documents to submit, but you must provide documents. What fits depends on your own circumstances, which is one more reason to get advice first.2
After you apply
IRCC says that if an application is refused, you receive a refusal letter explaining the reasons. IRCC’s status page mentions an inquiry or an appeal following a refusal, but does not describe how they work.1
We do not predict outcomes or processing times. For current times, see the processing-time page.
Get advice on your case
Your case depends on your own circumstances and on an officer’s decision. Speak to a lawyer or immigration consultant before you apply, and before you write anything for question 5.7.
Important: Who can advise you
Only lawyers and paralegals in a Canadian law society, Quebec notaries, and consultants who are members of the College of Immigration and Citizenship Consultants can charge you to represent you. prcard.ca counts days; it doesn’t give advice on your case.4
How many days do you have?
Add your trips and get the three totals the portal asks for. Free, and nothing leaves your browser.
Quick answers
Do I lose my PR status if I have fewer than 730 days?
Not automatically. IRCC says you stay a PR until an official decision is made on your status.
What do I have to show on humanitarian and compassionate grounds?
IRCC says you must show exceptional circumstances or factors beyond your control that kept you outside Canada. Whether yours meet that is for an officer to decide, so get advice on your case.
Which question on the PR card form is it?
Question 5.7 of the application form, according to IRCC’s Appendix A.
What documents should I send?
IRCC says there are no guidelines about the supporting documents, but you must provide documents. A licensed adviser can tell you what fits your situation.
Keep reading
Sources
- 1.canada.ca, Understand PR status. canada.ca
- 2.canada.ca, Guide 5445, Appendix A: Residency obligation. canada.ca
- 3.Immigration and Refugee Protection Act, section 28. laws-lois.justice.gc.ca
- 4.canada.ca, Learn about representatives. canada.ca