Residency rules for immigrants

New rules provide an objective test in determining if individual has abandoned Canada as a place of residence, but caselaw shows a subjective element is still present in evaluating a permanent resident’s conduct
By Sergio Karas
|Canadian Employment Law Today

The

Immigration and Refugee Protection Act

(IRPA) states in s. 28 that a permanent resident must, with respect to every five year period, be physically present in Canada for a total of 730 days unless she is outside Canada and fits in one of the exemptions specifically provided for in the legislation. Such exemptions from the physical residency requirement are: