Residency Obligations

Caregivers are recognized by Canada because of the important work that they do in the country. They provide care and support to the children, senior citizens, and others who require the care in Canada. To ensure that there are always enough caregiver workers in the country, Canada offers a wide range of programs to help them find work and also gain permanent residency in the process.

Canada offers the following programs for the caregivers:

Interim Pathway for Caregivers

The Interim Pathway for Caregivers is a temporary program running from March 4th to June 4th, 2019. Foreign caregivers with Canadian experience will be able to apply for permanent resident status. The program allows individuals with Canadian work experience as home child care providers or home support workers to apply for permanent resident status.

Home Child Care Provider Pilot

The Home Child Care Provider Pilot is designed to bring workers with experience as Home Child Care Providers (NOC 4411) to Canada on temporary work permits, with the ability to apply for permanent residence after gaining enough work experience. This program opened to applications on June 18th, 2019, with a maximum of 2,750 candidates and their immediate families accepted yearly.

Home Support Worker Pilot

The Home Support Worker Pilot is designed to bring workers with experience as Home Support Workers (NOC 4412) to Canada on temporary work permits, with the ability to apply for permanent residence after gaining enough work experience. This program opened to applications on June 18th, 2019, with a maximum of 2,750 candidates and their immediate families accepted yearly.

In order to maintain the Permanent Residence status in Canada, the person must meet a minimum residency obligation. This refers to the person’s physical presence inside Canada for a period of time.

Canada’s residency obligation for permanent residents requires a person to be physically present inside of Canada for at least 730 days within a five-year period, or to meet one of the following situations:

  • The person is outside of Canada accompanying a Canadian citizen who is their spouse or common-law partner, or the person is a child accompanying their parent;
  • The person is outside of Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a Canadian province;
  • The person is an accompanying spouse, common-law partner, or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a Canadian province.

Generally, a permanent resident is assessed for residency obligations only when they are applying for a permanent resident card renewal, permanent resident travel document, or a Canadian citizenship. If the person has Canadian permanent residence for a period of more than five years, the residency obligation will be calculated based on the five years prior to the date that the visa office received the application.

If a person has been a Canadian permanent resident for a period less than five years, they become eligible for a Permanent Resident Card Renewal or a PRTD only if they can demonstrate that they have been in the country for a period of 730 days within the five year period.

Determination of Status

A permanent resident of Canada can only lose their status through a formal determination of status. Any time a permanent resident applies for a PR card renewal or a permanent resident travel document (PRTD), a visa officer will conduct an official determination of status to see if the person has met their residency obligations and has no other barriers from renewal.

Until this formal determination has been completed a person will technically remain a permanent resident of Canada. If a permanent resident is aware that they have not met their residency obligation, they may formally renounce their permanent resident status.

Residency Obligations and Provincial Nominations

Canadian citizens and permanent residents hold the right to live and work in any province in Canada, as found in Section 6 of the Canadian Charter of Rights and Freedoms. These rights begin when Canadian permanent residence is activated. It is important to note that while Canadian citizens and permanent residents have constitutionally protected mobility rights, Canadian law determines that immigrants belonging to the provincial nomination class must intend to reside in the province that has nominated them.

If the intention to reside in the selecting province is found never to have been sincere, applicants risk being found guilty of misrepresentation which can result in loss of status and inadmissibility to Canada for five years. Misrepresentation is a criminal offence in Canada, and can have devastating effects on your immigration application and status in Canada. Applicants interested in selection by a Canadian province must show intention to reside in the province upon landing.

Provincial Nominee Programs