Here’s What Happens If You Didn’t Meet the 730-Day Requirement

If you’re a Canadian Permanent Resident and your PR card has expired — or is about to expire — you might be wondering how your time spent outside of Canada affects your status. The key rule to know is this: to maintain permanent residency, you must be physically present in Canada for at least 730 days within every 5-year period.

But what if you didn’t meet that threshold? What if you’re stuck abroad and your card is expired? Or worse, what if you didn’t even know about the 730-day rule until now? Don’t panic. You may still have options.

In this guide, we’ll walk through what the 730-day rule means, what happens when you fall short, and what you can do to preserve your PR status or return to Canada legally.

What Is the 730-Day Rule?

The 730-day rule is part of the Immigration and Refugee Protection Act (IRPA). It requires permanent residents to be physically present in Canada for at least 730 days (two years) in a five-year span to maintain their PR status.

• These days do not need to be consecutive.

• Time is calculated on a rolling basis.

• If you renew your PR card, IRCC (Immigration, Refugees and Citizenship Canada) will assess the last five years from the date of your application.

It's worth noting that your PR status doesn’t automatically expire when your PR card does. The card is just a travel document — your status continues unless it's officially revoked.

What Happens If You Don’t Meet the Residency Requirement?

If you apply to renew your PR card and you haven’t met the 730-day requirement, IRCC will likely begin a residency obligation review. This could result in the loss of your permanent resident status.

The consequences vary based on whether you are inside or outside of Canada:

• If you're in Canada, you are still a PR until IRCC makes a formal decision to revoke your status.

• If you're outside of Canada and try to return with an expired PR card, you may need to apply for a Permanent Resident Travel Document (PRTD). If denied, this may lead to a formal determination that you no longer meet the PR obligations.

Exceptions: When Time Abroad Still Counts

Not all time spent outside Canada is counted against you. There are exceptions that allow time abroad to count toward your residency obligation:

1. Accompanying a Canadian Citizen

If you were accompanying a Canadian citizen spouse, common-law partner, or parent (if you're a dependent child), your time abroad may count as time in Canada.

2. Employment with a Canadian Business

If you were employed full-time by a Canadian business or the public service, and assigned to a position outside Canada, that time may also count.

3. Humanitarian and Compassionate Grounds

If your time abroad was due to serious reasons — like caring for a dying family member, political unrest, or a personal health crisis — you can ask IRCC to consider humanitarian and compassionate (H&C) grounds for maintaining your PR.

These exceptions are not automatic and must be supported with detailed documentation.

Applying for a Permanent Resident Travel Document (PRTD)

If you're overseas with an expired PR card, you will likely need a PRTD to return to Canada by commercial airline.

To qualify for a PRTD, you must:

• Still hold valid PR status (not officially revoked)

• Provide evidence of meeting the 730-day requirement or qualify under one of the exceptions

The PRTD application is submitted to a visa office in your country of residence, and decisions can take several weeks. If refused, IRCC may begin proceedings to revoke your PR status.

Why PRTD Applications Are Often Refused:

• Weak documentation

• Misunderstanding of what counts toward residency

• Failure to clearly explain absence or hardship

Having a lawyer assist with your PRTD application can significantly improve your chances of success.

What If You’re Still in Canada But Under the 730-Day Limit?

Good news: if you’re physically in Canada, even if you’re short of the 730-day threshold, your PR status is still intact until IRCC formally revokes it.

This means:

• You can remain in Canada legally.

• You can wait until you accumulate more physical presence days before applying to renew your PR card.

• You should not travel outside of Canada until your status is secure, as re-entry without a valid PR card is complicated.

You can also seek legal advice before renewing your PR card if you're unsure about your physical presence calculations.

Can You Appeal a PR Status Loss?

Yes. If the IRCC decision maker notifies you that your status is being revoked due to non-compliance, you may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). You should be mindful that your appeal rights expire. If the decision to revoke your status was made outside of Canada, the Notice of Appeal must be provided to the IAD no later than 60 days after receiving the written decision. If the decision was made at an examination inside Canada, the Notice of Appeal must be provided to the IAD no later than 30 days after you receive the removal order.  

The notice is not a final revocation – it’s a warning or decision you can challenge. Losing PR status is final if you don’t respond, don’t appeal, or your appeal is unsuccessful. Legal representation is highly recommended in these cases, especially if you plan to argue based on humanitarian or compassionate grounds. 

Our Legal Support: How We Help Permanent Residents

Whether you’re still in Canada or currently abroad, we help clients at every stage of the PR recovery process:

• Reviewing travel history and calculating residency days

• Preparing and submitting PRTD applications

• Drafting humanitarian and compassionate letters

• Appealing PR status loss decisions

• Strategically planning PR card renewal timing

We also assist with family sponsorships, citizenship applications, and long-term immigration planning.

Final Thoughts

Losing your PR status isn’t always as final as it seems. If you’re under the 730-day requirement or facing challenges returning to Canada, professional support can make all the difference. Every day you wait can impact your ability to appeal or reapply — so don’t delay.

Book a consultation today to speak with an immigration lawyer and protect your status. We’ll help you create a clear, confident plan to stay in or return to Canada.