Residency Obligation

Time spent outside of Canada

You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your

• • spouse or common-law partner; or

  • parent, if you are less than 22 years of age.

Evidence that you are accompanying a Canadian citizen

You must provide supporting documents to prove that:

• • The person you are accompanying is a Canadian citizen; and

  • You are the spouse, common-law partner or child of that person.

Supporting documents may include:

• • marriage licence

  • child’s birth certificate, baptismal document, and/or adoption or guardianship document

  • school and/or employment records

  • association or club memberships

  • passports or other travel documents

  • documents indicating the status of the person you are accompanying

OPTION 2. Employment outside Canada

You may count each day you worked outside Canada provided that your employment meets the following criteria:

• • you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province; and

  • you are assigned on a full-time basis to:

    • • a position outside Canada;

      • an affiliated enterprise outside Canada; or

      • a client of the Canadian business or the public service outside Canada.

For the purposes of this application, a Canadian business is defined as:

• • a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

  • an enterprise that has:

    • 1. an ongoing operation in Canada;

      2. is capable of generating revenue;

      3. is carried out in anticipation of profit;

      4. in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above; or

  • an organization or enterprise created by the laws of Canada or a province.

Supporting documents:

You must enclose a letter of declaration signed by an official of the business that indicates:

• • the position and title of the signing official;

  • the nature of the business and how it fits the description of a Canadian business (see definition above);

  • details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad;

  • confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation.

You may also include:

• • articles of incorporation and business licences

  • partnership agreements and / or corporate annual reports

  • corporate Canadian Income Tax Notices of Assessment and / or financial statements

  • copies of the Employee Assignment Agreement or Contract

  • copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business

  • Pay Statement(s)

  • Canadian Income Tax Notice of Assessment

  • T4 slips

OPTION 3. Accompanying a permanent resident outside Canada

You may count each day you accompanied a permanent resident outside Canada provided that:

• • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age); and

  • he or she was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province during the period you accompanied him or her.

Evidence that you are accompanying a permanent resident

You must provide supporting documents to prove that:

• • The person you are accompanying is a permanent resident;

  • You are the spouse, common-law partner or child of that person; and

  • The permanent resident you are accompanying meets his or her own residency obligation

Supporting documents may include:

• • marriage license

  • child’s birth certificate, baptismal document, and/or adoption or guardianship document

  • school and/or employment records

  • association or club memberships

  • passports or other travel documents

  • documents indicating that the person you are accompanying meets his or her own residency obligation

OPTION 4. Absence while in possession of a valid Returning Resident Permit.

You may count each day you spent outside of Canada with a valid Returning Resident Permit.

Humanitarian and compassionate grounds

If you are unable to meet the residency obligation, CIC will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status.

CIC will notify you if this additional assessment is required.

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