Q & A: Maintaining Residency

Published: October 1, 2002

Q. If an individual landed in Canada 3 years ago, and was subsequently absent with a valid Returning Resident Permit for 2 years, is he eligible to return to Canada now? Will status be lost since he has been absent for more than 183 days without the RRP?

Answer: The 2/5 year rule applies to all permanent residents, including those who landed prior to its implementation. Time spent absent from Canada with a valid returning resident permit will generally be considered as time spent resident in Canada for the purpose of the evaluation of residency under this rule. The 183 Day Rule is no longer a factor in deciding residency status.

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