Permanent
Residence in Canada
With
Permanent Residence status in Canada you obtain the same
rights and responsibilities as all Canadian citizens. You do
not, however, have the right to vote or
to hold a Canadian passport. You have the legal right to live
and work in any part of the country you choose and have access
to all other social benefits and programs available nationally,
provincially and territorially including free primary and secondary
education & medical insurance regardless of your original
province of destination.
Mobility of citizens
6. (1) Every citizen of Canada has the right to enter,
remain in and leave Canada.
Rights to move and gain livelihood (2) Every citizen of Canada
and every person who has the status of a permanent resident of
Canada has the right
a) to move to and take up residence in any province; and
b) to pursue the gaining of a livelihood in any province.
To maintain your Permanent Residence status you must physically
reside in Canada for 2 years in each 5 year period and
fulfill the Residency Obligation as stated in the Immigration
and Refugee Protection Act as follows:
Section
28. Residency Obligation
(1) A permanent resident must comply with a residency
obligation with respect to every five-year period.
(2) The following provisions govern the residency obligation
under subsection (1):
(a) a permanent resident complies with the residency obligation
with respect to a five-year period if, on each of a total of at
least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who
is their spouse or common-law partner or, in the case of a child,
their parent,
(iii) outside Canada employed on a full-time basis by a
Canadian business or in the public service of Canada or of a province,
(iv) outside Canada accompanying a permanent resident who
is their spouse or common-law partner or, in the case of a child,
their parent and who is employed on a full-time basis by a Canadian
business or in the public service of Canada or of a province,
or
(v) referred to in regulations providing for other means
of compliance;
(b) it is sufficient for a permanent resident to demonstrate
at examination.
(i) if they have been a permanent resident for less than
five years, that they will be able to meet the residency obligation
in respect of the five-year period immediately after they became
a permanent resident;
(ii) if they have been a permanent resident for five years
or more, that they have met the residency obligation in respect
of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and
compassionate considerations relating to a permanent resident,
taking into account the best interests of a child directly affected
by the determination, justify the retention of permanent resident
status overcomes any breach of the residency obligation prior
to the determination.