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ENF 23 Made Simple: How to Keep Your Canadian Permanent Resident Status

If you are a Canadian permanent resident (PR), you must follow certain residency rules to keep your status. The official rulebook for this is ENF 23: Loss of Permanent Resident Status, published by Immigration, Refugees and Citizenship Canada (IRCC).

This guide explains ENF 23 in plain, simple language. You will learn:

• The basic 730-day residency rule.
• How time outside Canada can still count.
• What happens if you do not meet the rule.
• How humanitarian and compassionate (H&C) grounds can help you.
• What to do if you want to voluntarily give up your PR status.

What is ENF 23? (In Plain English)

ENF 23 is a manual for immigration officers. It tells them how to decide if a permanent resident has lost their status. But it is also very useful for you, the PR, because it explains exactly what you need to do to keep your status.

The most important thing to know: Canada wants you to be physically present in the country. Unlike the old rules (which focused on your "intent" to live in Canada), the new rules under the Immigration and Refugee Protection Act (IRPA) focus on counting days.

The Most Important Rule: The 730-Day Residency Obligation

Under section A28(2)(a) of IRPA, you meet your residency obligation if you are physically present in Canada for at least 730 days (that is 2 years) out of every rolling 5-year period.

Key point: This is not a one-time test. It is a continuous obligation. At any moment, when an officer looks back at the last 5 years, you must have at least 730 days in Canada (or qualify for an exception).

How to Count Days

Rule	Explanation
Any part of a day counts as a full day	Even if you land in Canada at 11:59 PM, that counts as one full day of physical presence.
The 5-year period stops on certain dates	The clock stops on the day a report is written against you (A44(1)) or a decision is made outside Canada that you failed the obligation. It starts again only if you are later found compliant.

The 5 Ways to Meet the Residency Obligation

You do not always have to be in Canada. The law gives you five ways to reach 730 days.

Way	Description	Key Condition
1. Physical presence in Canada	You are inside Canada.	Any part of a day counts.
2. Accompanying a Canadian citizen spouse, common-law partner, or parent	You are outside Canada with a Canadian citizen who is your spouse, partner, or parent.	You must "ordinarily reside" with them. No need to prove purpose or intent.
3. Full-time employment abroad for a Canadian business or government	You work full-time outside Canada for a qualified Canadian business, or for the federal or provincial public service.	The employer must be a true Canadian business (not created just to help you meet the rule). Your assignment must be temporary and controlled from Canada.
4. Accompanying a permanent resident spouse, partner, or parent who works abroad for a Canadian entity	You are outside Canada with a PR spouse/partner/parent who is themselves employed full-time by a Canadian business or government.	The PR you accompany must be compliant with their own residency obligation.
5. Humanitarian and compassionate (H&C) grounds	Even if you fail the above, an officer can let you keep PR status if H&C reasons justify it.	You must prove the hardship of losing status is unusual, undeserved, or disproportionate. The best interests of a child are a key factor.

Deep Dive: Working Abroad for a Canadian Business (Way #3)

This is one of the most common questions. The rules are strict.

What Counts as a "Canadian Business" (R61(1))?

To qualify, the business must:

• Be incorporated under Canadian laws (federal or provincial) and have an ongoing operation in Canada.
• Or, be an enterprise (like a partnership) that operates in Canada for profit, with majority ownership by Canadians or PRs.
• Or, be a crown corporation, university, hospital, or other organization created by Canadian law.

What does NOT count: A business created primarily to help you meet the residency obligation while you live abroad.

What Counts as "Full-time Employment Abroad" (R61(3))?

Your job abroad must meet all five of these conditions:

1. You are under contract to, or are a full-time employee of, a Canadian business or government.
2. Your assignment is controlled from the head office in Canada.
3. You are assigned abroad as a term of your employment (not by your own choice).
4. The assignment is temporary.
5. You will return to work for the same employer in Canada after the assignment ends.

Example that works: A Toronto-based tech company sends you to manage a client project in Singapore for 18 months. You remain on their payroll, report to Toronto, and will return to your Toronto office afterward.

Example that fails: You quit your Canadian job, move to the US, and then find a job with a Canadian company's US branch on your own. That is not a "temporary assignment" controlled from Canada.

Documents You Need to Prove Work Abroad

If you claim this exception, you must provide evidence. A simple letter from your employer is not always enough. Officers may ask for:

Document Type	Examples
Employer declaration letter	Must state the business is Canadian, has ongoing operations in Canada, details your assignment abroad, and confirms it is temporary and controlled from Canada.
Corporate documents	Articles of incorporation, business license, annual reports, Canadian tax assessments.
Employment records	Employee assignment agreement, contract, pay stubs, T4 slips.
Assignment details	Copy of any agreement between the Canadian business and the foreign client or affiliate.

Deep Dive: Accompanying a Canadian Citizen (Way #2)

This is simpler. If you are outside Canada with your Canadian citizen spouse, common-law partner, or parent (and you are a child under 22), every day counts as a day in Canada.

• No need to prove who is accompanying whom. It does not matter if the Canadian citizen is working, studying, or retired.
• No need to prove intent. You do not have to show you planned to return to Canada.

Important: For a child to qualify, they must be under 22 years old and never have been married or in a common-law relationship (R61(6)). Once the child turns 22, they can no longer use this exception unless they have a mental or physical disability that makes them dependent.

Deep Dive: Humanitarian and Compassionate (H&C) Grounds (Way #5)

This is the "safety valve." If you fail the 730-day rule, an officer must consider H&C factors before taking away your status.

What Kinds of Factors Can Help?

Officers look at the circumstances that caused you to be outside Canada. They ask:

Factor	Questions the Officer Considers
Extent of non-compliance	How many days were you actually in Canada? Were you outside for more than 3 of the last 5 years?
Circumstances beyond your control	Were you unable to return due to a medical condition (yours or a family member's)? Could alternative care have been arranged, or was it your choice to stay abroad?
Return at earliest opportunity	Are you coming back to Canada now as soon as you possibly can?
Leaving as a child	Did you leave Canada as a minor accompanying your parents? (Note: Under IRPA, this no longer automatically saves you, but it is a factor.)
Establishment in Canada	Do you own a home, have a job, bank account, or family in Canada?
Establishment outside Canada	Have you taken citizenship or permanent residency in another country?
Hardship to family in Canada	Would losing your status cause hardship to your Canadian citizen or PR family members, especially children?

The "Best Interests of a Child" (BIOC)

Officers must consider how a loss of PR status would affect any child directly involved. This is a legal requirement from the Supreme Court decision in Baker v. M.C.I. (see Appendix A of ENF 23).

Onus is on YOU

You must provide the evidence. The officer does not have to search for reasons to help you. If you want H&C consideration, you must explain:

• Why you were outside Canada.
• Why you could not return.
• What hardship you or your family will face if you lose PR status.

Special Situations

If You Have Been a PR for Less Than 5 Years

The officer looks forward, not back. You must show that you will be able to meet the 730-day rule within the first 5 years after you became a PR.

Example: You became a PR 2 years ago. You have been outside Canada for 1.5 of those years. You have 3 years left in your first 5-year period. The officer calculates: Can you still reach 730 days in the remaining time? If yes, you are compliant for now. But you are warned that you must spend more time in Canada.

If You Have a "Returning Resident Permit" from the Old Rules

If you held a Returning Resident Permit under the old Immigration Act, transitional rules (R328(2) and (3)) allow that time abroad to count toward the 730 days under IRPA, as long as the permit was valid.

What Happens If You Do NOT Meet the Obligation?

Loss of PR Status (A46)

You lose your PR status if:

Situation	When Loss Happens
A decision is made outside Canada that you failed the obligation, and you do not appeal within 60 days (or you appeal and lose).	On the later of the 60-day deadline or the final appeal decision.
A removal order is made against you at a port of entry or inland (based on an A44 report for failing the obligation), and you do not appeal within 30 days (or you appeal and lose).	When the removal order comes into force (after the appeal period ends or appeal is dismissed).
You voluntarily relinquish your PR status (see below).	On the date you sign the declaration.
You become a Canadian citizen.	On the date you take the oath.

The A44 Report Process

If an officer believes you failed the residency obligation, they will:

1. Write an A44(1) report (inadmissibility report).
2. Recommend a departure order.
3. Give you a chance to provide H&C arguments.
4. If the report is referred, you may have a hearing at the Immigration Division (ID).
5. You have a right to appeal to the Immigration Appeal Division (IAD) under A63(3) or A63(4).

Important: The officer cannot immediately seize your Record of Landing (IMM 1000) or your PR card just because they write a report. You remain a PR until the appeal period ends or you lose your appeal.

How to Voluntarily Give Up (Relinquish) Your PR Status

Sometimes you may want to give up your PR status. For example:

• You have been outside Canada for many years and no longer wish to keep PR status.
• You need to accept a job with a foreign government (including a diplomatic posting) that requires you to give up Canadian PR.
• You need to renounce PR status to qualify for citizenship in another country.

ENF 23 Policy on Voluntary Relinquishment

The Department allows voluntary relinquishment only in limited circumstances. You cannot use it to avoid a removal order for serious criminality or security grounds.

To voluntarily relinquish:

1. You must sign the IMM 5538B form (Declaration – Voluntary Relinquishment of Permanent Resident Status).
2. You must not be the subject of an A44 report for non-residency that has been referred to the Immigration Division (unless the only issue is residency).
3. If you are compliant with the residency obligation, you may also sign IMM 5539B (Declaration – Relinquishment When Residency Obligation is Met).

Once you sign, you lose PR status immediately. You become a foreign national. You may then apply for a temporary resident visa (visitor visa) if you wish to enter Canada.

Can you change your mind? If you withdraw your declaration before it is acted upon, it is allowed. But if the relinquishment has already been processed and recorded, you cannot undo it. You would have to apply for permanent residence again from scratch.

Practical Tips for Permanent Residents

1. Keep a travel log. Save your boarding passes, flight itineraries, and entry/exit stamps. Count your days in Canada.
2. If working abroad: Get a detailed letter from your Canadian employer before you leave, confirming the assignment is temporary and controlled from Canada.
3. If accompanying a Canadian citizen spouse: Keep proof of your relationship (marriage certificate) and that you live together (joint lease, utility bills).
4. If you are a PR who is close to failing the 730-day rule: Consider returning to Canada well before the 5-year mark. Do not wait for an officer to examine you at the border.
5. If you have H&C reasons: Gather medical records, letters from doctors, proof of family ties in Canada, and a detailed written explanation. Do not assume the officer will know your story.

Key Forms You Might Encounter

Form Number	Name	Purpose
IMM 0056B	Certificate of Departure	Used when a PR leaves Canada before a removal order is final.
IMM 1000B	Immigrant Visa and Record of Landing	The old (pre-2002) proof of PR status.
IMM 1342B	Confiscated or Voluntarily Surrendered IMM 1000	For surrendering old landing records.
IMM 5511B	Questionnaire: Determination of Permanent Resident Status	A form officers may use to collect information from you.
IMM 5538B	Declaration – Voluntary Relinquishment of PR Status	To give up your PR status (for those not meeting the obligation).
IMM 5539B	Declaration – Relinquishment When Residency Obligation is Met	To give up your PR status even though you are compliant.

What the Officer Considers – A Simple Checklist

If you are examined at a port of entry or overseas, the officer will go through this mental checklist:

Step	Action
Step 1	Ask the PR to provide evidence of days physically present in Canada in the last 5 years.
Step 2	Count those days. If 730 or more → Compliant. Stop.
Step 3	If less than 730, ask about exceptions: accompanying Canadian citizen, working abroad for Canadian business, etc.
Step 4	Add any days that qualify under exceptions. If total now 730 or more → Compliant. Stop.
Step 5	If still less than 730, ask the PR to present H&C arguments.
Step 6	Assess H&C factors, including best interests of any child.
Step 7	If H&C justify retention → Compliant despite breach.
Step 8	If not justified → Write A44(1) report for failing A28. Recommend departure order.

Final Summary: How to Keep Your PR Status

Do This	Avoid This
Spend at least 730 days in Canada in every 5-year period.	Stay outside Canada for more than 3 years in any 5-year period without an exception.
If working abroad, get a proper temporary assignment from a real Canadian business.	Quit your Canadian job and work abroad on your own.
Keep proof of accompanying your Canadian citizen spouse.	Assume that living abroad with a Canadian spouse automatically counts without documentation.
Return to Canada as soon as possible if you have been away for a long time.	Wait until you are at the border with a weak case.
If you have H&C reasons, prepare a strong written explanation with evidence.	Assume the officer will guess your hardship.
Apply for a PR card renewal on time (every 5 years).	Let your PR card expire while outside Canada for many years.

Where to Get Help

• IRCC website: Official information on residency obligations.
• Immigration Appeal Division (IAD): If you lose your status, you have a right to appeal.
• Lawyer or licensed immigration consultant: For complex cases, especially involving H&C arguments or appeals.

Bottom line: ENF 23 makes one thing very clear: Canada's residency rules are now based on counting days, not reading minds. Keep track of your time, understand the exceptions, and if life gets in the way, be ready to explain why with evidence. Your permanent resident status is valuable – protect it.

Disclaimer: This article summarizes the official ENF 23 manual for informational purposes. It is not legal advice. For decisions about your specific situation, consult the official IRCC website or a qualified immigration professional.

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