I went over my days outside Canada do I automatically lose my permanent residence?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
In Canada, s. 28 of the Immigration and Refugee Protection Act provides that an officer may disregard a breach of the residency obligation where humanitarian and compassionate considerations justify it, taking into account in particular the best interests of a child directly affected.
In detail
Falling short of the 730 days does not, on the wording of the Act itself, produce an automatic consequence. Section 28 expressly reserves the consideration of humanitarian and compassionate circumstances.
The Act refers in particular to the best interests of a child directly affected by the decision. The other circumstances are not listed exhaustively: they are assessed on the facts presented.
Nothing in this provision makes it possible to predict the outcome of a given file. What the text establishes is that this consideration exists and that it rests on the person's own circumstances.
What to document
What explains the absences, with dates: a relative's illness and the medical documents, a death, childcare obligations, employment, travel restrictions. Also note the ties you kept with Canada (housing, family, taxes, accounts). A continuous timeline is worth more than a general explanation.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.
Official sources
Related questions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.