18/09/2026
Fulfilling your Canada Permanent Residency (PR) obligation is critical! Under Section 28 of the Immigration and Refugee Protection Act (IRPA), permanent residents must be physically present in Canada for at least 730 days within a 5-year period. Falling short can lead to a refusal of a Permanent Resident Travel Document (PRTD) and loss of your PR status.
However, if you fail to meet the 730-day requirement, your case isn't automatically lost. Under Section 67(1)(c) of IRPA, special relief can be granted on Humanitarian and Compassionate (H&C) grounds.
To win an H&C appeal, providing a genuine, compelling, and fully documented reason for your absence is essential. Here is how H&C considerations work in real life, based on a recent Immigration Appeal Division (IAD) decision (Case TC5-25435):
Case Summary: Parvin Jaafar Zadegan v. MCI
• The Non-Compliance: The appellant spent only 24 days in Canada out of the required 730 days during her 5-year assessment period—a very high degree of non-compliance.
• The Reasoning: She is a pediatric physician who landed in Canada in 2013 and returned to Iran to settle her financial affairs. Unexpectedly, both of her parents became severely ill. Being a doctor, single, and living with them, she became their primary caregiver through severe illnesses (including rheumatoid arthritis, sepsis, heart attack, and stroke) and managed their care during COVID-19 pandemic restrictions.
• The Return Effort: She applied for a PRTD in early 2023 at the first opportunity once her family arranged for her brother to take over her father's care.
• Why the Appeal Was Accepted: Despite having high non-compliance and zero financial or employment establishment in Canada, the IAD allowed her appeal. The Panel found her explanation credible, compelling, and well-reasoned. Her medical background gave her a unique ability to provide specialized care, her fear of travel restrictions during COVID-19 was reasonable, she returned at the first opportunity, and she demonstrated strong family ties to her uncle in Canada.
Key Takeaway: When navigating complex PR residency obligation appeals or H&C considerations, presenting credible evidence and a clear legal argument is everything. Because every case turns on its specific facts, it is strongly advisable to consult a licensed RCIC-IRB or an experienced Immigration Lawyer to present your strongest case.
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