According to Canadian media reports, Section 28 of the Immigration and Refugee Protection Act (IRPA) stipulates that permanent residents must fulfill the residency obligations as required by law. Within any 5-year period, permanent residents must have 730 days meeting the following conditions to be considered as having fulfilled their residency obligations:
1. The individual resides in Canada;
2. The permanent resident resides abroad but is accompanying their Canadian citizen spouse, common-law partner, or children residing abroad with Canadian citizen parents;
3. The permanent resident is employed full-time by a Canadian company and is assigned overseas for business activities, or is assigned overseas by the federal or provincial government;
4. In the third case, the spouse, common-law partner, or minor children of the permanent resident are also allowed to accompany them while residing abroad.
The immigration law stipulates that when a permanent resident is facing an immigration review regarding their compliance with residency requirements, they must meet the following two conditions: first, permanent residents who have been in Canada for less than five years must prove that they can meet the above residency requirements within the five years following their permanent residency status; second, permanent residents who have held their status for more than five years must prove that they have met the relevant residency requirements to retain their permanent resident status.
If the deprivation of a permanent resident's status due to non-compliance with residency requirements directly affects the interests of their children, immigration officials may consider humanitarian reasons to grant a waiver for the permanent resident who violated the residency requirements, allowing them to retain their permanent status. In this process, the consideration of the best interests of the child as a humanitarian reason must outweigh the consideration of their violation of residency requirements.