Residency Obligation Appeals

Residency Requirement

Being a permanent resident of Canada, you are required to reside in Canada for at least 730 days out of every five years. If you do not meet this residency obligation and are discovered, you may receive a decision letter from Citizenship and Immigration Canada (CIC) informing you of the loss of your permanent resident status. You may appeal this decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) within 60 days of receiving the letter from CIC.

Appeal Process

The appeal process involves a public hearing between the appellant and a Minister’s counsel representing CIC. If you are outside of Canada at this time, you may apply for a travel document to enter Canada, or be issued one either if you have visited Canada within the past 365 days or are required to attend the hearing in person. In some cases, the hearing may be held over the phone. Regardless of your case, as part of our services, we can represent you during this hearing to ensure all the necessary details of your case are presented to aid in recovery of your permanent resident status in Canada.

If your initial appeal to IAD is rejected, you may appeal to the Federal Court of Canada for a review of IRB’s decision, and must be represented by a lawyer. If the federal court accepts your appeal, it will be returned to IAD for re-hearing.

If you have received a decision letter from CIC informing you of the loss of your permanent resident status within the last 60 days, do not wait. Contact us immediately, and we can assist you with the appeal process.

Professional Assistance

If you require professional legal assistance in an immigration appeal process, please contact us for a consultation.