As a permanent resident of Canada, you are obligated by the law to be physically present in the country for a minimum period of 730 days out of every 5 years.
If you fail to meet this obligation, you may lose your permanent residency status.
If it is discovered that you have not met the requirements to retain your permanent residency status, a renewal may be refused and/or a departure order may be issued.
You can appeal this decision to Immigration, Refugees and Citizenship Canada (IRCC).
What is the Process to Request a Residency Obligation Appeal?
If you are currently present in Canada when the decision is made, then you have 30 days to file an appeal from the date of your departure order.
If this decision is issued by an overseas Canadian visa office, then you have 60 days from the date of issuance to file an appeal.
What Happens After You Make a Residency Obligation Appeal?
Once you have filed an appeal within the time duration based on your case, an appeal record is created by the Minister of Public Safety within 120 days of the requested date. The Immigration Appeals Division (IAD) will hold a hearing.
IAD members may also allow another option by suggesting that your appeal be dealt with through an Alternative Dispute Resolution (ADR). If your appeal is suggested to ADR, then no hearing will be required.
What are the Possible Outcomes of a Residency Obligation Appeal?
The IAD may decide on 2 possible outcomes:
- Your appeal is allowed and you are able to retain your permanent residency status. If you are not already in Canada, then a travel document called an Authorization to Return to Canada (ARC) will be issued for your return.
- Your appeal is denied and you lose your permanent residency status
If you are present in Canada when your appeal is denied, then the IAD issues a departure order that will turn into a deportation order if you fail to leave Canada within 30 days.
Why is it Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm.
Just Google, “My Visa Source Toronto” or “My Visa Source Vancouver” and read some of our combined 800+ reviews.
Contact us and let our immigration litigation lawyers quickly find out about every detail and sequence involving your situation, so that we can move forward on your behalf.
There are strict time frames involved, so contact us immediately through our online assessment, it takes less than a minute to complete.
Or simply pick up your mobile phone and call us now at any of these numbers:
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