Residency Obligation Appeals in Canada: Explained

    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, then you may lose your permanent residency status.

    When 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 the 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 Immigation Appeals Division (IAD) will hold a hearing.

    IAD members may also allow another option by suggesting that your appeal be dealt 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 convert to a deportation order if you fail to leave Canada within 30 days.

    Why is it Necessary to Seek Legal Representation?

    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 expert familiarity with frequent changes to immigration law, strong legal strategy and representation, precise paperwork and perfect attention to detail, 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 700+ 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: 

    Vancouver at 604-800-1681

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    We’re open 6am-9pm, 7 days a week and are ready for video and phone consultations.