Appeal regarding residency period

Failure to meet residency requirements.

If Immigration and Citizenship Canada (CIC) determines that a permanent resident has failed to fulfill their resident obligations, they may lose their permanent resident status. In this case, they may appeal the CIC decision to the Immigration Appeals Division (IAD). The appeal must be filed no later than 60 days after receiving the decision letter from CIC.

Residence appeal process

A CIC officer outside of Canada has determined that a Canadian permanent resident has violated their residency obligations. Since that person has received the decision from CIC, they should appeal to IAD within 30 days.

IAD sets the date for the hearing. If IAD decides the appellant must be present at the hearing but is outside Canada, CIC will send the appellant a travel document allowing them to come to Canada for the hearing. Otherwise, the hearing may be held by telephone.

If the appeal is granted, the appellant will retain their permanent resident status. If the appeal is denied, the appellant will lose their right to be considered a permanent resident in Canada. In the event of a denial and the appellant is in Canada, the IAD will issue an order for them to leave the country.

How do I win a residency appeal?

1) Find an experienced lawyer

To win a residency appeal, you should prove that the CIC's decision is wrong in law or fact. First, you should examine the reasons that clearly state whether you meet the residency obligation under the Refugee and Immigration Protection Act.

The next step is to present sufficiently strong humanitarian and compassionate reasons to waive your residency obligations even if the CIC's decision is legally or factually correct.

If a lawyer represents you at the hearing, you will be well-supported by sufficient evidence and you will receive accurate information.

2) Highlight all relevant evidence.

Relevant information can help you retain your residency status. Before attending the hearing, consider preparing sufficient evidence related to:

• Humanitarian and compassionate reasons;
  
• Information demonstrating what is in the best interests of the children, your children, who may be affected by this decision;
• Your level of stability in Canada and your level of ongoing connection to the country;
• Any attempts to return to Canada;
• These are reasons demonstrating the difficulties your family might face if you are not allowed to stay in Canada when you lose your permanent resident status;
• The support you receive in Canada from family or others in your community;
• Your own legitimate reasons to justify your absence from Canada (such as a family member being ill).

3) Meeting the appeal deadline

• Permanent residents should appeal the CIC decision to the IAD no later than 30 days after receiving the decision letter from the CIC.
• If the individual is outside of Canada but has been in Canada within the past 365 days, CIC may issue a travel document to allow that person to enter Canada.
• If you intend to submit documentary evidence showing that the CIC's decision was incorrect, you should provide two copies of each document: one for the Minister's advisor, and another for the IAD Registry Office. The documents must be received no later than 20 days prior to the hearing.
• Prior to the hearing, the Minister's lawyer is required to provide you and the IAD with the appeal documents. You will receive the appeal documents no later than 120 days after the Minister's lawyer receives your notice of appeal. You are permitted to provide your documents in response to the documents from the Minister's lawyer no later than 10 days prior to the hearing.
• If you are being supported by a witness at a hearing, you must provide information relating to that person no later than 20 days prior to the hearing.
• If you or any of your witnesses require an interpreter, you must notify the IAD Registry Office no later than 20 days prior to your appeal hearing, or in person at the scheduled meeting (assigned by the Court) if applicable.
• The IAD members may announce their decision at the end of the hearing or send you an email no later than 90 days after the hearing.

If your permanent residency application is denied, it doesn't mean you have to book a flight back home. It's possible to win your residency appeal if you follow the correct steps in the appeals process.

WHAT SUPPORT DOES KEYAPPLY PROVIDE FOR YOU?

KeyApply has talented partner lawyers in Canada. These appeals lawyers have over 25 years of experience, having argued numerous cases before various legal bodies. In addition, they have handled several high-profile cases that have been reported in the media.