Appeal of permanent resident residency obligation

Appealing the Residency Obligation for Permanent Residents

Canadian permanent residents must meet a residency obligation of at least 730 days within every 5-year period, excluding periods spent outside Canada that are legally permissible.

If immigration authorities determine that you have not met this obligation, you may have the right to appeal to the Immigration Appeal Division (IAD).

Appeal Deadline

If the decision was made while you were outside Canada, the IAD must receive your appeal notice within 60 days of the date you received the decision.

What can the IAD consider?

• You actually met the required number of residency days;
• You have periods spent outside Canada that are legally permissible;
• There are sufficient humanitarian and compassionate grounds to warrant consideration;
• The best interests of a child are directly affected.

Possible Outcomes

If the appeal is allowed, you may retain your permanent resident status. If it is dismissed, you may lose your PR status and could be subject to a removal order from Canada. In very rare cases, the IAD may stay the execution of the order for a period and reconsider it later.

KeyApply Support

KeyApply assists with preparing residency history, gathering evidence, and coordinating case files. Legal advice and representation at the IAD or Federal Court are handled by lawyers or appropriately licensed representatives.

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