Residency obligation appeals · Canada
Residency obligation appeal lawyers in Abbotsford, Surrey and Vancouver
Permanent residents must spend at least 730 days in Canada in every five-year period. If an officer found you did not, and refused your travel document or issued a removal order, you can usually appeal to the Immigration Appeal Division (IAD) and ask to keep your permanent resident status.
- PR travel document refusals
- Departure and removal orders at the border
- Humanitarian grounds to keep PR status
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Found in breach of the residency obligation? Outside Canada, the IAD must receive your appeal within 60 days of the decision. If you received a removal or departure order in Canada, the deadline is 30 days.
Even if you did not meet the 730 days, the IAD can let you keep your status on humanitarian grounds. It considers factors such as:
- How far short of the 730 days you were.
- Why you left Canada and why you stayed away, such as caring for a sick parent or your own health.
- Whether you tried to return as soon as you could.
- How long you lived in Canada and your ties here: home, work, taxes and community.
Evidence of why you stayed away, such as medical records of a family member you cared for, is usually the centre of the appeal.
Some appeals succeed because you did meet the obligation.
- Days counted wrongly: entry and exit records that miss trips or count the wrong dates.
- Days abroad that legally count, such as accompanying a Canadian citizen spouse or parent, or full-time work for a Canadian employer.
- The wrong five-year window: if you have been a PR for less than five years, the question is whether you can still meet the obligation.
We request your CBSA travel history and the officer’s notes early to check every day that was counted.
- File the appeal on timeWe file your Notice of Appeal with the IAD within 60 days of a decision made outside Canada, or 30 days of a removal or departure order.
- Build your evidenceWe gather travel records, proof of your reasons for being away, and evidence of your ties to Canada and your family here.
- Early resolution where offeredSome appeals are offered an informal resolution meeting with the Minister’s counsel, which can resolve the appeal without a full hearing.
- Hearing and decisionYou give evidence in person or by video. If the appeal is allowed you keep your PR status; if it is dismissed, the status is lost.
Residency obligation questions
For a decision made outside Canada, such as a refused PR travel document, the IAD must receive your appeal within 60 days. For a removal or departure order made in Canada or at the border, it is 30 days.
You generally need a valid PR card or a PR travel document to board a flight. If the IAD orders you to appear in person, a travel document is issued so you can attend the hearing.
Do not sign a renunciation of PR status before getting advice. It ends your status and any appeal.
Days physically present in Canada, plus days abroad accompanying a Canadian citizen spouse, common-law partner or parent, or working full time outside Canada for a Canadian business or government.
You lose permanent resident status. You can ask the Federal Court for leave to judicially review the IAD’s decision, usually within 15 days of receiving it.
Official sources: IRB: Appealing a removal order based on the residency obligationIRB: Make a residency obligation appeal
Guides from our lawyers
Other immigration services
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Residency obligation appeals help in Abbotsford, Surrey and Vancouver
Meet us at any of our offices, or by phone or video from anywhere in Canada or abroad.
At risk of losing your PR status?
Book a consultation before your appeal deadline and we will explain your options.