Residency Obligation Appeals

If a permanent resident fails to remain in Canada for at least 730 days of the period in question of 5 years, then that person will have failed to meet the minimum residency requirements needed to maintain their permanent resident status in Canada.  In such a situation, the individual would have the right to appeal the refusal to the lmmigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).  Individuals have a maximum of 60 days to file an appeal with the IAD.

In granting an appeal, the IAD may either allow the appellant to stay on legal grounds, or on humanitarian and compassionate grounds; or the IAD may hand down a decision where the foreign national loses their legal status, and the IAD enforces the departure order upon the appellant.

The decision of the IAD may also be “appealed,” by way of judicial review, to the Federal Court Trial Division with leave of the Court.

Please contact an immigration lawyer at Mamann, Sandaluk & Kingwell LLP if you are in need of legal representation for a residency obligation appeal.  Every appeal is unique to the individual, and legal representation is recommended for the best outcome possible to the situation.

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