What is a Residency Obligation, and how do I appeal it?
In accordance with the Immigration and Refugee Protection Act (IRPA), Canada requires its permanent residents to be physically present in Canada for a minimum of 730 days out of every 5 year period. This means that as a permanent resident of Canada, you can spend a total of 3 years outside of Canada during that 5 year period. However, it becomes a little tricky if you have been a permanent resident of Canada for less than 5 years (and you are deciding to leave the country for a prolonged length of time). It is up to you to be able to prove that you will be able to meet your residency requirements.
If you are inside of Canada and it is determined by an immigration officer that you have not met and complied with your residency obligations, the officer can issue a departure order. A departure order requires you to leave Canada.
If you are outside of Canada, and an immigration officer located abroad makes the determination that you have not met and complied with your residency obligations, they can inform you in writing that your permanent residence status has been revoked.
If you do lose your permanent resident status in Canada, you are able to submit an appeal. This appeal must be submitted within 60 days of receiving the decision. You must submit a completed Notice of Appeal form for each family member who has been affected by the decision. During the period of time that you are awaiting your hearing date, you may be able to apply for a Humanitarian and Compassionate Application, if you are able to prove the hardship and risk that you would face if you were forced to leave Canada.
Our lawyers have experience and expertise in filing a Residency Obligation appeal. Often, the 60-day time frame can appear frightening, but we know how to prepare and correctly move forward with an appeal within the time frame.