Residency Obligation Appeal Lawyer Brampton

Requirements for Compliance

As a permanent resident, you must meet the residency obligation set out in the IRPA to maintain your status. If you’ve been a resident for over 5 years, you need at least 730 days of physical presence in Canada within the past 5 years. If you’ve been a resident for less than 5 years, you need to be on track to meet that 730-day requirement by the time you reach the 5-year mark.

There are exceptions that let you maintain your status while living outside Canada, including:

Holding a full-time position outside Canada with a Canadian business or government

Being the spouse, common-law partner, or child of a Canadian citizen you live with abroad

Being the spouse, common-law partner, or child of a permanent resident working full-time abroad for a Canadian business or government, whom you live with

Consequences of Non-Compliance

Failing to meet the residency obligation, or living outside Canada without meeting one of the exceptions, can result in an IRCC visa officer revoking your permanent resident status.

Appeal Process to IAD

If IRCC decides to revoke your permanent resident status, you can appeal to the Immigration Appeal Division, a division of the IRB.

Filing the Appeal: If a visa office refuses a travel document or PR card application, the appeal must be filed within 60 days of receiving the decision letter. Once the Notice of Appeal is filed and the Appeal Record shared, the IAD schedules a hearing.

Appeal from Outside Canada: If you’ve been in Canada within the past year, you may apply for a travel document to facilitate your return. Otherwise, you apply directly to the IAD, which may order IRCC to issue travel documents for an in-person hearing.

Key Assessments at the Hearing: Beyond the facts and law, the IAD member considers humanitarian and compassionate grounds — the extent of non-compliance, reasons for leaving and staying abroad, efforts to return, establishment in Canada, family ties, potential hardship, any children’s best interests, and other special circumstances.

If the decision favors you, IRCC’s decision is set aside and your PR status is reinstated. If it doesn’t, you lose your status and face removal — though both sides can request a Judicial Review of the IAD decision by the Federal Court.

Related Appeal Types

A residency obligation appeal is one of several appeal types we handle at the IAD, alongside Sponsorship Appeal and Removal Order Appeal matters. If you’re not sure which applies to your situation, get in touch and we can point you in the right direction.

Frequently Asked Questions

My PR card renewal has been refused: what to do?

Appeal within 60 days to the Immigration Appeal Division. Rejection due to security or misrepresentation may restrict appeal options. Reapply with more documentation or clearer explanations. Appeals can be made from outside Canada via telephone.

My PR travel document has been refused: how do I return to Canada?

Appeal the refusal within 60 days. You may be eligible for a travel document with limited validity if you’ve visited Canada within the past year. You can enter Canada during the appeal process and request an in-person hearing if refused again.

What does it mean if I fail to meet my residency obligation as a permanent resident?

If you do not fulfill the residency obligation, you will lose your PR status. If you’re in Canada, you’ll be issued a removal order. If you’re outside Canada, you’ll be informed that your PR status will be revoked. If your PR card expires abroad after a breach, your PRTD application will likely be denied.

Who is eligible to appeal a residency obligation breach?

Generally, any permanent resident found in breach of their residency obligation has the right to appeal the decision to the Immigration Appeal Division.

How do I start a residency obligation appeal?

You initiate an appeal by submitting a Notice of Appeal to the Immigration Appeal Division of the IRB within 60 days from receiving the decision letter that you have breached your residency obligation.

What can I expect during the residency obligation appeal process?

The process involves a hearing similar to court, where a panel — usually one decision-maker — reviews your case. Attendance is mandatory, the hearing is generally open to the public, and you’ll need to present evidence and possibly witnesses. In some cases, the IRB may opt for an Alternative Dispute Resolution meeting instead.

Can I return to Canada for my appeal hearing?

You might be allowed back into Canada for the hearing, especially if you’ve spent at least one day in Canada in the last year, enabling you to apply for a PRTD. If not, you can request authorization to return from the IAD or participate remotely by phone or videoconference.

What are the possible outcomes of a residency obligation appeal?

If the IAD rules in your favor, you keep your PR status. If your appeal is dismissed, you have the option to apply for a Judicial Review if you believe the decision was made in error regarding the law or facts of your case.

Book a Consultation With a Brampton Residency Obligation Appeal Lawyer

Facing a residency obligation issue? Contact Batra Law Offices today to book a consultation. Call us at +1 905-533-0183 or WhatsApp us to get started.