Canadian Permanent Residents who have not met their residency obligation—being physically present in Canada for at least 730 days within a five-year period—may have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. This is known as a residency obligation appeal.
To appeal, a Notice of Appeal must be filed with the IAD within 60 days of receiving the notice of loss of permanent resident status. Appeals can be based on demonstrating physical presence in Canada during the required period or presenting humanitarian and compassionate reasons for retaining status.
The IAD will review evidence and may hold a hearing, either in person or via video conference, before issuing a decision.
Because residency obligation appeals are complex, it is strongly recommended to seek experienced legal representation to ensure the appeal is properly prepared and supported.
OUR MEMBER AFFILIATIONS