As a permanent resident in Canada, adherence to residency obligations outlined in the IRPA is essential to maintain your status validity.
Requirements for Compliance
- If Resident for Over 5 Years: Demonstrating at least 730 days of physical presence in Canada within the past 5 years fulfills the requirement.
- If Resident for Less Than 5 Years: Ensuring the ability to meet the 730-day requirement by the time you reach the 5-year mark is necessary for compliance.
However, there are exceptions which allow you to maintain this obligation while living out of Canada:
- Holding a full time position outside Canada with a Canadian business, Federal or Provincial or Territorial government.
- Being a spouse, common-law partner or a child of a Canadian citizen who lives outside Canada, and you also live with your spouse, partner or parent.
- Being a spouse, common-law partner or child of partner permanent resident who is holding a full time position outside Canada with a Canadian business, Federal or Provincial or Territorial government, and you also live with your spouse, partner or parent.
Consequences of Non-Compliance: Failure to meet residency obligations or living outside of Canada without fulfilling requirements could result in the revocation of permanent resident status by a IRCC visa officer.
Appeal Process to IAD
In case of a IRCC decision to revoke permanent resident status, you can appeal to the IAD, a division of the IRB.
- Filing the Appeal: If a visa office refuses a travel document or a permanent resident card application, the appeal must be lodged within 60 days of receiving the IRCC’s decision letter. After the Notice of Appeal is filed and the Appeal Record is shared with involved parties, the Immigration Appeal Division (IAD) schedules a hearing to examine the appellant’s situation.
- Appeal from Outside Canada: If filing from outside Canada and having been in the country within the past year, you may apply for a travel document to facilitate your return. Otherwise, apply directly to the IAD, and if necessary, the IAD may order the IRCC to issue travel documents for in-person hearings.
- Key Assessments during the Hearing by the IAD Member: In addition to facts and law, humanitarian considerations play a role. Whether any humanitarian and compassionate (H&C) grounds exist that could warrant allowing the appellant to maintain their permanent resident status:
- Extent of Non-compliance: How significantly the appellant failed to meet the residency requirement.
- Reasons for Leaving and Staying Abroad: Why the appellant left Canada and why they stayed away for an extended period.
- Efforts to Return: Whether the appellant tried to return to Canada as soon as possible.
- Establishment in Canada: The level of the appellant’s initial and ongoing connections and establishment in Canada.
- Family Ties: Connections to family in Canada, including the possibility of being sponsored.
- Potential Hardship: The difficulties and disruptions the appellant and their family in Canada would face if the appellant were removed or denied entry.
- Children’s Best Interests: How the decision might affect any children directly involved.
- Unique or Special Circumstances: Any other exceptional factors that could merit special consideration for the appellant.
- Outcome of the Decision: If the decision favors the appellant, the IRCC’s decision is set aside, reinstating permanent resident status. Conversely, an unfavorable decision results in status loss and an order for removal from Canada.
- Further Review: Both the appellant and the Minister’s counsel have the option to request a judicial review of the IAD decision by the Federal Court of Canada.
FAQs
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 to 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 (PR)?
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. Additionally, if your PR card expires while you're abroad, and you've breached your residency obligation, your application for a PR travel document (PRTD) to return to Canada will likely be denied.
Who is eligible to appeal a residency obligation breach?
Generally, any permanent resident outside Canada who has been found in breach of their residency obligation has the right to appeal the decision.
How do I start a residency obligation appeal?
You initiate an appeal by submitting a Notice of Appeal (NOA) to the Immigration Appeal Division (IAD) 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 appeal process involves a hearing, similar to court, where a panel, usually consisting of one decision-maker, will review your case. Attendance is mandatory for you and your representative, if you have one. The hearing is generally open to the public. You'll need to present evidence and possibly witnesses to argue why you should retain your PR status. The IRCC may also participate, either in person or through written submissions. In some cases, the IRB might opt for an Alternative Dispute Resolution (ADR) meeting instead of a formal hearing, which is a private affair.
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 in the hearing remotely via phone or videoconference.
What are the possible outcomes of a residency obligation appeal?
If the IAD rules in your favor, you will 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.
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”
