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Canada Residency Appeals
To maintain their permanent residency status and avoid being inadmissible to Canada, permanent residents must meet minimum residency requirements in Canada. Two years (730 days) of residency must be obtained every five years to meet the residency requirement and maintain permanent resident status.
What is Residency Apeals
As a permanent resident of Canada, you must spend at least 730 days in the country every five years. You may receive a decision letter from Citizenship and Immigration Canada (CIC) advising you of losing your permanent resident status if you violate this residency requirement and are found out. Within 60 days of receiving notice from CIC, you have the right to appeal the decision to the Immigration Appeals Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Residency Appeal Process
A public hearing is part of the appeal procedure between the appellant and the Minister’s counsel, representing the CIC. If you are currently outside of Canada, you can apply to enter the country by applying, or if you have been there in the past 365 days, you must be physically present at the hearing. As part of our services, we can represent you at this hearing regardless of your case to ensure that all information is provided correctly and that your Canadian permanent residence is protected. It can help you regain your status as a resident.
If your initial appeal to the IAD is rejected, you can appeal to the Federal Court of Canada for a review of the IRB’s decision. Legal counsel should represent you in this matter. If the federal court grants your request, your appeal will be returned to the IAD for a new hearing.
Don’t wait if you have recently received a decision letter from CIC advising you that your status as a permanent resident has ended. You can contact us immediately so we can assist you with the appeal process.
Possible Consequences of a Residency Appeal?
The IAD has two decision-making options:
You can file an appeal and maintain your status as a permanent resident. If you still need to enter Canada, you will be issued an Authorization to Return to Canada (ARC) travel document for your return.
If your appeal is denied, you lose your status as a permanent resident.
How Refused Visa Can Help You In a Residency Appeals
Have your hopes of becoming a permanent resident of a new nation dashed by the disappointment of your visa rejection? Hold on to hope for the moment! Refused visa can be a game changer for you. We at Refused Visa are experts in helping applicants navigate the complex residency appeals process. To improve your chances of success, our skilled staff will review your case, determine if there are grounds for an appeal, and offer informed legal advice.