Deportation – Residency Obligation Appeal
Normally a permanent resident of Canada is required to reside physically in Canada for at least 730 days out of every five-year period. If the permanent resident does not meet this residency obligation then he or she may lose permanent resident status.
If CIC determines you have not met your residency obligations you can appeal the decision to the Immigration Appeal Division (IAD) within 60 days after receiving the decision from CIC.
If you have been in Canada at least one day in the last 365 days then CIC must provide you a travel document so that you can travel to Canada. The hearing will be held by telephone if you are not in Canada at the time of the hearing as you do not have the valid travel documents.
If the appeal is allowed then the IAD will set aside CIC’s decision and you will keep your permanent resident status in Canada. If the appeal is dismissed, then you lose your status as a permanent resident in Canada.
The decision of the IAD may be judicially reviewed by either party to the Federal Court Trial Division with leave of the Court.
For more information on Residency Obligation Appeals, contact us today to request a consultation!