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    Residency Appeals in Canada

    Residency appeals allow permanent residents to challenge a decision that results in the loss of permanent resident status for failing to meet Canada’s residency obligations. Canadian permanent residents must generally live in Canada for at least 730 days within five years to maintain their status.
     
    When immigration authorities refuse a PR card renewal or a permanent resident travel document, they often believe the applicant did not meet the residency requirement. In such cases, the affected individual may have the right to appeal their residency decision to the Immigration Appeal Division (IAD).
     
    In most cases, permanent residents must file the appeal within 60 days of receiving the refusal decision. Acting within this deadline is essential to ensure the right of appeal.

    When Residency Appeals Arise

    Immigration authorities usually assess residency compliance when a permanent resident applies to:
     
    1) Renew a PR card.
    2) Apply for a permanent resident travel document.
     
    Once the application is submitted, officers review the applicant’s physical presence in Canada over the previous five years. If the applicant does not meet the 730-day requirement, officers then assess whether any exceptions apply, such as accompanying a Canadian citizen spouse abroad or employment with a Canadian business.
     
    If the applicant does not meet the residency requirement and does not qualify for an exception, immigration authorities issue a refusal letter confirming the loss of permanent resident status. At this stage, the individual may appeal the residency decision to the Immigration Appeal Division within 60 days.

    Residency Issues at the Port of Entry

    Residency appeals can also arise at a port of entry. In some situations, a permanent resident arrives at a Canadian airport or land border with expired or expiring PR documents. Border officers may then assess compliance with residency requirements on the spot.
     
    If officers determine that the individual has failed to meet the residency obligation, they may issue a removal order. In these cases, the permanent resident has 30 days to appeal the removal order to the Immigration Appeal Division.

    The Residency Appeals Process

    Filing the Notice of Residency Appeals

     
    Residency appeals begin with the filing of a Notice of Appeal to the appropriate office of the Immigration Appeal Division. If the appellant is outside Canada, they must file the appeal through the IAD office responsible for the location of their last residence in Canada.
     

    Tribunal Record Disclosure

     
    After the appellant files the appeal, immigration authorities prepare and provide the tribunal record. This record typically includes:
     
    1) Copies of the refused PR card or travel document application.
    2) Officer notes explaining the refusal decision.
    3) Relevant immigration history and documentation.
     
    The tribunal record provides the appellant with insight into how the immigration authorities assessed the case and helps identify legal or factual errors.
     

    Alternative Dispute Resolution (ADR)

     
    The Immigration Appeal Division reviews the appeal record to determine whether the case qualifies for Alternative Dispute Resolution (ADR). ADR involves a meeting between the appellant and the Minister’s Representative to explore whether they can resolve the appeal without a full hearing.
     
    If the IAD considers ADR appropriate, it invites the appellant to submit reasons explaining why the case should proceed to ADR. If scheduled, an ADR usually occurs within a few months of filing the appeal and can lead to an early and favourable resolution.
     

    Full Hearing Before the IAD

     
    If ADR does not occur or does not resolve the case, the appeal proceeds to a full hearing before an IAD Member. Residency appeal hearings resemble court proceedings and involve:
     
    1) An IAD Member acting as the decision-maker.
    2) A Minister’s Representative presenting the government’s case.
    3) The appellant and their consultant or representative.
     
    During the hearing, the appellant may testify, present witnesses, and submit new evidence. The Minister’s Representative may cross-examine witnesses and challenge the evidence presented.

    Grounds for Residency Appeals

    Appellants typically challenge residency decisions on one or both of the following grounds:
     

    Legal Errors of Residency Appeals

     
    An appellant may argue that immigration authorities miscalculated the time spent outside Canada or failed to consider an applicable exception under the law properly.
     

    Humanitarian and Compassionate Grounds

     
    If the residency breach is legally correct, the appellant may request relief based on humanitarian and compassionate factors. These may include:
     
    1) Length of time lived in Canada.
    2) Family ties and dependency.
    3) Best interests of affected children.
    4) Reasons for the extended absence from Canada.
    5) Establishment, employment, and community involvement.
     
    The IAD has the discretion to allow an appeal on humanitarian grounds even when the appellant does not meet the residency requirement.

    Residency Appeals Decisions and Outcomes

    After reviewing all evidence and submissions, the IAD Member issues a decision, usually in writing. If the appeal succeeds, the appellant retains permanent resident status.
     
    If the appeal fails, immigration authorities issue a removal order. In some instances, the appellant may seek further review of an adverse decision at the Federal Court.

    Why Professional Guidance Matters

    Residency appeals involve strict deadlines, detailed evidence, and discretionary decision-making. Professional guidance from spikeimmi.ca helps ensure that submissions are complete, you meet all timelines, and present strong legal and humanitarian arguments before the Immigration Appeal Division.
     
    Spike Immigration assists clients throughout the residency appeal process, from filing the Notice of Appeal to preparing evidence and representation at hearings.

    Frequently Asked Questions (FAQs)

    Residency appeals allow a permanent resident to challenge a decision that resulted in the loss of PR status due to failure to meet residency obligations.
    You generally have 60 days to appeal a PR card or travel document refusal and 30 days to appeal a removal order issued at a port of entry.
    Yes. The Immigration Appeal Division may allow an appeal on humanitarian and compassionate grounds, even if the appellant did not meet the residency requirements.
    ADR is an informal meeting that may resolve the appeal without a full hearing. It allows early settlement in suitable cases.
    While not mandatory, residency appeals involve complex legal and discretionary issues. Professional representation significantly strengthens your case.

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