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Residency Appeals

The Immigration and Refugee Protection Act (IRPA) is a highly essential piece of legislation that restricts permanent Canadian residents to be physically present in Canada for a minimum of 730 days (2 years) of every 5 years. If a permanent citizen lives outside Canada and the Immigration, Refugees and Citizenship Canada (IRCC) visa officer discovers that he/she doesn’t meet residency obligations, chances are that they can lose their permanent resident visa status.
If you are afraid of losing your permanent residential status, don’t lose hope, you can file a Canada residency appeal against IRCC’s decision to the IAD within 60 days after receiving the order. If you are currently outside Canada but were present in Canada over the previous 365 days, IRCC will assign you a travel document so you can easily travel back to the country. You may also apply for a travel document to the IAD. It will first review your activities from the past 365 days and then if you meet the requirement, it will order IRCC to issue you a travel document.

Residency Appeal Process

The residency appeal process includes two parties, the Minister’s counsel and the appellant who describes CIC. The hearings are public and anyone can easily observe or report on the actions. You may believe and have the option to demonstrate that the IRCC decision was wrong in law and fact. Another approach to win the appeal is to show that there are humanitarian and compassionate reasons to provide the appeal regardless of whether the IRCC decision was right in law and fact. You need to provide a logical reason that explains your absence from Canada. Always show that no matter how long you have been absent from Canada, it was temporary. If the permanent residency appeal is approved, the IAD will dismiss the IRCC decision and the PR status of a person will remain live. And If the permanent residency appeal is denied, the PR status of the person will be removed.

How Move Immigration Services May Help

At Move Immigration Services, we have experienced consultants who can help you file residency appeals to the IAD and citizenship and judicial review appeals at Federal Courts. Give us a call at +1 (416) 996-0786 or let us know your query in our email: info@moveimmigration.com.

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