To maintain status, permanent residents are required to be physically present in Canada for at least 730 days over a 5-year period. Where a finding is made that the individual has not met these requirements, renewal of permanent residence may be refused and/or a departure order may be issued.
If the decision is issued in Canada, then the permanent resident will have 30 days to file the appeal from the date of the departure order. If the decision is made by an overseas Canadian visa office (i.e. to issue a travel document), then the permanent resident has 60 days from the date of the decision to file the appeal.
Following the filing of the notice of appeal, an appeal record will be produced by the Minister within 120 days of the date requested.
IAD member may suggest that the appeal be dealt with through alternative dispute resolution. Again, if alternative dispute resolution is successful, then a hearing will not be required. If it is not, then a hearing will be scheduled.
There are two possible resolutions that can flow from the hearing of residency obligations appeal: 1) the appeal can be allowed, and permanent resident status will be maintained. If the appellant is not already in Canada when the appeal is allowed, then a travel document will be issued; 2) the appeal can be dismissed, and permanent resident status will be revoked. If the appellant is in Canada, a departure order that converts to a deportation order within thirty days will be issued.
Residency Obligation Appeals
To maintain status, permanent residents are required to be physically present in Canada for at least 730 days over a 5-year period. Where a finding is made that the individual has not met these requirements, renewal of permanent residence may be refused and/or a departure order may be issued.
If the decision is issued in Canada, then the permanent resident will have 30 days to file the appeal from the date of the departure order. If the decision is made by an overseas Canadian visa office (i.e. to issue a travel document), then the permanent resident has 60 days from the date of the decision to file the appeal.
Following the filing of the notice of appeal, an appeal record will be produced by the Minister within 120 days of the date requested.
IAD member may suggest that the appeal be dealt with through alternative dispute resolution. Again, if alternative dispute resolution is successful, then a hearing will not be required. If it is not, then a hearing will be scheduled.
There are two possible resolutions that can flow from the hearing of residency obligations appeal: 1) the appeal can be allowed, and permanent resident status will be maintained. If the appellant is not already in Canada when the appeal is allowed, then a travel document will be issued; 2) the appeal can be dismissed, and permanent resident status will be revoked. If the appellant is in Canada, a departure order that converts to a deportation order within thirty days will be issued.