Permanent residents must generally comply with the residency obligation in section 28 of IRPA. The usual requirement is at least 730 days in Canada in the applicable five-year period, subject to statutory rules that can count certain time outside Canada.
When an IAD appeal may arise
A permanent resident who receives a negative residency-obligation determination outside Canada, commonly following a permanent resident travel document application, may appeal to the Immigration Appeal Division. If a person is in Canada and receives a removal order for non-compliance with the residency obligation, the matter proceeds as a removal-order appeal instead.
60-day filing deadline
For an overseas residency-obligation decision, the Notice of Appeal generally must be received by the IAD within 60 days after receipt of the written decision.
What the appeal examines
- Physical presence during the relevant five-year period
- Time accompanying a Canadian citizen spouse or qualifying parent
- Qualifying employment outside Canada
- Time accompanying a permanent resident in qualifying employment circumstances
- Humanitarian and compassionate considerations, including the circumstances of the absence and consequences of losing status
Travel history, passports, entry records, employment records, family evidence and other documents should be reconciled carefully before the appeal record is prepared.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.