A Residency Obligation Appeal in Canada can be made if a permanent resident has been found to not meet their residency obligation, which requires being physically present in Canada for at least two years (730 days) out of five. If an individual does not meet this requirement, they may receive a decision letter from Citizenship and Immigration Canada (CIC) informing them of the decision. The appeal must be filed within 60 days of receiving the refusal letter. The appeal process involves submitting a Notice of Appeal form and providing relevant documents to support the appeal. If successful, the individual will regain their permanent resident status, but if the appeal is unsuccessful, they may lose their status and be ordered to be removed from the country.
What is the role of the IAD in the residency obligation appeal process?
The Immigration Appeal Division (IAD) in Canada plays a crucial role in the residency obligation appeal process. It is responsible for hearing residency obligation appeals, which arise when a permanent resident is found to have not met their residency requirement of being physically present in Canada for at least two years out of five. The IAD provides a forum for individuals to appeal this decision and, if successful, the appellant's permanent resident status will be maintained. If the appeal is dismissed, the permanent resident status may be revoked, and the individual could be subject to removal from Canada. The IAD's involvement ensures a fair and independent review of residency obligation appeals within the Canadian immigration system.
What factors can you argue during a residency obligation appeal?
During a residency obligation appeal in Canada, individuals can argue various factors, including humanitarian and compassionate (H&C) considerations. These may include establishment in Canada, ties to Canada, and the best interests of any affected children. The Immigration Appeal Division (IAD) considers these H&C factors to determine if they justify the retention of permanent resident status despite any breach of the residency obligation. Additionally, the length of time lived in Canada, both before and after becoming a permanent resident, and any evidence of hardship or special needs may also be relevant factors to argue during the appeal process.
What are the consequences of not meeting the residency obligation?
Not meeting the residency obligation in Canada can have serious consequences, including the potential loss of permanent resident status. If a permanent resident is found to have not met the residency requirement of being physically present in Canada for at least two years out of five, they may be subject to a finding of inadmissibility. This could lead to the loss of permanent resident status and the issuance of a removal order.
Why hire AKM Law as your residency obligation appeal Lawyer?
Selecting AKM Law for your residency obligation appeal offers a strategic advantage rooted in the firm's specialized expertise, successful track record, and commitment to personalized service. With a focus on immigration law, AKM Law has demonstrated proficiency in navigating the complexities of residency obligation cases, ensuring tailored strategies for each client. The firm's history of success in appeals underscores its ability to secure favorable outcomes and its dedication to transparent communication fosters a supportive attorney-client relationship. AKM Law's comprehensive case analysis, multilingual capabilities, and proactive representation further distinguish it as a reliable choice for individuals facing challenges to their permanent resident status. Opting for AKM Law aligns your appeal with a reputable firm that prioritizes excellence and a client-centric approach in residency obligation matters.
