What is residency obligation?
As a permanent resident (PR), you must live in Canada for at least 730 days in every 5 year period. This is called the residency obligation.
Further, this obligation only applies to PRs. If you are a Canadian citizen or temporary resident, this does not apply to you.
Can I maintain the residency obligation while living out of Canada?
The answer is yes.
If one of the following conditions applies to you, you can maintain this obligation while living out of Canada.
Firstly, you are a full-time employee outside Canada with a Canadian business, the federal government, the provincial government, or the territorial government.
Secondly, you are a spouse, common-law partner, or dependent child of a Canadian citizen living out of Canada, and you live with this family member.
Thirdly, you are a spouse, common-law partner, or dependent child of a Canadian PR who is a full-time employee outside Canada with a Canadian business, the federal government, the provincial government, or the territorial government, and you live with this family member.
If you are unsure about whether you meet the obligation, we can help you.
What if I didn't maintain the residency obligation?
When you don’t maintain this obligation, you will lose your PR status.
If this happens when you are in Canada, you may also receive a Removal Order. You can then appeal the Removal Order.
To learn more about a Removal Order Appeal, please visit our Service page.
On the other hand, if you are out of Canada, you won’t be allowed to return to Canada as a PR.
What is a Residency Obligation Appeal?
When you are outside Canada and have lost your PR status due to a breach of residency obligation, you may appeal to the Immigration and Refugee Board (IRB).
The appeal determines whether you have breached your obligation.
Who can appeal?
Generally speaking, every PR out of Canada who has found a breach of residency obligation retains the right to appeal.
How to appeal?
To initiate the appeal, you must send a Notice of Appeal (NOA) to the IRB’s Immigration Appeal Division (IAD) within 60 days from the date of the decision.
What is the Residency Obligation Appeal like?
Firstly, it is similar to a hearing in court. A panel that usually consists of one decision-maker will hear the case in person.
Secondly, you must attend the hearing. If you have a representative, they must also attend.
Further, you need to prove that you have met your obligation. You can also give statements and evidence including witnesses to the panel.
Thirdly, the counsel of IRCC may also attend the hearing. However, if the case is straightforward, they may just send a written submission to the panel instead of attending the hearing in person.
Last but not least, you may choose to attend the hearing by a telephone conference or video conference if you can’t return to Canada.
We can also represent you at the hearing.
Can I apply Humanitarian and Compassionate (H&C) grounds to my appeal?
The answer is yes because the IAD has the power to consider your H&C factors.
To emphasize, if you have enough H&C factors, the IAD will confirm that you retain your PR status.
Therefore, when you want to rely on your H&C factors to win your appeal, you no longer need to address whether you have breached your obligation or not.
To learn more about H&C, please visit our Service.
What are the possible outcomes of a Residency Obligation Appeal?
After the hearing, the IAD may allow your appeal. This means you retain your PR status.
However, the IAD may dismiss your appeal. If this is your case, you may apply for a Judicial Review at the Federal Court.
What we do?
Firstly, we help LGBT people to immigrate to Canada, and we create a safe and friendly place for them.
Then, we personalize our services for you, which may include any of the following:
Conduct legal research,
Review the IRB file and supporting documents you may have,
Assist you in collecting or preserving the supporting documents,
if you are inadmissible, we help you to find the solution,
Interview witness, if applicable,
Identify your H&C factors, if any,
Provide other advice and instructions as needed, and
Act as your representative and attend the hearing.
To learn more, book an initial assessment today or contact us.