Residency Obligation Appeals in Canada: Explained

Permanent residents in Canada must meet a residency obligation. A residency obligation refers to a person’s physical presence inside of Canada for a set amount of time.

Do you need help with your Residency Obligation Appeal to the Immigration Appeal Division (IAD)?

Call us toll-free or take less than a minute to fill our Online Assessment for Your Visa Options.

Start Your Online Assessment

Or Call Us: 1-(888)-509-1987

Start Your Online Assessment

Or Call Us: 1-(888)-509-1987

Permanent residents in Canada must meet a residency obligation. A residency obligation refers to a person’s physical presence inside of Canada for a set amount of time.

Do you need help with your Residency Obligation Appeal to the Immigration Appeal Division (IAD)?

Call us toll-free or take less than a minute to fill our Online Assessment for Your Visa Options.

As a permanent resident of Canada, you are obligated by the law to be physically present in the country for a minimum period of 730 days out of every 5 years.

If you fail to meet this obligation, you may lose your permanent residency status.

If it is discovered that you have not met the requirements to retain your permanent residency status, a renewal may be refused and/or a departure order may be issued.

You can appeal this decision to Immigration, Refugees and Citizenship Canada (IRCC).

What is the Process to Request a Residency Obligation Appeal?

If you are currently present in Canada when the decision is made, then you have 30 days to file an appeal from the date of your departure order.

If this decision is issued by an overseas Canadian visa office, then you have 60 days from the date of issuance to file an appeal.

What Happens After You Make a Residency Obligation Appeal?

Once you have filed an appeal within the time duration based on your case, an appeal record is created by the Minister of Public Safety within 120 days of the requested date. The Immigration Appeals Division (IAD) will hold a hearing.

IAD members may also allow another option by suggesting that your appeal be dealt with through an Alternative Dispute Resolution (ADR). If your appeal is suggested to ADR, then no hearing will be required.

What are the Possible Outcomes of a Residency Obligation Appeal?

The IAD may decide on 2 possible outcomes:

Your appeal is allowed and you are able to retain your permanent residency status. If you are not already in Canada, then a travel document called an Authorization to Return to Canada (ARC) will be issued for your return.
Your appeal is denied and you lose your permanent residency status

If you are present in Canada when your appeal is denied, then the IAD issues a departure order that will turn into a deportation order if you fail to leave Canada within 30 days.

Get A Free Assessment

Receive answers to all your immigrations questions along with available options, all in one place.

First Name:

Please enter your first name

Last Name:

Please enter your last name

Email:

Please enter a valid email

Phone Number:

Please enter a valid phone number

Nationality:

Please select a country

Country Of Residence:

Please select an country

Country Interested In:

Please select an option

Immigration Matter:

Please select an option

Submit

Or Call Us: 1-(888)-509-1987

Why Is It Necessary to Seek Legal Representation?

Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?

Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?

Distressed over your situation? Is a family member involved?

There can be hope for almost every negative situation on an immigration-related decision.

Your current outcome is not definitive, it can be challenged.

Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.

At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).

Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.

We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.

Why Contact My Visa Source?

With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.

You can judge for yourself the reputation of our immigration law firm. Just Google, “My Visa Source” and see for yourself.

Contact us and let our immigration litigation lawyers quickly find out about every detail, and sequence involving your situation, so that we can move forward on your behalf.

Begin with our one-minute online assessment form or speak with an award-winning immigration lawyer over the phone, or in-person at our downtown Toronto and Vancouver offices.

Vancouver at 604-800-1681

Toronto at 416-900-1044

Toll-Free at: 1-888-509-1987

We’re open 6am-9pm PST & EST, 7 days a week and are ready for video and phone consultations.

My Visa Source made the process of my partner’s PR a breeze. We did run into an issue in the beginning as my partner initially started his PR progress with the intent of going through his work to get his PR. There were some difficulties that ended up leading us into doing his PR through common-law sponsorship, which ended up being a blessing in disguise as we were appointed a new Lawyer & team.

Harley Jensen was very much on top of everything from quick replies to our emails and if we ran into any difficulties she would always set up a phone call to ease us through the process. There was another lovely lawyer by the name Natasha who was also helping us through some difficulties.

Overall My Visa Source made us feel confident and at ease during this very stressful process. We would like to thank the team for all their hard work. I would definitely recommend them.

5 out of 5 » Rating by: Emily N.

Sharing my experience with MVS. This firm has truly reliable and dependable professionals, no wonder it has won so many awards and accolades. After my initial spouse work permit rejection, I approached MVS and I was assured they’d handle my case sensitively. Bara was very calm and informative, he initiated my process. My wife’s permit case was assigned to Sharon and Marc. ‘Sharon’ is very knowledgeable and precise, she was always reachable and was prompt on her responses during the process. Her follow ups on every step was phenomenal. Such a gem! I blindly recommend her.

Marc on the other hand was the heart of the process, shout out to him as well..
All my stress was washed out as every actions performed by them was promising. I was optimistic and finally received the permits, now I can reunite with my family in coming days.

Couldn’t praise enough. Wish you best to unite and bring happiness to more families like ours.
I wish to personally meet you all one day to thank for what you’ve done. You’ve changed my life.

5 out of 5 » Rating by: Vinayak B.

I've had a very bad experience with an immigration lawyer at another firm in the past, and I was very scare to experience that again. I found My Visa Source online and decided to give them a try because of their great reviews, and I don't regret it for a second!. Amazing experience, they really treated me like a human being and were very upfront and organized with all information.

Angel Pavlou is really an angel, very sweet and helpful, she help us a lot on our first stage of the process with the firm. She is an amazing human being!

Because we were applying through common-in-law sponsorship, my team was Harley and Natasha, an amazing team! We worked for about 4-5 month on the file to make sure everything needed was there. And even though they usually respond within 2-3 business days, by the last portion before submission, our emails were responded by the minute, which we really appreciate as it helped to speed up the process significantly.

Even though our contract with the firm ended with the submission of our application, they left the door open for further questions we may have about what's coming next with our application, which is a big support for us, and we really appreciate (as now we have a long road ahead before a final answer from IRCC comes).

Thanks Team! :)

5 out of 5 » Rating by: Kate T.

At first I was a bit wary because we had some challenges with our spousal sponsorship case and all correspondence was done over the phone or email, but now that my husband has been approved, I can say with confidence I would hire My Visa Source again for any immigration needs. My husband was not even asked for an interview in the end. This firm works many different nationalities and passport holders and there experience is vast.

5 out of 5 » Rating by: Julia C.

...

After previously going to another immigration service it became glaringly obvious how great this service was. Angel was able to answer all my questions and share with me some options that I had not been told of by the other lawyer. I highly recommend this service.

5 out of 5 » Rating by: David Andrews B.

I absolutely love this firm. Very detailed and best help you can get. They do free consultation too which is great. Angel is amazing. Trevor is great.
Best team at My Visa Source. I was happy with how my application was handled.

5 out of 5 » Rating by: Josh A.

This was a free consult call. I received the call exactly at the time arranged. Irfhan was very helpful, honest and informative. Unfortunately there weren’t many options for my case and he made no false promises. His integrity was impeccable and even though there wasn’t much that could be done he did offer some great suggestions and advice.

5 out of 5 » Rating by: Robin S.

My Visa Source Law MDP is an excellent immigration law firm. They were very supportive and
professional. They answered our many questions with timely and useful feedback.

5 out of 5 » Rating by: W M.

Mr. Shubhrash has been consultant for my immigration procedure and he has been outstanding. made us feel welcome and answered all our questions. He is very knowledgeable and friendly.

5 out of 5 » Rating by: Dishani G.

I am pleased with the service provided by My Visa Source, and recommend My Visa Source for people who are confused about their immigration process and are looking for a helping hand.

5 out of 5 » Rating by: Zina B.

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!

Residency Obligation Appeals in Canada: Explained

What is the Process to Request a Residency Obligation Appeal?

What Happens After You Make a Residency Obligation Appeal?

What are the Possible Outcomes of a Residency Obligation Appeal?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today! Learn More

Residency Obligation Appeals in Canada: Explained

What is the Process to Request a Residency Obligation Appeal?

What Happens After You Make a Residency Obligation Appeal?

What are the Possible Outcomes of a Residency Obligation Appeal?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!