Residency Obligation Appeal

Permanent residents can lose their status by failing to comply with their residency obligations. According to the Immigration and Refugee Protection Act (IRPA), a permanent resident must physically reside in Canada for 730 days, which equals two full years, with every five years they are a permanent resident.

If a permanent resident fails to comply with their residency obligations and has been notified by a Canadian Visa Application Centre, they have the right to appeal within 60 days or they will lose their status after the expiration date stated on their visa.

Cases Where Appeal Is Not Possible:

• Serious criminality;
• Organized criminality;
• Security grounds; and
• Violations of human or international rights.

How to Fulfill Your Permanent Residency Obligations

One must meet certain residency obligations to maintain permanent residence status:

• If you are in Canada and an immigration officer determines that you have not complied with your residency obligations, the officer may issue a departure order that requires you to leave Canada.
• If you are outside of Canada and do not meet residency obligations, immigration officers abroad may inform you in writing that you have lost your permanent residence status.

If you appeal within 60 days, the officer may consider humanitarian and compassionate reasons before making a final decision about your permanent resident status.