What is a Residency Obligation Appeal?

A residency obligation appeal is a legal process that allows permanent residents to challenge decisions affecting their residency status if they have not met residency requirements.

How can Khan Law help with a Residency Obligation Appeal?

Khan Law provides experienced legal representation and support in residency obligation appeals, assisting clients in presenting their case to retain residency status.

What are the requirements for a successful Residency Obligation Appeal?

For a successful residency obligation appeal, one must demonstrate valid reasons for non-compliance with residency requirements, such as compassionate grounds or unavoidable circumstances.

What are the chances of success in a Residency Obligation Appeal?

The chances of success in a residency obligation appeal depend on individual circumstances, supporting evidence, and legal representation. Khan Law can help improve these chances.

Residency obligation appeaL

Permanent residents must be physically present in Canada for at least two years (730 days) out of every five years to maintain their status. If you do not meet this requirement, you may receive a decision letter from Citizenship and Immigration Canada (CIC) informing you of the loss of your permanent resident status. You can appeal this decision within 60 days of receiving the refusal letter. Do not delay. Contact us today to speak with an immigration lawyer.

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Who can appeal?

You can make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a permanent resident. You can file from within Canada or outside Canada for your immigration appeal.

Who cannot appeal?

Anyone can make a residency obligation appeal. However, if you received a removal order inside Canada because you did not meet your residency obligation, you will need to make a removal order appeal.

How to start a sponsorship appeal?

You must appeal to the IAD within 60 days of receiving the refusal letter.
To file an appeal, you must submit:
- A completed Notice of Appeal form for each person in your family affected by the decision.
- Two copies of the decision from the overseas visa office.
Residency obligation appeals are legally complex and you may want to consider hiring a lawyer to assist you. Appeal proceedings are usually open to the public.

This means that any information used in the appeal is public information and could appear in your decision. Your decision may be published online, or provided to the public and the media upon request, unless a confidentiality order is obtained or unless exceptional circumstances apply.

What happens after my residency obligation appeal?

The IAD may give you one of the following decisions on your sponsorship appeal:
- Your appeal may be granted and you will keep your permanent resident status.
- Your appeal may be rejected and you will lose permanent resident status. If you are in Canada, the IAD will issue a removal order
Residency obligation appeals are legally complex and you may want to consider hiring a lawyer to assist you. Appeal proceedings are usually open to the public.

What happens if my residency appeal is rejected?

If your residency obligation appeal is rejected, you may make an application for leave and juridical review with the Federal Court. If you win at the Federal Court, your case will be sent back to the IAD for a hearing regarding your immigration appeals.

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Residency obligation appeaL

Who can appeal?

Who cannot appeal?

How to start a sponsorship appeal?

What happens after my residency obligation appeal?

What happens if my residency appeal is rejected?

Looking to immigrate to Canada?

Check here if you accept these terms. *

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Residency obligation appeaL

Who can appeal?

Who cannot appeal?

How to start a sponsorship appeal?

What happens after my residency obligation appeal?

What happens if my residency appeal is rejected?

Looking to immigrate to Canada?

Check here if you accept these terms. *

Real Estate

Family Law

Wills & Estates

Immigration

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Quick Links

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