When you lose your Permanent Resident Status for not meeting the residency obligation

Residency Obligation Appeal

A Permanent Resident may lose their status as a permanent resident for failing to meet their residency obligation.

By law a Permanent Resident has an obligation remain in Canada two (2) years out of five (5) years. There are some exceptions in place that allow you to claim time spent abroad as time spent in Canada such as:

you are accompanying a Canadian Citizen abroad who is you spouse, common-law partner or parent if you are a dependent;
you are employed on a full-time basis by a Canadian business or in the federal
public administration or the public service of a province aborad;
you are accompanying a permanent resident who is your spouse or common-law
partner or, in the case of a child, your parent and that person is employed on a
full-time basis by a Canadian business or in the federal public
administration or the public service of a province

If you are determined to not meet your residency obligation you may lose your status as a Permanent Resident. You may be able to appeal the decision at the Immigration Appeal Division and in some circumstances seek an exemption despite not meeting the residency obligation based on Humanitarian and Compassionate Consideration.

The onus is on you to demonstrate that you meet the residency obligation and if not that there are sufficient grounds to warrant relief.

If you are contemplating appealing your matter you may wish to book a consultation with us.

Please note that this is general Information and should not be construed as legal advice.

Residency Obligation Appeal