Residency Appeals

 Process, Deadlines, and Humanitarian Grounds

 

If a permanent resident applies to have their permanent resident card extended and this application is refused on the basis they have not met the residency requirement, or for any other reason, they may appeal to the Immigration Appeal Division of the Immigration and Refugee Board within 60 days. The Appeal Division will hold a hearing to decide if the decision to take away the appellant’s permanent residence should be allowed to stand, or if it should be overturned. The Appeal Division may consider both the legal basis for the appeal and the Humanitarian and Compassionate grounds related to the appeal. The appeal will be held in Canada and the appellant can provide new evidence in support of their case and can testify before a judge. Where the appellant is outside Canada such testimony may be done by teleconference. If the Immigration Appeal Division decides to grant the appeal then the appellant will be permitted to retain their permanent residence and can obtain a new P. R. card. If the Immigration Appeal Division denies the appeal a further appeal to the Federal Court may be made.

Travel documents to Canada can be obtained by those appealing the revocation of their permanent resident status where they have been in Canada at least once within the last year, or where the Immigration Appeal Division determines that their presence in Canada is necessary for their appeal.

Canada Residency Appeals  lawyers and Consulants

 

AspectKey DetailsWhy It Matters for Permanent Residents
When Appeals ApplyPR card renewal refused for not meeting residency obligation or other reasonsProvides a second chance to retain permanent resident status
Residency ObligationMust be physically present in Canada for at least 730 days in the last 5 yearsFailure to meet this requirement can trigger loss of PR status
Appeal DeadlineMust file appeal to Immigration Appeal Division (IAD) within 60 days of refusalMissing the deadline results in loss of appeal rights
Hearing ProcessIAD reviews both legal and humanitarian & compassionate groundsNew evidence and testimony are allowed
Location of HearingHearings held in Canada; overseas appellants may testify by teleconferenceAccessibility for appellants outside Canada
Grounds for AppealLegal errors in refusal decision, compassionate factors such as family ties, hardship, or medical needsCan strengthen case beyond strict legal arguments
Outcome if SuccessfulRetain permanent resident status and obtain new PR cardAllows continued residency and access to PR benefits
Outcome if UnsuccessfulMay appeal to Federal Court for judicial reviewLimited to reviewing legal errors; no new evidence allowed
Travel Documents for AppealAvailable to appellants who have been in Canada at least once in last year or if IAD deems presence necessaryEnsures participation in hearings when outside Canada
RepresentationStrongly recommended to work with an experienced immigration consultant or Canadian immigration lawyerIncreases chances of success through proper preparation and advocacy

 

Protecting Your Permanent Resident Status Through a Strong Appeal

 

Losing permanent resident status can have lasting consequences—not only for your ability to live in Canada, but also for your family and future immigration opportunities. The residency appeal process involves strict deadlines, detailed documentation, and the ability to present both legal arguments and humanitarian factors effectively. Working with an experienced immigration consultant or Canadian immigration lawyer ensures that your case is built on solid evidence, whether that includes proof of time spent in Canada, compassionate grounds such as caring for family members, or demonstrating how loss of status would cause undue hardship. These professionals can also guide you in related processes, such as applying for Permanent Resident Cards or obtaining travel documents to attend your appeal hearing. With the right preparation and representation, a residency appeal can be the turning point in keeping your life in Canada on track.