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
Aspect | Key Details | Why It Matters for Permanent Residents |
---|---|---|
When Appeals Apply | PR card renewal refused for not meeting residency obligation or other reasons | Provides a second chance to retain permanent resident status |
Residency Obligation | Must be physically present in Canada for at least 730 days in the last 5 years | Failure to meet this requirement can trigger loss of PR status |
Appeal Deadline | Must file appeal to Immigration Appeal Division (IAD) within 60 days of refusal | Missing the deadline results in loss of appeal rights |
Hearing Process | IAD reviews both legal and humanitarian & compassionate grounds | New evidence and testimony are allowed |
Location of Hearing | Hearings held in Canada; overseas appellants may testify by teleconference | Accessibility for appellants outside Canada |
Grounds for Appeal | Legal errors in refusal decision, compassionate factors such as family ties, hardship, or medical needs | Can strengthen case beyond strict legal arguments |
Outcome if Successful | Retain permanent resident status and obtain new PR card | Allows continued residency and access to PR benefits |
Outcome if Unsuccessful | May appeal to Federal Court for judicial review | Limited to reviewing legal errors; no new evidence allowed |
Travel Documents for Appeal | Available to appellants who have been in Canada at least once in last year or if IAD deems presence necessary | Ensures participation in hearings when outside Canada |
Representation | Strongly recommended to work with an experienced immigration consultant or Canadian immigration lawyer | Increases 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.
Contact us
(514) 499-2979
info@immigrationcouncil.com
Monday - Friday (9:00 AM – 5:00 PM)
Related services
- Refugee Hearings – Legal assistance for asylum seekers.
- Admissibility Hearings – Help with legal issues affecting entry into Canada.
- Detention Review Hearings – Support for detained individuals.
- Sponsorship Appeals – Assistance if your sponsorship application is refused.
- Individuals Without Legal Status – Solutions for those facing status challenges.