Residency Appeals – So, you were not in Canada for enough days…
For your permanent residency application to be approved, you must be physically present in Canada for two years of every 5-year period. The immigration authorities check for compliance to this rule whenever you apply for a new card or travel document and also when entering Canada. If it is found out that you haven’t complied, you may not be issued a new PR card or travel document or you could even face a removal order if in Canada. Once this decision is made, an immigration lawyer Canada
can help the applicant to appeal the case in the Immigration Appeal Division.
What happens to your residency status
When you receive a negative decision from the IRCC, it is important to consult your lawyer immediately. An immigration appeals lawyer Canada will advise you on how to go about filing an appeal, and this needs to be done within 30 days after receiving the decisions. You’ll still be considered a permanent resident after filing the appeal. However, if the appeal is refused, the individual will lose permanent residence and be ordered to leave Canada.
What happens in the IAD?
When an appeal is brought before the IAD, it will be treated depending on the permanent resident’s unique circumstances. Among the factors that the IAD will consider when making a decision include: how well the permanent residence has been a part of the community whether through employment, religion or other activities he/she engages in while in Canada. The IAD will also consider whether the PR has other family members such as a spouse or children established in Canada. Your lawyer should help you to be properly prepared to demonstrate to the IAD that leaving Canada would result in hardships.
One of the factors that the IAD strongly considers when deciding whether to revoke someone’s permanent residency is their character and behavior. Are you a good, law-abiding member of the Canadian society? Have you been involved in any criminal activity while in Canada? Have you taken part in any Canadian events? These are indications that you have an interest in being a part of the Canadian community and hence your appeal could be granted.
What were your reasons for being outside Canada?
Most appeal cases are allowed if the applicant provides very good explanations for why they have been outside of Canada. For instance, if the time spent outside Canada was due to work or employment that was only being done temporarily, then the IAD could accept the appeal. However, if the individual is going to continue working or studying outside Canada, the appeal could be denied.
The IAD may also grant an appeal if the reason for leaving Canada is due to family commitments such as taking care of an ailing parent. However, it must be shown that no other family member could provide caregiving services to the ailing family member. Your immigration lawyer will advise you on the best approach to take in order to demonstrate to the IAD that the time spent outside of Canada was truly necessary.
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