Permanent Residency Obligation Appeal lawyer
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Refusals & DelaysRefusals & Delays
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Immigration AppealsImmigration Appeals
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InadmissibilityInadmissibility
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Temporary ResidenceTemporary Residence
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Permanent ResidencyPermanent Residency
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Family SponsorshipFamily Sponsorship
Permanent Residency Appeal Lawyer
At The Law Office of Tià Sherene McCalla, we understand how important your permanent resident status is to your life and future in Canada. If you have been informed that you did not meet your residency obligation, our team will guide you through the appeal process professionally and carefully. As a lawyer experienced in permanent residency appeals, we will provide solutions tailored to your unique case.
Permanent Residency Obligation Appeals in Canada
In Canada, Permanent Residents must meet certain residency obligations to maintain their status. These obligations include physically residing in Canada for at least 730 days during the last five years. If a permanent resident fails to meet these requirements, they may lose their permanent resident status. However, if you find yourself in a situation where you have not met the residency requirements, there is an opportunity to appeal the decision through a residency obligation appeal.
What Is a Permanent Residency Obligation Appeal?
A Permanent Residency Obligation Appeal is a legal process that allows permanent residents to challenge the decision made by Immigration, Refugees, and Citizenship Canada (IRCC) regarding not having met their residency requirements. This appeal is made to the Immigration Appeal Division (IAD), where an impartial panel will review your case. If successful, the Applicant’s permanent resident status will be maintained.
The appeal process provides an opportunity to present evidence or explain reasons for your absence from Canada. For example, medical emergencies, work commitments, or family obligations may be considered valid reasons for not meeting the residency obligation.
With the assistance of a lawyer, you can file a permanent residency obligation appeal, present evidence, argue compassionate grounds, and work to retain your status.
Who Can File a Residency Obligation Appeal?
You may file a PR Obligation Immigration Appeal in Canada if:
- IRCC denied your application for a Permanent Resident Travel Document (PRTD) while abroad.
- You have not voluntarily renounced your permanent resident status.
Who Cannot Appeal:
- Individuals who have voluntarily given up their PR status.
- Those under an enforceable removal order for serious criminality, security concerns, or rights violations.
Key Steps in Filing a Residency Obligation Appeal
The key steps in filing a Residency Obligation Appeal begin with submitting a Notice of Appeal within 60 days of receiving the IRCC’s refusal letter, including the refusal letter and any supporting documents. Next, you should gather supporting documents, such as travel records, employment history, and family connections in Canada, while highlighting any humanitarian and compassionate (H&C) grounds that support your case. In some situations, the Immigration Appeal Division (IAD) may suggest participating in Alternative Dispute Resolution (ADR) to resolve the issue without a formal hearing. If ADR is unsuccessful, you will need to prepare for the hearing, where you will present your evidence and arguments before the IAD, demonstrating why your permanent resident status should be reinstated.
Factors Considered During the Permanent Residency Obligation Appeal
The IAD evaluates several factors, including, but not limited to:
- Evidence of ties to Canada, including family and community connections.
- Establishment in Canada through employment, education, the length of time lived in Canada, before and after becoming a permanent resident or property ownership.
- The best interests of any children affected by the decision.
- Humanitarian and compassionate considerations, including hardship caused by losing PR status.
What Happens If a Permanent Residency Obligation Appeal is Successful?
If the appeal is successful, your permanent resident status will be reinstated, and the IRCC will resume processing any related applications. This means you can continue living, working, and enjoying the benefits of being a permanent resident in Canada. However, if the appeal is unsuccessful, your PR status may be revoked, and you could face a removal order, which could lead to deportation from Canada. In such a case, you may be required to leave the country and may lose the opportunity to return.
Residency Appeals Lawyer in Toronto – The Law Office of Tià Sherene McCalla
At The Law Office of Tià Sherene McCalla, we bring a compassionate, client-focused approach to every case. As a dedicated Residency Appeals Lawyer in Toronto, we provide:
- Thorough Case Review: We analyze your situation and develop tailored strategies.
- Expert Representation: Strong advocacy during hearings or ADR sessions.
- Clear Communication: Keeping you informed and confident throughout the appeal process.
Residency Obligation Appeal Lawyer - Act Now!
You have 60 days to file your appeal, making timely action crucial. Contact The Law Office of Tià Sherene McCalla to discuss your case and protect your status in Canada.
Book a Consultation Today!