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Residency Obligation Appeal

Told you did not meet the 730-day residency obligation? You can usually appeal to the Immigration Appeal Division and keep PR status while it is decided. The IAD can look at legal errors and at humanitarian reasons for your time abroad.

CICC licence R509291 (RCIC-IRB). Verify licence

Residency obligation appeal

IAD representation

Filing, ADR and hearings

Deadline checks

We confirm your appeal window first

Two offices

Islamabad and Mississauga

When can you appeal?

A residency decision is usually made when a PRTD is refused abroad, when you are examined at the border, or when you apply for a PR card in Canada. In each case you can normally appeal to the IAD.

If you appeal while outside Canada and win, IRCC issues a travel document so you can return. You remain a permanent resident until the appeal is finally decided.

Key facts

Requirement 730 days in 5 years
Deadline (outside Canada) 60 days
Deadline (in Canada) 30 days
Decided by IRB Immigration Appeal Division

What the IAD considers

Grounds for a residency appeal

Most successful appeals rely on humanitarian factors backed by strong evidence.

Legal or calculation errors

The officer miscounted your days, ignored days with a Canadian spouse or parent, or applied the wrong rule.

Reason for your absence

Why you stayed outside Canada, for example a parent's illness, your own health or a legal obstacle to travel.

Efforts to return

Evidence that you tried to come back at the first reasonable opportunity.

Ties to Canada

Family in Canada, property, bank accounts, tax filings and your degree of settlement before you left.

Children's interests

The best interests of any child directly affected by the decision.

Hardship

The hardship you or your family would face if you lost PR status.

How it works

How a residency appeal works

You will need a notice of appeal, supporting documents and a clear legal argument. This is how the appeal moves through the IAD.

01

Confirm the deadline

Usually 60 days from receiving a decision made outside Canada, and 30 days for a removal order made in Canada. We confirm yours first.

02

File the notice of appeal

We file the notice with the IAD, with a copy of the decision, inside the deadline.

03

Review the record

IRCC or CBSA sends the appeal record. We check the officer's day count and reasons.

04

Build the evidence

Documents on your absence, ties to Canada, efforts to return and family, with written submissions.

05

ADR or hearing

Some appeals resolve at an alternative dispute resolution meeting. Others go to a full hearing, often by video.

06

Decision

If the appeal is allowed, you keep PR status and, if abroad, IRCC issues a travel document so you can return.

Why Euro Consultants

How we handle your residency appeal

Licensed RCIC-IRB

CICC licence R509291, authorised to represent you at the Immigration Appeal Division.

Deadline first

We confirm your appeal window from the decision letter before anything else.

Day count rechecked

We test the officer's calculation against your passport, entry records and any days that count abroad.

Humanitarian case built

Your reasons for being away, efforts to return, ties to Canada and children's interests, set out with evidence.

Hearing preparation

We prepare you and any witnesses for ADR or a full hearing, including by video from Pakistan.

Two offices

Islamabad for appellants in Pakistan, Mississauga for those already in Canada.

Residency appeal FAQs

Do I lose PR status while my appeal is pending?

No. You remain a permanent resident until the IAD makes a final decision, or until the time to appeal runs out without an appeal.

Can I attend the hearing from Pakistan?

Yes. IAD hearings are usually held by video conference, so appellants outside Canada can take part.

What if I stay in Canada after returning?

Time spent in Canada after a refusal can help your humanitarian case. Tell us your plans so the evidence reflects them.

Can a consultant represent me at the IAD?

Only Canadian lawyers, Quebec notaries and RCIC-IRB consultants can be paid to represent you. You can check any consultant on the CICC public register.

How long do I have to file a residency appeal?

Generally 60 days from receiving a residency decision made outside Canada, such as a PRTD refusal, and 30 days from a removal order made in Canada. Missing the deadline usually ends your right to appeal, so act quickly.

What is the 730-day residency obligation?

Permanent residents must be physically present in Canada for at least 730 days (two years) in every five-year period. The days do not have to be continuous, and time abroad with a Canadian-citizen spouse or parent, or working full-time for a Canadian employer, can also count.

What documents do I need for the appeal?

The notice of appeal and the decision, plus evidence for your case: travel history, proof of why you were away, efforts to return, ties to Canada such as family, property, bank accounts and tax filings, and anything showing the effect on children.

What happens if I win the appeal while I am in Pakistan?

You keep your PR status, and IRCC issues a travel document so you can return to Canada. Once back, you can apply for a new PR card and should plan your time in Canada to meet the obligation going forward.

Received a residency decision? Act within the deadline

Send us the decision letter. We will confirm your deadline, your strongest grounds and the evidence you need.

Canada office: +1 905 399 8620 · info@euroimmiconsultant.pk · Islamabad: Office #36, Mezzanine Floor, Beverly Centre, Blue Area

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