A Top Appeals Lawyer Can Represent Permanent Residents who are Issued Removal Orders for Non-Compliance
In compliance with the Immigration and Refugee Protection Act (IRPA), permanent residents must be in Canada for a minimum of 730 days during a five-year period. Failure to be living in Canada for the required number of days will lead to removal orders for non-compliance, and residents may be revoked of their permanent residency status.
However, top appeals lawyers can help permanent residents appeal their removal orders under certain circumstances, such as:
- Providing evidence of humanitarian and compassionate considerations;
- Demonstrating that it is in the best interests of the appellant’s child that they do not lose permanent residency;
- Arguing that the appellant’s degree of establishment and continuing connections to Canada is strong;
- Providing evidence that the appellant made attempts to return to Canada; and
- Providing evidence of the hardship and dislocation the appellant’s family members will suffer if permanent residency status is lost.
An Increase in Removals
According to a recent article from The Star, the number of removal orders issued to permanent residents for non-compliance has risen significantly in the last few years, to around 1,400 each year, compared to 605 in 2008.
Permanent residents are usually issued removal orders after entering Canada at ports of entry, such as borders and customs in airports, and their non-compliance with the IRPA has been noticed by visa officers and Citizenship and Immigration Canada. The most common form of non-compliance is being outside of Canada for more than the minimum of 730 days out of a five-year period.
A Decline in Successful Appeals
Permanent residents can appeal their removal orders for humanitarian and compassionate considerations. However, according to recent government statistics, only one in 10 appellants are successful in their appeals. The number of successful appeals has drastically declined since 2008, from 127 successes out of 746 appeals, to 78 successes out of 1,008 appeals in 2014.
Top Appeals Lawyers Can Help
For permanent residents who want to appeal their removal orders, a top appeals lawyer can help with the appeals process so the appellants have a better chance of regaining their permanent residency status.
Permanent residents have 60 days after receiving the removal order letter from Citizenship and Immigration Canada to appeal to the Immigration Appeal Division, so it is crucial to get assistance for the appeal as soon as possible.
A top appeals lawyer can successfully represent permanent residents with their residency appeals and give them a chance to remain permanent residents in Canada.