Our Ottawa immigration lawyers at Gerami Law PC have successfully represented clients, before the Immigration Appeal Division (IAD) and the Federal Court, who have for various reasons not met the permanent residency obligations.
We examine the facts of each case carefully and will prepare your appeal before the IAD Member, emphasizing the relevant factors, including:
- Evidence of humanitarian and compassionate considerations;
- It is in the best interests of your child that you do not lose your permanent residency;
- Your reasons for breaching your residency obligations;
- Your degree of establishment and continuing connections to Canada;
- Any attempts you made to return to Canada; and,
- The hardship and dislocation your family members will suffer if you lose your permanent residency.
The Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer (also outside Canada) with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, he/she risks losing his/her permanent resident status. The permanent resident may appeal the CIC decision to the IAD, no later than 60 days after receiving the decision letter from CIC.
If the individual is outside of Canada, but was in Canada at any time over the past 365 days, CIC must provide a travel document to that person so that the person can travel to Canada. If the IAD decides that the person must be at the hearing in person, it may issue such an order. CIC will then issue a travel document to allow travel to Canada for the hearing. Otherwise, the hearing may be held by telephone.
For more information please contact Gerami Law PC to arrange for a immigration lawyer consultation with one of our immigration and refugee lawyers in order for us to discuss how we can assist you on your residency appeal.