Make a residency obligation appeal

New IAD Rules for immigration appeals have now come into force.

This webpage has been updated to reflect the new Rules.​

In this type of appeal, an officer from Immigration, Refugees and Citizenship Canada (IRCC) found that you have not met your residency obligation. This means you could lose your permanent resident status. 

Canada's immigration law says that a permanent resident must be “physically present in Canada” at least 730 days in every 5-year period preceding your application for a travel document. This is called your residency obligation.

Who can appeal

You can make a residency obligation appeal if you applied to a Canadian visa office for a travel document while you were overseas.

However, if you were in Canada when you applied, and you received a removal order for not meeting your residency obligation, you need to make a removal order appeal.

Immigration appeals are public

Members of the public can attend most immigration appeal hearings. Information that you used in your appeal may appear in the IAD's written decision. The decision may be published on an official website about legal decisions. If a member of the public or the media asks for a copy of the documents in your appeal, the IAD will provide one.

The only time this cannot happen is when you or the Minister's Counsel have asked for and obtained a confidentiality order. This can happen if there are exceptional circumstances, for example, if your safety or your child's safety can be at risk.