Montreal, QC, Canada
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Understanding Permanent Residence Loss
As a permanent resident of Canada, you have the right to live, work, and study anywhere in the country. However, PR status isn't automatic or permanent—it can be lost under specific circumstances. When this happens, the consequences are severe: you may face removal from Canada, separation from family, loss of employment, and the destruction of the life you've built.
The two most common reasons permanent residents lose their status are failure to meet residency obligations and inadmissibility findings, often related to criminal convictions. Understanding these grounds is the first step in mounting an effective appeal.
Residency Obligation Requirements
The Basic Rule
To maintain permanent resident status, you must be physically present in Canada for at least 730 days (2 years) within every 5-year period. This calculation is rolling—it looks back at the most recent 5 years, not a fixed period.
What Counts Toward Your Physical Presence?
Understanding what counts is crucial for your appeal:
- Days in Canada: Any full or partial day you're physically in Canada counts
- Employment Abroad: Days you're outside Canada working full-time for a Canadian business or the Canadian government count as days in Canada
- Accompanying a Canadian Citizen Spouse: Days spent outside Canada accompanying your Canadian citizen spouse or common-law partner count
- Accompanying a PR Spouse on Qualifying Employment: Days accompanying your permanent resident spouse who's working abroad for a Canadian business or government count
Common Misunderstandings
Many permanent residents lose status due to misunderstandings about residency obligations. Visiting Canada occasionally isn't enough—you need substantial physical presence. Having property in Canada or paying taxes doesn't excuse absences. Family emergencies abroad, while understandable, don't automatically exempt you from the requirement.
When Can You Lose PR Status?
Residency Obligation Non-Compliance
If an immigration officer determines you haven't met the residency obligation, they can issue a removal order. This typically happens when you're applying to renew your PR card, entering Canada at the border, or during an examination by Immigration, Refugees and Citizenship Canada (IRCC).
Criminal Inadmissibility
Certain criminal convictions make permanent residents inadmissible to Canada, leading to loss of status. The seriousness of the offense matters:
- Serious Criminality: Offenses punishable by a maximum of at least 10 years imprisonment in Canada, or where you received a sentence of more than 6 months (even if you didn't serve it), make you inadmissible. These carry no right of appeal to the Immigration Appeal Division.
- Criminality: Less serious offenses that don't meet the "serious criminality" threshold may still result in inadmissibility findings, but you retain the right to appeal.
Misrepresentation
If you're found to have misrepresented facts on any immigration application—even years ago when you first became a permanent resident—your status can be revoked. These cases are complex and require immediate legal intervention.
The Immigration Appeal Division Explained
The Immigration Appeal Division (IAD) is your opportunity to challenge removal orders on humanitarian and compassionate grounds. Unlike administrative reviews, the IAD is a full hearing where you can present evidence, call witnesses, and make arguments about why you should be allowed to keep your permanent residence despite not technically meeting the requirements.
Who Has the Right to Appeal to the IAD?
You can appeal to the IAD if:
- You're a permanent resident with a removal order for failing to meet residency obligations
- You're a permanent resident found inadmissible for criminality (but not serious criminality)
- Your sponsored family member's application was refused, and you're the sponsor appealing that refusal
Who Cannot Appeal?
Unfortunately, some cases don't have IAD appeal rights:
- Permanent residents found inadmissible for serious criminality (offenses with maximum sentences of 10+ years or actual sentences over 6 months)
- Individuals found inadmissible for security reasons, violating human or international rights, or organized criminality
- Persons who made refugee claims that were determined to be manifestly unfounded
If you don't have appeal rights, other options may exist including judicial review or humanitarian and compassionate applications. We'll assess your situation during consultation.
Building Your Humanitarian and Compassionate Case
The key to IAD appeals is presenting compelling humanitarian and compassionate (H&C) grounds that outweigh the reasons for your removal. The IAD considers all circumstances of your case, balancing the reasons for the removal order against H&C factors that favor allowing you to stay.
Factors the IAD Considers
1. Establishment in Canada
How deeply rooted are you in Canadian society? This includes:
- Length of time in Canada as a permanent resident
- Employment history and professional qualifications
- Property ownership and financial investments
- Community involvement, volunteering, and social connections
- Education and professional development in Canada
- Tax compliance and financial stability
2. Family Ties and Best Interests of Children
This is often the most powerful H&C factor. The IAD places significant weight on:
- Canadian Citizen or PR Family Members: Spouses, common-law partners, children, and other close relatives who depend on you
- Best Interests of Children: If you have children in Canada—especially Canadian citizens—their interests are paramount. Separation from a parent is presumptively not in a child's best interests
- Family Dependency: Evidence that family members rely on you emotionally or financially
- Family Unity: The importance of keeping your family together in Canada
3. Circumstances Leading to Loss of Status
Why did you fail to meet residency obligations or become inadmissible? The IAD considers:
- Family emergencies abroad (serious illness, death of family members)
- Medical conditions that prevented your return
- Employment circumstances that kept you abroad
- Cultural factors or obligations in your home country
- For criminal cases: circumstances surrounding the offense, rehabilitation efforts, and remorse
4. Hardship of Removal
What would happen to you and your family if you're removed from Canada?
- Country conditions in your country of citizenship (safety, economic opportunity, political stability)
- Medical treatment availability for you or family members
- Children's education and future opportunities
- Employment and career prospects
- Psychological impact of family separation
5. Rehabilitation and Future Compliance
For criminal inadmissibility cases, demonstrating rehabilitation is critical. For residency cases, showing your intent to maintain presence in Canada matters.
Our IAD Appeal Services
Preparing for an IAD hearing requires meticulous attention to detail and compelling presentation of your circumstances. Our comprehensive services include:
- Case Assessment: We review your situation, identify all H&C factors, and assess your likelihood of success
- Notice of Appeal Filing: We ensure your appeal is filed within the 30-day deadline (60 days if you were outside Canada)
- Evidence Gathering: We help you collect documentary evidence including employment records, medical reports, children's school records, letters of support, psychological assessments, and country condition information
- Witness Preparation: We prepare you and your witnesses to testify effectively
- Legal Submissions: We craft detailed written submissions citing relevant case law and legal principles
- Hearing Representation: We represent you at the full IAD hearing, which typically lasts 2-4 hours
- Post-Hearing Strategy: If successful, we guide you through maintaining compliance going forward
The IAD Hearing Process
Before the Hearing
After filing your Notice of Appeal, you'll have several months to prepare—current processing times are 12-18 months depending on location. This time is precious. We use it to build the strongest possible case, gathering evidence and crafting arguments that resonate with IAD members.
At the Hearing
IAD hearings are formal but less intimidating than criminal court. You'll testify about your circumstances, and we'll call supporting witnesses (family members, employers, community members). The Minister's representative may cross-examine witnesses. We then present legal arguments explaining why H&C considerations favor allowing you to keep your PR status.
The Decision
The IAD can:
- Allow the appeal: Your removal order is set aside, and you keep your permanent residence (most common in strong H&C cases)
- Stay the removal: Your removal is postponed with conditions you must meet—essentially a probation period
- Dismiss the appeal: The removal order stands, though you may have other legal options
Decisions are typically provided orally at the end of the hearing, with written reasons following weeks later.
Critical Deadlines and Timing
When you receive a removal order, you have just 30 days to file your Notice of Appeal (60 days if outside Canada). Missing this deadline usually means losing your appeal rights entirely. Contact us immediately upon receiving any adverse decision—every day counts.
Why MTK for Your IAD Appeal?
IAD hearings require presenting your life story in a way that's legally compelling and emotionally resonant. Our 20+ years of experience with the IRB system means we know what IAD members respond to. We've successfully preserved PR status for hundreds of clients facing removal.
We understand the stakes. This isn't just about legal status—it's about your home, your family, your career, your children's future. We treat every case with the urgency and dedication it deserves.
Alternative Options If You Can't Appeal
If you don't have appeal rights to the IAD, all is not lost. We can explore:
- Judicial Review: Challenging the decision's legality in Federal Court
- Humanitarian and Compassionate Applications: Applying for permanent residence from within Canada based on H&C grounds
- Criminal Rehabilitation: If inadmissible for criminality, applying for rehabilitation after serving sentences
- Temporary Resident Permits: Short-term authorization to stay while pursuing other options
Take Action Now
If you've received a removal order or been told you don't meet residency obligations, time is critical. The 30-day appeal deadline is strict. Even if you're unsure about your options, a consultation will clarify your situation and available paths forward.
Your life in Canada is worth fighting for. Let us help you build the strongest possible case to preserve your permanent residence and keep your family together.