What is a permanent residency (residency obligation) appeal in Canada?

A permanent resident residency obligation appeal allows a permanent resident to challenge a decision that they failed to meet the 730-day physical presence requirement in Canada within a five-year period. The appeal is heard by the Immigration Appeal Division, which can restore permanent resident status if legal or humanitarian grounds are established.

Can I appeal even if I did not meet the 730-day residency requirement?

Yes. Even if you clearly fell short of the 730-day rule, the Immigration Appeal Division may still allow your appeal based on humanitarian and compassionate considerations, such as family obligations, serious illness, employment abroad for a Canadian entity, or the best interests of children affected by the decision.

How long do I have to file a PR residency obligation appeal?

Deadlines are strict. You generally have 60 days if the negative residency decision was made outside Canada, for example by a visa officer refusing a travel document, and 30 days if a removal order was issued inside Canada. Missing the deadline can permanently bar your appeal.

Can I stay in Canada while my residency obligation appeal is pending?

In many cases, yes. Filing a valid appeal can suspend enforcement of a removal order until the Immigration Appeal Division makes a final decision. Whether you can remain in Canada depends on where the decision was issued and your current status, and this should be assessed by an immigration appeal lawyer immediately.

What factors does the IAD consider when deciding a residency obligation appeal?

The Immigration Appeal Division looks beyond simple day counts and considers the reasons for your absence from Canada, your establishment and ties to Canada such as family, work, property and taxes, the length and pattern of time spent abroad, the hardship caused by losing permanent resident status, and the best interests of any children affected. Strong evidence and a clear narrative are critical.

What happens if my PR residency obligation appeal is successful or dismissed?

If your appeal is allowed, your permanent resident status is restored and any related removal order is cancelled. If your appeal is dismissed, you lose permanent resident status and may be required to leave Canada. In some cases, a Federal Court judicial review may still be available.

How successful are PR residency obligation appeals?

Success depends heavily on the quality of evidence, credibility, and how well humanitarian factors are presented. Many appeals succeed where applicants can demonstrate genuine reasons for time abroad and strong ongoing ties to Canada. Legal representation can significantly improve outcomes.

Can I work with a residency obligation appeal lawyer near me if I’m outside Toronto?

Yes. While Ayodele Law is based in Toronto, we represent clients across Canada and internationally in permanent resident residency obligation appeals before the Immigration Appeal Division and the Federal Court.

Residency Obligation Appeal Lawyer in Canada

Lost your Canadian PR status—or worried about losing it? Ayodele Law helps clients across Canada appeal PR residency obligation decisions and fight to keep their permanent residence. Our experienced immigration appeal lawyer builds strong, compassionate cases before the IAD and Federal Court.

Lost Your Permanent Resident Status? Ayodele Law Can Help You Keep It.

If you’ve been told you did not meet your Canadian permanent residency obligation, you may still have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).

At Ayodele Law, our permanent residency obligation appeal lawyer helps clients defend their PR status by building persuasive cases that highlight strong ties to Canada and humanitarian reasons for time spent abroad.

What Is a Permanent Residency Obligation Appeal?

To keep your PR status, you must be physically present in Canada for at least 730 days within the last five years. If Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) finds that you didn’t meet this requirement, they may issue a residency obligation breach.

A PR residency obligation appeal allows you to challenge that finding before the IAD. The Board may allow your appeal if:

You can prove you met the 730-day requirement, or
You demonstrate compelling humanitarian and compassionate (H&C) grounds for your absences.

Our firm carefully reviews your case, gathers supporting documents, and prepares strong written submissions to help restore your status.

Who Can Appeal a PR Residency Obligation Decision?

You may be eligible to appeal if:

You are a permanent resident found to have breached the 730-day rule, or
You were outside Canada and received a negative determination from a visa officer abroad.

If you were in Canada when the decision was made and received a removal order, you may need to file a removal order appeal instead.

Those whose PR status was revoked for serious criminality or security reasons may not be eligible to appeal, but Ayodele Law can assess whether a Federal Court judicial review is possible.

Can You Appeal a PR Residency Obligation Decision From Outside Canada?

Yes. Many permanent residents file residency obligation appeals while outside Canada after receiving a negative determination from a visa officer abroad. If your appeal is successful:

Your permanent resident status is restored, and
You may be issued a Permanent Resident Travel Document (PRTD) to return to Canada

In some cases, the IAD may allow you to participate in the hearing by videoconference or telephone, depending on your location and circumstances.

Common Reasons for Residency Obligation Breaches

Many clients fail to meet their residency requirement for reasons beyond their control, including:

Extended absences caring for ill family members abroad
Long-term employment or education outside Canada
Failure to maintain accurate travel records or renew PR cards in time

The IAD considers whether your absences were reasonable and whether you’ve maintained meaningful ties to Canada through family, property ownership, tax filings, or community involvement.

What Evidence Matters Most in a PR Residency Obligation Appeal

The success of a permanent residency obligation appeal often depends on the quality and organization of your evidence. The Immigration Appeal Division (IAD) does not rely on explanations alone — it expects clear documentation supporting both your time in Canada and any humanitarian reasons for absences. Common evidence includes:

Travel records (passport stamps, CBSA travel history, airline itineraries)
Proof of physical presence (leases, employment records, tax filings)
Family ties in Canada (marriage certificates, children’s school records)
Medical or caregiving documentation explaining extended time abroad
Community and economic establishment (letters of support, volunteering, business ownership)

At Ayodele Law, we assess gaps in evidence early and structure your appeal record to clearly show why retaining your PR status is justified under Canadian immigration law.

Humanitarian and Compassionate (H&C) Factors

Even if you didn’t meet the 730-day rule, the IAD can allow your appeal on humanitarian and compassionate grounds. The Board considers:

The extent of non-compliance
Reasons for your absence
Your establishment and ties in Canada
The best interests of children affected
The hardship you and your family would face if PR status is lost

At Ayodele Law, we craft compelling narratives and legal arguments that highlight your Canadian connections and the human impact of losing your status.

What Happens If Your PR Residency Obligation Appeal Is Dismissed?

If the Immigration Appeal Division dismisses your residency obligation appeal, you will generally lose your permanent resident status and may be subject to a removal order if you are in Canada. However, dismissal does not always mean the end of your legal options. In some cases, you may be able to:

Apply for judicial review at the Federal Court of Canada
Request a stay of removal while court proceedings are ongoing
Explore alternative humanitarian or immigration pathways

Because timelines are strict, it is critical to seek legal advice immediately following an adverse decision. Ayodele Law advises clients on next steps and escalation options where appropriate.

  
    What Happens in a PR Residency Obligation Appeal?
  
Filing a Notice of Appeal within 60 days of receiving the decision.
Disclosure of Evidence by both sides before the hearing.
Alternative Dispute Resolution (ADR) — an opportunity to resolve your case without a full hearing.
Hearing Before the IAD — you and your lawyer present testimony and documentary evidence.
Decision — the IAD may allow, dismiss, or stay your appeal based on the evidence and humanitarian factors.

What Happens in a PR Residency Obligation Appeal?
Filing a Notice of Appeal within 60 days of receiving the decision.
Disclosure of Evidence by both sides before the hearing.
Alternative Dispute Resolution (ADR) — an opportunity to resolve your case without a full hearing.
Hearing Before the IAD — you and your lawyer present testimony and documentary evidence.
Decision — the IAD may allow, dismiss, or stay your appeal based on the evidence and humanitarian factors.

Why Choose Ayodele Law for Your PR Residency Obligation Appeal

At Ayodele Law, we know how critical your permanent resident status is. Our team builds focused, compassionate appeals to help you stay in Canada and protect your future.

Residency Appeal Expertise — Deep experience with IAD cases involving absences and humanitarian grounds.
Strong Evidence Strategy — We organize travel records and supporting proof that show your ties to Canada.
Humanitarian Advocacy — Persuasive submissions highlighting genuine reasons for time spent abroad.
Direct Lawyer Access — Work personally with Tracy Ayodele for clear, confident representation.
Next-Step Guidance — If needed, we advise on Federal Court review options.

Ayodele Law delivers practical strategy and care to help you keep your permanent resident status.

Ready to proceed? Book a consultation

Frequently Asked Questions

You may still have questions about permanent residency obligation appeals in Canada. Below are answers to common concerns about the 730-day requirement, appeal deadlines, humanitarian considerations, and what happens if your PR status is at risk. If your situation is time-sensitive, speaking with an immigration appeal lawyer can help you understand your options quickly and clearly.

A PR residency obligation appeal allows a permanent resident to challenge a decision that they failed to meet the 730-day physical presence requirement in Canada within a five-year period. The appeal is heard by the Immigration Appeal Division (IAD), which can restore PR status if legal or humanitarian grounds are established.
Yes. Even if you clearly fell short of the 730-day rule, the IAD may still allow your appeal based on humanitarian and compassionate (H&C) considerations—such as family obligations, serious illness, employment abroad for a Canadian entity, or the best interests of children affected by the decision.
Deadlines are strict:
- 60 days if the negative residency decision was made outside Canada (for example, by a visa officer refusing a travel document).
- 30 days if a removal order was issued inside Canada.
  Missing the deadline can permanently bar your appeal.
In many cases, yes. Filing a valid appeal can suspend enforcement of a removal order until the IAD makes a final decision. Whether you can remain in Canada depends on where the decision was issued and your current status—this should be assessed by an immigration appeal lawyer immediately.
The IAD looks beyond simple day counts and considers:
- Reasons for your absence from Canada
- Your establishment and ties to Canada (family, work, property, taxes)
- The length and pattern of time spent abroad
- The hardship caused by losing PR status
- The best interests of any children affected
  Strong evidence and a clear narrative are critical.
- If allowed: Your permanent resident status is restored, and any related removal order is cancelled.
- If dismissed: You lose PR status and may be required to leave Canada. In some cases, a Federal Court judicial review may still be available.
Success depends heavily on the quality of evidence, credibility, and how well humanitarian factors are presented. Many appeals succeed where applicants can demonstrate genuine reasons for time abroad and strong ongoing ties to Canada. Legal representation significantly improves outcomes.
Yes. While Ayodele Law is based in Toronto, we represent clients across Canada and internationally in PR residency obligation appeals before the IAD and Federal Court.

From Our Clients

From start to finish, Tracy's professionalism and personalized approach made a significant difference in my case and my life. She was not only knowledgeable but also genuinely supportive, ensuring that every step of the process was handled with care and attention to detail. If you need expert immigration assistance, I highly recommend Ayodele Law

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