Keyork Immigration Law

TORONTO 416 479-3632 MONTREAL 514 664-1227 info@keyorkimmigrationlaw.com

Residency Obligation Appeal

My Permanent Residence Card Renewal Application was denied, what can I do?

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permanent residence card renewal application

A refusal of a Permanent Residence Card Renewal can be appealed to the Immigration Appeal Division within 60 days of the refusal. If the refusal is based on security reasons or misrepresentation, then the right to appeal is limited.

Like any appeal, this process is legalistic. Most people choose to be represented by an immigration representative at the appeal. You should also consult with a representative prior to filing an appeal to determine the suitability and the correct basis for appeal. Sometimes, it may serve you better to follow an alternate route such as re-applying with more supporting documents or with a stronger explanation which your representative can prepare for you.

If you are outside Canada when your PR card was refused and if you chose to appeal the refusal, you will be able to attend your appeal hearing via telephone conference.

Travel Document Application was refused, what can I do to return to Canada?

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travel document application

When you apply for a travel document from outside Canada, CIC makes a “Permanent Residency Status Determination” to establish that you continue to maintain your permanent residence status and are therefore entitled to the travel document to return to Canada. If you are found to have not met the residency requirements, your application for travel document will be refused. You will have 60 days from the date of the refusal letter to appeal the decision at the Immigration Appeal Division in Canada. If you have not spent at least one day in the last 365 days, then your Travel Document Application will be refused.

If an applicant requests the issuance of a travel document subsequent to the receipt of a refusal letter, there will be situations where a travel document may be issued with a validity period of fewer than six months. One such situation is when permanent residents do not meet the residency requirement but have been in Canada at least once in the past 365 days. Permanent residents in this situation are allowed to enter Canada during the 60-day appeal period even if they have not yet filed an appeal.

If this is also refused, you can file the appeal and submit an application to appear in person at the appeal hearing to the IAD. The IAD may find that your attendance through teleconference is sufficient but if it finds that your presence is necessary at the hearing, an order will be issued allowing you to enter Canada for the specific purpose of attending the hearing.

It is strongly advised that you consult a qualified and experienced representative to provide you with the adequate legal recommendations.