In the realm of Canadian immigration, understanding the process of appealing a residency obligation refusal is quite important if you want to keep your permanent resident status. At Immigration Nation, we’re dedicated to shedding light on this complex process, providing you with the necessary guidance to navigate the Immigration Appeal Division (IAD) effectively. This blog aims to simplify the steps involved in lodging a residency appeal, elucidating who’s eligible, the process, and how to prepare for your hearing. With our expert advice, appealing a residency obligation refusal becomes a less daunting task.
What is The Immigration Appeal Division in Canadian Immigration?
The Immigration Appeal Division, or IAD, is part of the Immigration and Refugee Board (IRB), acting as a key decision-making group for various immigration disputes, including applications that relate to the refusal of a spousal sponsorship. It stands separate from the main immigration department, focusing on looking closely at appeal cases to make sure decisions are fair and are in alignment with Canadian law. For those needing to appeal a residency obligation violation, there’s a strict 60-day limit to get started after you receive the initial decision, which really underlines the need to move quickly and, ideally, to have a lawyer to help guide you through this tricky process.
IAD and Residency Appeal
Who can appeal?
If you are a permanent resident of Canada, you need to stay in the country for at least 730 days in every five years to keep your status. If you were outside Canada and got turned down for a travel document because you didn’t meet this rule, you can ask for another look at your case. This is called a residency obligation appeal, and it’s for people who tried to get a travel document from a Canadian office in another country but were told they didn’t stay in Canada enough.
Who cannot appeal?
Not everyone has the option to appeal through this channel. Specifically, if you were within Canada when you applied for your status and received a removal order for failing to meet your residency obligations, your path doesn’t lie with a residency obligation appeal. Instead, you’re directed towards a removal order appeal. This distinction is crucial, as it determines the appropriate legal avenue for maintaining your permanent resident status or contesting a decision related to it.
Steps for Appealing a Residency Obligation Application to the IAD
Embarking on a residency appeal involves several meticulously outlined steps:
1.Understanding and Initiating Your Appeal: First, grasp the specifics of your residency obligation and identify if exceptions or humanitarian reasons apply to your case. Initiating your appeal involves submitting a Notice of Appeal and the IRCC decision letter within 60 days of receiving the refusal.
2.Gathering Your Evidence: Collect and prepare a significant amount of evidence to help support your claim of meeting the residency requirement, including travel documents, employment records, or proof of ties to a Canadian citizen or permanent resident.
3.Preparing for Your Hearing: Once you have submitted your appeal, a hearing date will be set. It’s important that you prepare thoroughly, considering whether to hire legal representation, how to present your evidence, and possibly, how to secure a travel document to attend the hearing if you’re outside Canada.
4.Waiting for the Decision: Post-hearing, the decision will be made based on the evidence you presented. The outcome could either allow you to keep your permanent resident status, dismiss your appeal, or place conditions on what you may have to do to maintain your status.
Conclusion
The thought of having to appeal you residency can feel like a huge weight, but the good news is that it can be managed with the right help and preparation. Here at Immigration Nation, our team of experts are ready to guide you every step of the way to make sure your application gets the best chance of approval. With consultants who have the knowledge on how to address immigration legalities you will have a higher chance of success when it comes to restoring your permanent resident status in Canada. If you’re looking for advice or help with your application, don’t hesitate to reach out to us at Immigration Nation. Our experts are committed to helping you succeed!
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