As we know, Canadian permanent resident (PR) status comes with specific obligations, including the requirement to stay in Canada for at least 730 days over the past 5 years.
Unfortunately, circumstances can sometimes work against us, making it impossible to meet this requirement. Examples include caring for an ill relative in your home country, seeking medical treatment abroad, travel restrictions (remember the COVID-19 period), and much more.
If you receive a notification from the tribunal about the termination of your PR status or are denied a travel document to return to Canada as a PR, you have the right to file an appeal and argue your case based on humanitarian and compassionate grounds.
What the tribunal will consider when reviewing this type of appeal:
- How many days you fell short of meeting the PR residency requirement (falling short by 2–4 weeks is different from missing half the required time).
- The reasons for your prolonged absence.
- Your level of integration in Canada at the time of obtaining PR status and at the time of the potential loss of status.
- Family ties in Canada.
- The consequences for you and your family if you are not allowed to remain in Canada.
- Whether attempts were made to return to Canada at the earliest opportunity.
- The best interests of any child involved, if applicable.
This is not an exhaustive list, but it includes the most common considerations when appealing to retain PR status on humanitarian grounds.
Note that only IRB-licensed consultants (which I am) or immigration lawyers can file these types of appeals.
