You have not complied
with your permanent residency obligation
A permanent resident must comply with the residency obligation by being physically present in Canada for at least 730 days (2 years) in any 5-year period. This obligation is set out in section 28 of Canada’s Immigration and Refugee Protection Act.
We can advise you on this matter. We can represent you if a removal order has been issued against you when you arrive in Canada.
Please note that there are exceptions to the requirement to have both feet on Canadian soil as set out in section 28 (2). It is possible to submit exceptional humanitarian and compassionate circumstances to Canadian authorities to justify your inability to remain in Canada for enough days to meet your obligation. These exceptions must be invoked in the context of an application for a foreign travel document or a request for renewal of a permanent residency card.
If a removal order is issued against you at the Canadian border, you will have to appeal to the Immigration Appeal Division to challenge the officer’s calculation of days and/or to present your humanitarian and compassionate circumstances, including your settlement, family ties, best interests of a child, conditions in your home country, etc.
The court will hear your testimony and that of your witnesses, if necessary, to determine whether there are sufficient humanitarian and compassionate grounds in your case to allow your appeal.
We can advise you on residency obligations whether you are in the planning stage or facing removal proceedings. We can provide you with the benefit of our experience in representing you before immigration courts.
