1. Was the obligation breached?
The count is rebuilt from passports, entry records and the section 28 exceptions. A wrong count means no breach.
Residency obligation appeals to the IAD
A permanent resident found short of 730 days in Canada can appeal to the Immigration Appeal Division. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents appellants in these appeals.
730 daysin any five years60 / 30days to file the appealEN / RUEnglish and Russian
Free assessment
Tell us where the decision was made and the date it reached you. We reply with the deadline that applies.
How the 730 days are counted
IRPA section 28 counts physical presence over a rolling five-year window, back from the day of examination.
Day 11,825 days = five years
Permanent resident for under five years? The test is whether 730 days can still be reached by the fifth anniversary of becoming a permanent resident.
Days abroad that still count, under section 28(2)(a)
With a citizen spouseAccompanying a spouse, common-law partner or parent who is a Canadian citizen.
Posted by a Canadian employerFull-time work abroad for a Canadian business or the federal or a provincial public service.
With a posted family memberAccompanying a permanent resident spouse, partner or parent working abroad on that basis.
What to bring for a residency appeal
- The refusal or removal orderEvery page, with the officer’s day count.
- Proof of when it arrivedThe email, envelope or portal message.
- Every passport, old and newEntry and exit stamps rebuild the count.
- Records of life in CanadaLeases, tax returns, pay and school records.
- Why the stay abroad lastedMedical letters, a parent’s care, cancelled flights.
- Documents about any childBirth and school records.
Two questions the Division decides
The second can succeed even when the day count was right.
2. Do humanitarian grounds justify keeping status?
Section 67(1)(c) lets the Division weigh humanitarian and compassionate considerations, including the best interests of a child directly affected.
- size of the shortfall
- reasons for leaving
- reasons for not returning sooner
- attempts to come back
- family and ties in Canada
- hardship if status is lost
Appealing from outside Canada
The appellant does not travel to Canada for the hearing. Section 175(2) lets the Division order a physical appearance; otherwise the hearing can go ahead by video or telephone.
- AllowStatus continues.
- StayA removal order is put on hold on conditions (s.68).
- DismissThe decision stands and status is lost.
Two decisions, two deadlines
IRPA section 63 gives the right of appeal. Rule 16 of the Immigration Appeal Division Rules, 2022 sets the time to file the notice.
| Decision | Time to appeal | Rule |
|---|---|---|
| Refusal abroadA visa office refuses a permanent resident travel document. | 60 daysfrom receipt of the written reasons | IRPA s.63(4) · IAD Rules, Rule 16 |
| Removal order in CanadaOften made on arrival at a port of entry. | 30 daysfrom receipt of the removal order | IRPA s.63(3) · IAD Rules, Rule 16 |
Your representative at the Division
Angelina Shuster is a paralegal licensed by the Law Society of Ontario. By-Law 4 allows her to appear before federal tribunals such as the IAD.
- Over 25 yearsOn immigration and criminal matters.
- Same person throughoutShe prepares the evidence and appears at the hearing.
- English or RussianPreparation in either language.
- Richmond Hill office10211 Yonge Street, Suite 205.
What happens after the notice is filed
The sequence set by the Immigration Appeal Division Rules, 2022.
- Notice of appealFiled within the Rule 16 time limit, with a copy of the decision.
- Appeal recordThe Minister sends the Division and the appellant the record of the officer’s decision.
- EvidenceDocuments and witness details are filed within the times the Rules set.
- ADR or hearingAn ADR conference, or a hearing before a Division member.
Can a paralegal represent me at the Immigration Appeal Division?
Yes. The IAD is a division of the Immigration and Refugee Board, a federal tribunal, and LSO By-Law 4 lets a licensed paralegal appear before tribunals created under federal law.
Does the officer consider humanitarian grounds before refusing?
The officer may. Section 28(2)(c) allows humanitarian and compassionate considerations to outweigh the shortfall, so what is sent with a travel document application matters.
What if the 60 or 30 days have already passed?
A late notice can be filed with a request to extend the time limit. The Division decides each request on its own facts.
General information about residency obligation appeals in Ontario, not legal advice; it creates no paralegal-client relationship. Our legal team assists with the full range of your matter, including applications filed with IRCC.
