October 19, 2022

Successful Residency Obligation Appeal with zero days of physical presence in Canada

Our firm has recently been successful in a residency obligation appeal, where the appellant had zero days of physical presence in Canada within the relevant period under consideration. When the client approached our office to appeal the negative residency obligation determination, we knew that it would be one of the most difficult cases we have argued, given the most serious breach of the residency obligation. However, out team carefully explored and assessed the appellant’s circumstances, provided extensive evidence and vigorously argued before the Immigration Appeal Division that the appeal should be allowed based on humanitarian and compassionate consideration present in this case. We were successful in showing that the Appellant has encountered circumstances beyond his control which prevented him from returning to Canada in a timely manner to meet his residency obligation, although this has always been his intention, and that he has done everything in his power to return to Canada at the earliest opportunity, among other considerations.  Despite the most significant breach of the residency obligation, the panel granted the relief on humanitarian and compassionate grounds, which resulted in positive result for our client. We are very pleased that we were able to assist our client in retaining his permanent resident status in Canada.