Next steps after winning IAD appeal

[albertdsa]

Hi, I just had IAD issue a decision in my favor regarding my non-compliance of fulfilling my residency days in Canada. I had stayed only 400 out of the 730 days required in the last 5 years. I am now in Canada and would like to know the next steps to proceed once I have the written decision in hand. Request your input in such a case. Thank you so much for sharing your experience.

 

[dpenabill]

Hi, I just had IAD issue a decision in my favor regarding my non-compliance of fulfilling my residency days in Canada. I had stayed only 400 out of the 730 days required in the last 5 years. I am now in Canada and would like to know the next steps to proceed once I have the written decision in hand. Request your input in such a case. Thank you so much for sharing your experience.

If you had a lawyer's assistance, the lawyer is the better source.

Obviously the Minister will be allowed the statutory time within which to seek judicial review before the decision is conclusive.

After that time, assuming the Minister does not pursue judicial review (some might call that an appeal to the Federal Court), you do not need to do anything in regards to your PR status except what every other PR needs to do, and that is going forward you will need to continuously comply with the PR Residency Obligation.

Assuming this arose from being issued a 44(1) Report and Departure Order following a Port-of-Entry examination, or from a denied application for a PR TD, you could proceed to apply for a new PR card.

If you are not planning on traveling outside Canada any time soon, that makes things simple and easy. Once the IAD decision is conclusive (no Minister appeal), the days you have been in Canada while the appeal was pending will count toward your ongoing Residency Obligation. Once you pass the threshold for being in Canada at least 730 days within the last five years, no worries about traveling outside Canada so long as you continue to stay above that minimum threshold.

Given the favourable decision, and assuming it was based on H&C considerations, you may have some leeway to travel outside Canada even if you are not yet at the 730 days within the last five years. That is a more difficult calculation. A lengthy absence, in particular, could be risky, perhaps very risky, depending on all the other particular facts and circumstances in your situation.

 

[albertdsa]

If you had a lawyer's assistance, the lawyer is the better source.

Obviously the Minister will be allowed the statutory time within which to seek judicial review before the decision is conclusive.

After that time, assuming the Minister does not pursue judicial review (some might call that an appeal to the Federal Court), you do not need to do anything in regards to your PR status except what every other PR needs to do, and that is going forward you will need to continuously comply with the PR Residency Obligation.

Assuming this arose from being issued a 44(1) Report and Departure Order following a Port-of-Entry examination, or from a denied application for a PR TD, you could proceed to apply for a new PR card.

If you are not planning on traveling outside Canada any time soon, that makes things simple and easy. Once the IAD decision is conclusive (no Minister appeal), the days you have been in Canada while the appeal was pending will count toward your ongoing Residency Obligation. Once you pass the threshold for being in Canada at least 730 days within the last five years, no worries about traveling outside Canada so long as you continue to stay above that minimum threshold.

Given the favourable decision, and assuming it was based on H&C considerations, you may have some leeway to travel outside Canada even if you are not yet at the 730 days within the last five years. That is a more difficult calculation. A lengthy absence, in particular, could be risky, perhaps very risky, depending on all the other particular facts and circumstances in your situation.

Thank you so much for your reply and the information. It is very helpful and informative. I have planned to continue to stay in Canada, as this is home, with my family, fulfill my RO days and continue to serve the community where I live. No plans to travel outside Canada or even go anywhere close to the border.....

Thanks once again and have a blessed safe day.