CASE #2 – Residency Obligation

Permanent residents are required to spend a minimum of 730 days present in Canada in any given five-year period. Here is a typical residency appeal case:

March 2009:
Yuwei, a Chinese national and a permanent resident of Canada, landed in Canada along with her husband and ten year-old son.
Mar. 2010-Nov. 2015:
Yuwei travelled many times to China, where she spent the majority of her time.  During Yuwei’s travels to China, her husband and son remained in Canada.
November 2015:
Yuwei had been in Canada for less than 730 days since landing in Canada. She applied for a travel document to return to Canada.
December 2015:
Her application for a travel document was refused for failing to meet the residency obligation. Yuwei has 60 days to appeal the visa officer’s decision.

Grounds for Appeal

Yuwei needs to prove that she either met the residency requirement between November 2010 and November 2015 (the date of her application for a travel document) or apply for equitable relief.

The Immigration Act and Regulations allows for exceptions to the 730 days Rule, including but not limited to, if Yuwei is on a temporary assignment working for a Canadian company abroad; if she is accompanying her Canadian citizen spouse while she is outside Canada, or, alternatively, she can request that the IAD consider humanitarian and compassionate (H&C) reasons for her inability to meet her residency obligations. The law is quite complex and requires the advice of skilled professionals to guide you to a successful appeal.

MBB Immigration

MBB Immigration and MBB Law have lawyers, consultants and paralegals, including a former Canadian visa officer.  We speak Mandarin and Cantonese.  We understand your culture, practices and beliefs.  We have the knowledge, experience and commitment to ensure that you have the best representation.

Whether your appeal stems from a Family Class sponsorship, a failed Residency Obligation, or Misrepresentation, we can advise you as to what evidence you will need to gather and present to the IAD and guide you so that you may obtain a successful outcome.

Regina Lee
Phone: 416-721-9932
Email: reginalee@mbb.ca