2. Explain why you should keep your status

It's always important to get help from a lawyer or other licensed representative if you may not have met the residency obligation or are unsure.

Explain why you should keep your status

Even if Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) think you have not met the residency obligation, you may be able to give evidence and explanations to show that you have met the requirement. For example, you may be able to show that time you spent outside Canada should be included. Step 3 says what evidence may help you prove this.

Before deciding, IRCC or CBSA can also look at any humanitarian and compassionate (H&C) reasons for allowing you to keep your status. Read Step 4 to learn about H&C reasons. Get legal help if you need to make these arguments.

When you can give explanations

IRCC and CBSA have different ways to identify that someone may not have met their residency obligation. The process depends on your situation.

For example, if you applied for a permanent resident travel document, IRCC may send you a letter saying that they have concerns that you have not met the residency obligation. There's usually a deadline to send evidence and explanations. Get legal help to reply.

Or if you ask to enter Canada at the border, the officer may think you have not met the residency obligation. They might allow you to enter Canada and come back later to give them more information. Or they might give you a removal order. You're usually allowed to enter and stay in Canada while you appeal the removal order.

Appeal

If an IRCC or CBSA officer decides that you have not met the residency requirement, you will have a chance to present your arguments and evidence to the Immigration Appeal Division (IAD). Step 5 explains the appeal process.