5. Appeal a removal order or decision taking away your status

You may be able to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) if an officer decides that you have not met the residency obligation.

You may be able to make humanitarian and compassionate (H&C) arguments at the IAD to ask to keep your status. Learn what those are in Step 4.

Appealing a decision about permanent resident status is complicated. If you can, get legal help.

Removal order in Canada

Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) can decide that:

• you've lost your status as a permanent resident because you did not meet the residency obligation, and
• you do not have H&C reasons to keep your status.

They can then make a removal order that says you must leave Canada. But you may be able to appeal that decision. The time limit to appeal a removal order is 30 days.

If you appeal, you can stay in Canada while you wait for the IAD to decide about your appeal.

Decision outside Canada

If you apply for a permanent resident (PR) travel document at a Canadian visa office or Visa Application Centre, IRCC can:

• decide that you have not met your residency obligation,
• you do not have H&C reasons to keep your status, and
• refuse your application.

The time limit to appeal this decision to the IAD is 60 days.

The officer may decide that you did not meet the residency obligation. But, if you were physically present in Canada at least once in the year before the officer's assessment, they usually grant you a PR travel document. You can use the travel document to enter Canada and stay for your appeal.

When your status ends

A permanent resident only loses their status when:

• the time limit to appeal is over if they do not appeal, or
• the IAD refuses their appeal.

Getting legal help

Appealing a decision about permanent resident status is complicated. If you can, get legal help.