Learn about your right to appeal a decision

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Immigration Law - Keeping your permanent resident status
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Immigration and Refugee Board (IRB)

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Do permanent residents lose their status if they spend time outside Canada?
This question has an answer and 5 steps

Learn about your right to appeal a decision

You may be able to appeal to the Immigration Appeal Division of the Immigration and Refugee Board if:

Decisions made 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 don't have humanitarian and compassionate reasons to keep your status. There's more about humanitarian and compassionate reasons in the step called Explain why you should not lose 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 Immigration Appeal Division to decide about your appeal.

Decisions made outside Canada

If you apply for a Permanent Resident Travel Document at a Canadian visa office or Visa Application Centre, IRCC can:

  • decide that you have not met your residency obligation, and
  • refuse your application.

The time limit to appeal this decision to the Immigration Appeal Division is 60 days.

Getting legal help

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

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Immigration and Refugee Board
Reviewed: March 12, 2019

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