Notice of appeal – residency obligation appeal

Residency obligation notice of appeal

Important instructions for residency obligation appeals

You have the right to appeal a decision made outside Canada by Immigration, Refugees and Citizenship Canada (IRCC) on your failure to meet permanent residency obligations, under section 63(4) of the Immigration and Refugee Protection Act. If other members of your immediate family also are affected by the IRCC decision, they must submit their own notice of appeal form. The form must be completed in English or in French.

Once you complete the form N​otice of appeal - residency obligation appeal (PDF, 1.2​ MB), you must provide it to the office of the Immigration Appeal Division (IAD) so that it is received no later than sixty (60) days after you received the IRCC written decision. The Notice of Appeal must be provided together with one copy of the IRCC decision you are appealing.

The addresses, telephone numbers, fax numbers, and emails of the IAD offices are listed below. You must provide your notice of appeal and the IRCC decision to the IAD office that serves the province or territory where you last lived when you were in Canada. If you choose to provide these documents by mail, you must allow for 20 days of mailing time (for out-of-Canada mail), and make sure that the IAD office actually receives the document before the deadline.

If you wish to return to Canada for the hearing of your appeal, you may need a travel document to travel to Canada. Under section 31(3)(c) of the Immigration and Refugee Protection Act, IRCC will give you a travel document if you have been physically present in Canada at least once in the past 365 days. If you are not entitled to a travel document from IRCC, you may make an application to the IAD for an order under section 175(2) of the Immigration and Refugee Protection Act to enable you to return. Under section 46 of the Immigration Appeal Division Rules, these application documents must be received by the IAD and by the Minister's Counsel no later than sixty (60) days after the IAD receives your notice to appeal. After considering your submissions and the Minister's submissions, the IAD may order that you be issued a travel document if the IAD Member is satisfied that it is necessary for you to be present at your appeal hearing.

Immigration Appeal Division offices