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Residency condition appeals

Permanent residents of Canada, must be physically present in the country for at least 730 days (two years) within a five-year period to fulfill residency obligations (with a few exceptions). Failure to meet this condition may result in the loss of permanent resident status.

If a permanent resident loses their status due to not meeting the residency requirements, there is the option to appeal the decision. Appeals are typically made based on humanitarian and compassionate grounds.

It has been established by the Canadian Courts that the longer the stay outside Canada, the stronger the humanitarian reasons must be. Various factors can be argued in such appeals, including the reasons for departing from Canada, the reasons for an extended stay abroad, attempts to return to Canada at the earliest opportunity, the level of integration and ties to Canada, family connections and potential for sponsorship, the hardship faced by the appellant and their family if removed to their country of nationality or denied entry to Canada, the best interests of any children involved, and any other unique or special circumstances that may warrant special relief.

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