IMMIGRATION REFUSAL EMERGENCY
Refusal A41:
Residency Obligation
Received a refusal letter or removal order? This is not the end. Immediate action is required.
Refusal Analysis
"Loss of PR status for absence from Canada (>730 days over 5 years)."
If you are a permanent resident and have not been physically present in Canada for at least 730 days in the last 5 years, you risk losing your permanent residency. This is often discovered upon return to Canada or when renewing the PR card.
Legal Context
Section 28 of the IRPA requires permanent residents to be physically present in Canada for at least 730 days in each five-year period.
Why the Officer Refused (Common Reasons)
!
Extended work abroad.!
Caring for a sick relative outside Canada.!
Extended studies abroad.!
Family issues in home country.OUR STRATEGY
How We Fix It
Appeal to the IAD on Humanitarian & Compassionate grounds.
1
Exact calculation of days of presence in Canada.2
Appeal to IAD within 60 days of the removal order.3
Preparation of Humanitarian & Compassionate arguments.4
Demonstration of establishment in Canada (work, family, assets).Frequently Asked Questions
Can I lose my permanent residency?
Yes. If you don't meet the 730-day obligation, a removal order can be issued.
What humanitarian grounds are accepted?
Children in Canada, stable employment, property, community ties, medical reasons for absence.
Don't Waste Time
Deadlines for Federal Court (15/60 days) or Restoration (90 days) are strict.
Book a Consultation+1 514-546-9853Why a Level 3 Consultant?
- Authorized to plead before the Tribunal (IRB)
- Expertise in appeals and judicial review
- Management of complex cases (A40, A36, etc.)