Appeal To IAD

[Atul_suthar]

Sir have a nice day …my self Atulkumar and I was in Calgary since 2007 as cabinetmaker ( work permit) then I became permanent resident in 2009 and I was in Calgary within five years , more than 730 days and l had applied my PR Card for renewal in August 2014 then I left Canada in 2015 February… and I got email in 2016 from CIC Calgary that mention in your PR card ready to pick up so I had applied PRTD from India but reply was that you have to appeal IAD but I didn’t because I don’t know about process of appeal so please help me can I Reapply to IAD ? to get back my PR status please let me know and guide me how to get and reply me as soon as possible…,… thank you so much

[SettlementOrgMod]

Hello Atulkumar,
Thank you for sharing your situation and question with us. We can appreciate confusion about all the information in your particular situation.
We have received some information from one of our legal researchers; and apologize for the delay. We hope you find their information useful

We have organized a timeline based on the information you have provided:

• August 2014: Applied for PR card renewal
• February 2015: You left Canada
• 2016: (1) CIC Calgary told you to pick up your new PR card; and (2) a Canadian visa office in India denied your PRTD application and told you that you have a right to appeal the decision with the IAD.

Although you did not mention the reason why the visa office denied your PRTD application, we will assume that it was because you failed to comply with the residency obligation (i.e., 730 days within the most recent 5-year period) in 2016. There are other less common reasons for someone to lose his PR status, such as becoming inadmissible to Canada due to security reasons](https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons.html), human rights violations, or criminality reasons. We will discuss your PR status based on the assumption that you had failed to comply with your residency obligation. The appeal process for other reasons mentioned may be different.
If a decision was made against you on the ground that you have failed to comply with the residency obligation, you would have 60 days to appeal the decision](https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf). If you did not submit an appeal to the IAD within this 60-day period, this decision would become a final determination of your PR status. The consequence of this is that you would lose your PR status.
The Canadian visa office in India should have informed you about this in a letter titled “residency determination – refusal letter.” You can find more information at the IRB, under “Apply for a PRTD” or ENF 23 Loss of permanent resident status in section 8.2.
As the events took place in 2016, and you did not appeal, you may likely have lost your PR status. If you did in fact lose your PR status, you may apply for an eTA/visa to travel to Canada. However, if you wish to re-apply to become a PR of Canada, you can visit the IRCC site for more information.

Please keep in mind this is only legal information, it is not legal advice. If you want or need legal advice you will need to contact a reputable lawyer or the nearest Community Legal Clinic regarding your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Theresa
Settlement.Org Team,
Certified Community Resource Specialist (CCRS)