081: SPECIAL SERIES: Immigration Hearings and Appeals – Residency Appeals with Rekha McNutt

Losing your status in Canada is the worst nightmare for Permanent Resident. Unfortunately, many Canadian PRs end up losing their Permanent Residence status. One of the common ways to lose your PR status is by not meeting the residency requirement. In this episode Rekha McNutt joins me once again for our Special Series of Immigration Hearings and Appeals to discuss specifics of residency requirements and filing appeals of the Removal Orders at the Immigration Appeal Division (IAD).

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I had a very engaging discussion of all sorts of issues related to challenging Removal Orders and answered some of the most common questions about residency requirement for Canadian Permanent Residents:

  • How can you lose your PR status in Canada?
  • How much time do you have to stay in Canada to maintain your PR Status?
  • Can a Canadian PR be turned away at the border for not meeting the residency requirement?
  • How much time you have for appealing your Removal Order?
  • Does the process of filing an appeal to IAD differ for in-Canada and outside of Canada appellants?
  • Are there any exceptions to the residency requirement?
  • What does a hearing at Immigration Appeals Division look like?
  • How can you justify your absence in Canada?

 

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