Residency Obligation Hearings: A Complete Guide for Permanent Residents
By Mohsen Khorvash-RCIC-IRB
Introduction
As a Permanent Resident (PR) of Canada, you must meet the residency obligation of staying in Canada for at least 730 days (2 years) within any 5-year period. If Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) believes you have not met this requirement, they may issue a Section 44(1) Report (A44 Report) and refer you to a residency obligation inadmissibility hearing.
Your Rights and Next Steps
Entering Canada for Your Hearing
Even with an A44 Report, you can enter Canada:
✔ With valid PR card: Normal entry process
✔ With expired PR card: Apply for PR Travel Document
✔ At border: Always be truthful about your situation
⚠ Warning: Never lie to CBSA officers – this can lead to a 5-year ban
Who Can Represent You?
Only authorized professionals can help with hearings:
- Immigration Lawyers (full legal representation)
- RCICs (licensed immigration consultants)
- Paralegals (limited scope in Ontario)
❌ Avoid unauthorized “consultants” – they may harm your case
Preparing Your Defense: Two Key Scenarios
Scenario 1: You Met the Requirement (Mistaken Hearing)
Step 1: Get Your A44 Report
- Request through ATIP
- Check for calculation errors
Step 2: Gather Evidence
- Passport stamps and CBSA travel records
- Lease agreements, utility bills
- Tax documents (NOAs)
- Employment records (if exempt)
Step 3: Request Early Resolution
- Submit evidence to CBSA before hearing
- Many cases get withdrawn at this stage
Scenario 2 : You Didn’t Meet Requirements (Defense Strategies)
Option 1: Humanitarian Appeal
- Show Canadian family ties
- Prove hardship if removed
- Demonstrate establishment in Canada
Option 2: Challenge Calculations
- Use IRCC’s Physical Presence Calculator
- Point out CBSA errors
Option 3: Compliance Plan
- Promise to meet requirements going forward
- Offer to stay in Canada continuously for 2 years
Option 4: Voluntary Renunciation
- Give up PR status voluntarily
- Avoid formal removal order
- Preserve future immigration options
Critical Advice: Honesty and Documentation
🚨 Never misrepresent facts – penalties are severe
✅ Double-check all dates – small errors can hurt your case
📁 Organize evidence chronologically – makes your case stronger
Need Professional Help?
Residency cases are complex. As a licensed RCIC-IRB, I can:
✓ Review your A44 Report for errors
✓ Help gather strong evidence
✓ Represent you at hearings
✓ Develop the best strategy for your case
📞 Contact me today for a consultation:
(647)463-5541
info@canadamis.ca
www.canadamis.ca
Licensed by the College of Immigration and Citizenship Consultants (CICC). Member in Good Standing.
Disclaimer
The information provided on this page is for general informational purposes only and does NOT constitute legal advice. Immigration cases are highly fact-specific, and outcomes depend on individual circumstances. Reading this content does not create a consultant-client relationship. If you need help, you can contact us.
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