081: SPECIAL SERIES: Hearings and appeal procedures on immigration – appeal procedure against Rekha McNutt Canada Immigration

L.Losing your status in Canada is the worst nightmare for permanent residence. Unfortunately, many Canadian PRs lose their permanent residence status. One of the most common ways to lose your PR status is to fail to meet residence requirements. As a result, Rekha McNutt again participates in my special series of hearings and complaints on immigration to discuss details of residence requirements and file complaints against deportation orders with the Immigration Complaints Department (IAD).

Rekha mainly practices in immigration law. She has extensive experience with temporary residence visas, express entry, federal skilled workers, Canadian experience class, Alberta immigrant nominee program, sponsorship for family classes, refugee claims, pre-removal risk assessments and applications for humanitarian and compassionate permanent residence in Canada.

Rekha has focused much of her practice on judicial review of applications for various types of negative decisions related to immigration by the Federal Supreme Court.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench in Alberta. She has also appeared extensively before the Federal Supreme Court of Canada and immigration courts such as the Immigration Department, the Department of Refugee Protection, and the Department of Immigration Complaints.

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

In this episode, Rekha and I had a very exciting discussion about all sorts of issues related to the challenge of moving orders and answered some of the most common questions about residence requirements for permanent residents of Canada:

  • 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 rejected at the border because it does not meet residence requirements?
  • How much time do you have to appeal your move order?
  • Is the process for submitting a complaint to IAD different for complainants in Canada and outside of Canada?
  • Are there exceptions to the residence requirement?
  • What does a hearing at the Immigration Appeals Division look like?
  • How can you justify your absence in Canada?


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