Jamaican Mother Wins Appeal to Restore Canadian PR Status

By Sukhram Ramkissoon

According to Canadian immigration law, a permanent resident must reside in Canada for at least 730 days within a five-year period to maintain permanent resident (PR) status. If a permanent resident fails to meet this obligation while remaining outside Canada, they have the right to appeal to the Immigration Appeal Division (IAD), where they may seek humanitarian and compassionate (H&C) relief to regain their status.

Consider the recent case of Rosita (not her real name), who was physically present in Canada for only 22 days during the five years before applying for a Permanent Resident Travel Document (PRTD). Rosita, a 36-year-old Jamaican citizen, became a Canadian permanent resident in November 2006 at age 16. In June 2025, she applied for a PRTD without legal representation through the visa office in Jamaica, but her application was refused because she did not meet the residency obligation. She appealed the decision to the IAD.

Her appeal hearing took place in March 2026, where she was represented by my daughter, Cindy Ramkissoon-Shears, from our office, Immigration Matters. Cindy did not dispute the visa officer’s decision, acknowledging it was legally valid. Instead, she argued that Rosita’s appeal should be allowed on H&C grounds because special circumstances justified relief. The Minister opposed the appeal and requested dismissal.

Rosita had clearly breached the residency requirement, meaning substantial H&C considerations were necessary for success. She testified that she had been sponsored to Canada by her Canadian citizen mother and had lived in Canada from 2006 to 2021. During that period, she gave birth to three Canadian-born children and was their sole provider, as their fathers were absent from their lives.

From 2009 onward, Rosita frequently travelled to Jamaica to care for her father, who suffered severe health complications after being paralyzed by a gunshot wound when Rosita was 13 years old. Her father died in March 2019, but Rosita continued travelling between Jamaica and Canada until December 2020, when she travelled to Jamaica with her children and mother.

Rosita testified that she intended to return to Canada in January 2021 after settling her father’s estate. However, she discovered he had accumulated significant debts, and plans to sell land and assets to resolve them failed. In March 2021, she was diagnosed with mental health conditions and suffered Bell’s palsy, which temporarily paralyzed the right side of her face.

She explained that her recovery, combined with depression, anxiety, and panic attacks following her father’s death, affected her ability to return to Canada. She also testified that she was reluctant to travel because she feared potential vaccine side effects connected to Bell’s palsy. Despite her prolonged absence, she maintained strong ties to Canada through her children, mother, and community connections.

Rosita further argued that the best interests of her Canadian-born children would be served by returning to Canada together as a family. Since the children had lived with her their entire lives and remained with her in Jamaica after December 2020, separation would cause hardship.

She also testified that remaining in Jamaica posed serious challenges. Her mental health remained fragile, medical treatment was costly, employment opportunities were limited, and she lacked a strong support system there.

Earlier this month, Rosita received a positive decision from the IAD allowing her to retain her permanent resident status and return to Canada. The IAD member ruled that, considering the best interests of the children and the significant oral and documentary evidence presented, sufficient H&C grounds existed to justify granting special relief.

In the written decision, the IAD member explained that several established legal factors guided the assessment, including the degree of non-compliance with residency requirements, reasons for remaining outside Canada, ties to Canada, and establishment both in Canada and abroad. The best interests of any child directly affected by the decision were also important considerations. The member noted that these factors are not exhaustive and that the weight given to each depends on the circumstances of the case.

The IAD member further stated that the 730-day residency rule recognizes that permanent residents may have social, family, and other obligations requiring them to spend time abroad. Rosita had landed in Canada as a minor but had lived with her father in Jamaica for most of her childhood. The member accepted that she maintained a close bond with him, ensured he received caregiving support, visited him regularly, and assisted him through significant health struggles as his only child.

The member also accepted that Rosita’s extended stay abroad was reasonable in light of her circumstances. Medical evidence confirmed that she suffered Bell’s palsy in March 2021 and experienced facial paralysis. Documentation also supported her diagnosis of depression and anxiety, for which she received medication and treatment. The member found Rosita credible, noting she gave consistent testimony about her medical condition, her life in Canada, her community ties, and her efforts to return at the first available opportunity.

Ultimately, the IAD concluded that sufficient H&C grounds existed to grant special relief. Rosita will now be able to return to Canada as a permanent resident and resume life with her children, mother, and support network.

SUKHRAM RAMKISSOON is a member of CICC and specializes in Immigration Matters at No 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 789 5756.

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