RO appeal

[javishm]

Hi,

Currently my parents and I, renewed our PR without making the RO. The file is currently under appeal and is waiting to be called to the board.

I moved to Canada permanently recently and got a job. I was considering sponsoring my wife but was wondering if it is possible while being under review by the appeal board.
I was told I can renounce my PR and reapply under the express entry instead of waiting on a decision from the appeal board

What are your thoughts on that?

any assistance will be greatly appreciated

 

[Rob_TO]

I moved to Canada permanently recently and got a job. I was considering sponsoring my wife but was wondering if it is possible while being under review by the appeal board.

No, you don't qualify to sponsor anyone until your appeal is finalized, and only if it's successful.

I was told I can renounce my PR and reapply under the express entry instead of waiting on a decision from the appeal board

Sure this is an option. You can renounce your PR at any time, and submit a new PR app and include your spouse in that app.

If you're currently in Canada, just note you will need to stop working immediately after renouncing your PR status, and would need to leave Canada unless you can get some temporary residence here (like visitor status).

 

[javishm]

No, you don't qualify to sponsor anyone until your appeal is finalized, and only if it's successful.



Sure this is an option. You can renounce your PR at any time, and submit a new PR app and include your spouse in that app.

If you're currently in Canada, just note you will need to stop working immediately after renouncing your PR status, and would need to leave Canada unless you can get some temporary residence here (like visitor status).

Thank you for the speedy response

My previous PR and appeal would affect my new application in anyway?

I made the move to Canada but clearly it might be too late.
Chances of the appeal being successful are usually slim?

 

[Rob_TO]

Thank you for the speedy response

My previous PR and appeal would affect my new application in anyway?

It shouldn't. As long as you qualify for a current immigration stream, you should be able to apply and be selected based on your qualifications alone.

Chances of the appeal being successful are usually slim?

Knowing nothing at all about your case, it's impossible to say.

 

[javishm]

Knowing nothing at all about your case, it's impossible to say.

So basically we got PR December 2010. I was in university until 2012. I was back and forth during that time. But not for long periods. When I was done school. There is an obligation of working for the government to basically help pay back for some of the tuition. That time finished in 2015. At that time I got married.
My parents owns a business back home and they have been trying to sell or lease the business but that hasn't been successful. There was some legal issues with that lease of the business. Also my grand father died and my dad is the executor of the estate and family had issues with the estate and he was trying to settle that matter.
We all applied for renewal of PR but my mum decided to apply for the TD which she got denied and that's how the appeal started. It also happened to my application and my dads. Eventually PR cards was issued in 2016 where I then made the final move. Was it too late?
I was told that the PR care being issued is no good sign. It's just a legal requirement.

 

[Rob_TO]

So basically we got PR December 2010. I was in university until 2012. I was back and forth during that time. But not for long periods. When I was done school. There is an obligation of working for the government to basically help pay back for some of the tuition. That time finished in 2015. At that time I got married.
My parents owns a business back home and they have been trying to sell or lease the business but that hasn't been successful. There was some legal issues with that lease of the business. Also my grand father died and my dad is the executor of the estate and family had issues with the estate and he was trying to settle that matter.
We all applied for renewal of PR but my mum decided to apply for the TD which she got denied and that's how the appeal started. It also happened to my application and my dads. Eventually PR cards was issued in 2016 where I then made the final move. Was it too late?
I was told that the PR care being issued is no good sign. It's just a legal requirement.

1 year validity PR cards are issued during the appeals process. It's not a good or bad sign, it's just a typical process during any appeals.

Your family's reasons for not meeting the RO mostly seem like personal matters (school, work, etc) and not those typical of warranting a H&C claim (such as severe medical condition of a family member requiring extended stay outside Canada). As such I agree that your odds to win appeal are indeed very slim.

If you think you qualify under Express Entry or some other immigration stream, you may want to consider simply renouncing your PR status and starting that process instead immediately. Appeals can take a long time to hear, during which time you can't submit any new PR app, and a low chance of success in the end. Or if your appeal date is coming up soon, may as well see it through and can re-apply for PR if you lose.

 

[javishm]

1 year validity PR cards are issued during the appeals process. It's not a good or bad sign, it's just a typical process during any appeals.

Your family's reasons for not meeting the RO mostly seem like personal matters (school, work, etc) and not those typical of warranting a H&C claim (such as severe medical condition of a family member requiring extended stay outside Canada). As such I agree that your odds to win appeal are indeed very slim.

If you think you qualify under Express Entry or some other immigration stream, you may want to consider simply renouncing your PR status and starting that process instead immediately. Appeals can take a long time to hear, during which time you can't submit any new PR app, and a low chance of success in the end. Or if your appeal date is coming up soon, may as well see it through and can re-apply for PR if you lose.

Our file was only submitted in April 2017. So I believe we have a long wait ahead still

I think we have a good chance applying under the express entry to get the PR

Actually my dad was sick. I tried to settle back in 2014 and about two months in he got sick and I had to fly down to see about him and the business. I know that's not much towards the case.

 

[Rob_TO]

Our file was only submitted in April 2017. So I believe we have a long wait ahead still

I think we have a good chance applying under the express entry to get the PR

Actually my dad was sick. I tried to settle back in 2014 and about two months in he got sick and I had to fly down to see about him and the business. I know that's not much towards the case.

Since your dad was a PR he could have received free medical care while residing in Canada. So it's doubtful that will help much in the H&C case.

Of course every case is different, so ultimately it's up to the IAD whether to grant appeal of not.

Also if you decide to renounce and apply for PR again with Express Entry, that will be fine for you and your spouse but will not help your parents at all. If they lose the appeal, they will probably not be able to immigrate again unless you get new PR, qualify for 3 years income, and get selected in parents lottery to sponsor them.