RO not met _ filed appeal

[TAS2016]

Hi,

Though an active reader of this forum but now found that there is a need to get some advise;

1- My and family granted PR stated back in Aug-2010. We landed and return to home country and landed back Canada in Aug-13. While family continue to be there, i was not able to get reasonable job therefore took few measure to upgrade per Canadian job market.

2- I opened LLC and started management consulting services, not successful in getting local customers but using my connections got short term consultancies overseas which kept my cash flow running.

3- I started and completed in Nov-15 my Canadian education, wife also got local diploma in social sciences and kids going to school. I am having my own house in Canada as well.

4- While PR card expired i applied for TD for landing back in Canada but it was refused with representation that i haven't met RO being physically there. Instead visa office issued 1 time visa in case i want to appeal against decision of not meeting RO.

5- I have filed appeal and got acknowledgement from Toronto IAD office.

I have already filed my PR renewal application but it went for secondary review since May-15. I have reported 436 days as working overseas for Canadian self business out of total days of 765.

I am assembling documents to backup my appeal and need advise. If anyone also having some links of IAD decisions made earlier and chances of success.

Thanks

 

[scylla]

You can't count the days you spent working outside of Canada towards PR. There are circumstances where you can count time spent working outside of Canada towards PR. But your situation doesn't fit this requirement since you set up your own company within Canada and then worked contracts overseas. Your appeal will most likely be refused since you have so few residency days in Canada.

I would drop the appeal and have your wife sponsor you for PR instead.

 

[TAS2016]

Thank you Scylla.

At this time i am inclined in preparing my case, already working on it and assembling evidence after looking in to few court judgments. I am hopeful that it will worth trying.

In case appeal is dismissed/rejected, would it create negative impression if my wife sponsor then.

 

[scylla]

It's quite possible / likely the appeal waiting time will be longer than the time required for your wife to sponsor you.

But ultimately your choice...

 

[TAS2016]

Hi Scylla,

1- Could you please advise if appeal can be withdrawn during the process and my wife can then sponsor me. I am given one time visa to land in to Canada but i noticed it is marked RX-1.

2- I would also like to share my supporting documents with a good lawyer to seek the probability of winning appeal, any idea please.

3- I also intend to stay in Canada and not to go out indefinitely, provided i am allowed, unless issue is resolved, will it bring some positive indication to my case.

4- During the process of appeal what will be my status, can i apply for jobs and other health benefits.