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MelM

all messages by user

12/8/2014
Topic:
PR Renewal if Not Satisfying Residency Obligation

MelM
MelM
There are a number of complications about your situation.

Your husband should return to Canada as soon as possible if he wants to retain his PR status - and he needs to return before his PR card expires. There is a chance he might be reported when he enters Canada for failing to meet the residency requirement. If he is reported, he will have to appear at a hearing and try to argue why he should be allowed to keep his PR status.

Assuming he can enter Canada without being reported for failing to meet the residency obligation, he should then remain in Canada for two years without leaving and not renew his PR card until he meets the 730 day residency requirement.

He should not file the application to sponsor you until he meets the residency requirement and has renewed his PR card. If he applies to sponsor you sooner, CIC will see he doesn't meet the residency obligation - and will both refuse your sponsorship application and potentially start the process of revoking his PR status.

There is some chance he might be able to renew his PR card earlier for Humanitarian and Compassionate reasons. For this to work, he must be able to prove that he was unable to return to Canada due to a very serious family or personal illness. He will need to show evidence from doctors / hospitals to show that he was held back from returning to Canada for a long period of time. Failing to meet the residency requirement due to financial, education, work, or marriage reasons won't be accepted as an H&C reason.
12/12/2014
Topic:
Applying for Travel Document - Questions

MelM
MelM
You cannot apply for a travel document from within Canada. You can only apply for a travel document from outside of Canada.
12/18/2014
Topic:
No Co-Signer for Mother's Sponsorship Application

MelM
MelM
No - you can't get someone else to co-sign. Only spouses can be co-signers on parent sponsorship applications. So if your spouse drops off as a co-signer, this means you must meet LICO on your own for 4 people (yourself, your two children, and your mother).
12/20/2014
Topic:
Can I get a Work Permit for my Spouse?- Sponsoring

MelM
MelM
No - unfortunately it's not possible to obtain a work permit based on your marriage / sponsorship. If our wife would like to work before becoming a PR, she will need to find an employer who is willing to offer her a job, that employer will have to obtain an approved LMIA, and then she will qualify for a closed work permit tied to that specific employer.
12/20/2014
Topic:
OHIP for my Wife - Pregnancy - Options?

MelM
MelM
Your wife doesn't qualify for OHIP as a visitor to Canada and you would therefore have to pay for all of the costs of the delivery (and any pre-birth care/appointments) out of your own pocket. There are some insurance companies who will sell you insurance coverage to cover the costs of having a baby in Canada. However the insurance must be purchased at least 10 months before the baby is born and there are limits to what the insurance will cover. The alternative is to sponsor your wife for permanent residency first (use the outland process) and delay having a baby until your wife has PR status in Canada and OHIP coverage. Note that OHIP coverage will start three months AFTER she becomes a PR of Canada.
12/20/2014
Topic:
Questions about In-Canada Sponsorship Timeline

MelM
MelM
It's far too early to have heard anything yet if your application was submitted in April and there's nothing to be concerned about. Your timelines are perfectly normal. The processing time for first stage is currently 16 months and CIC is currently working on applications received in August 2013. It's still going to be several months before you hear anything or will be able to see anything online.

You can see the processing times and which applications CIC is currently working on here: http://www.cic.gc.ca/english/information/times/perm-fc.asp
12/23/2014
Topic:
Need to go to the USA...Urgently

MelM
MelM
Assuming your mother holds a non-visa exempt passport, she can use one of three documents to re-enter Canada: (1) valid PR card; (2) IMM 1000/landing document; (3) valid travel document.

She can only apply for a travel document once she is outside of Canada and she should assume it will take at least 5 business days to process. So unfortunately the travel document is not a realistic option for a 1-2 day trip.
12/28/2014
Topic:
Sponsor my Wife - Question about Requirements

MelM
MelM
If you are on social assistance / welfare for reasons other than disability, then you are disqualified from sponsoring your spouse regardless of which province you live in.
1/5/2015
Topic:
2 Year Condition on My COPR - Conjugal Partner

MelM
MelM

Hello,

I have conditional PR of 2 year conjugal cohabitation. Now when my file was in processing my wife was expecting baby and when landed in Canada I was already having daughter. And immigration officer stamped conditional PR. So now how can I change my conditional PR could you please suggest me. I would appreciate for you quick response.

Jack


You can't. Conditional PR is determined / locked-in based on when your application is submitted - not your status as of landing. It's correct that conditional PR has been applied to you and there is no way to remove this condition.
1/12/2015
Topic:
Start Sponsorship from Outside Canada?

MelM
MelM
Since you are a PR, you must be in Canada to start the sponsorship application process. You cannot start the application process from your country of origin.

You can certainly apply for a visitor visa now. You don't have to wait until you have a file number for the sponsorship application.
1/13/2015
Topic:
Next Steps in Sponsorship Process - Questions

MelM
MelM
1) Yes. First stage approval doesn't guarantee the application will be approved.
2) Anywhere from a few weeks to over a year. Eight months or less for the majority of applications. Unfortunately it's impossible to be any more specific than that.
3) If you submitted the medical with your original application then you may not have to do it again. If you did not sumbmit a medical with your original application then you will certainly have to complete one in order to be approved. Wait for instructions from CIC.
4) See above. I would wait for instructions from CIC.
5) Don't leave Canada until your application has been fully approved. Even if you have a visitor visa there is never a guarantee you will be allowed back into Canada. If you are refused entry this effectively cancels your PR application.
1/13/2015
Topic:
Is there a winter clothes allowance for newcomers?

MelM
MelM
No - no such allowance exists.
1/14/2015
Topic:
I've a Conviction Record - Can I Sponsor my Wife?

MelM
MelM
Yes - you can still sponsor her with a DUI.
2/5/2015
Topic:
Pregnancy - Questions about OHIP

MelM
MelM
Since you have been outside of Canada for well over a year, you are no longer covered by OHIP. Once you return to Canada, you will have to live in Canada for three months before you will have OHIP coverage. You will be responsible for paying for any medical expenses, including doctor appointments and the birth of your child, that take place during this three month waiting period. If your child is due during the three month waiting period and you want to reduce the costs of delivery, I would recommend that you look into having a home birth with the assistance of a mid-wife (rather than having the baby in a hospital).
2/5/2015
Topic:
Renewal of PR in July 2015

MelM
MelM
You must wait until you have 730 days of residency in Canada in the last five years before you apply to renew your PR card. If you apply with only 600 days, your PR renewal will be refused.

If you end up losing your PR status because you don't meet the residency requirement, your wife could sponosor you for PR through family class.