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Klaus

all messages by user

8/17/2014
Topic:
Leave Canada - No PR card Yet

Klaus
Klaus
Hi,

there's an excellent article about this topic: I need to leave Canada but do not have my PR card yet. What should I do?

I hope it helps.
Klaus
8/18/2014
Topic:
Change BC Driver's Licence to an Ontario One

Klaus
Klaus
Hi,

in a nutshell, you'll get credit for the time you've already had a Canadian licence when you apply for an ON licence. From what you wrote, you should get a full G licence when you return to Ontario.

You can find some more details in these articles:
I have a driver's licence from another province in Canada. How do I get an Ontario driver's licence?
Exchange an out-of-province driver's licence

Klaus
8/18/2014
Topic:
Change BC Driver's Licence to an Ontario One

Klaus
Klaus
Hi,

if you already have a full G licence I don't see any reason why they would suddenly consider you a new driver when you return from BC. They have your history and know that you had a G licence before. Just make sure you bring your BC licence when you re-apply for the G licence in Ontario. That should be proof enough that you've had more than two years of experience.

If you're still unsure, it's probably best if you contact Service Ontario directly:
1-800-387-3445

Klaus
8/27/2014
Topic:
Date of Expiry of PR

Klaus
Klaus
Hi,

My understanding of law is i have to proof physical presence in Canada for 2 years in 5 years from the date of re entrance.


Similar. If it's been less than five years from landing, you need to be able to demonstrate that can accumulate 730 days in Canada in the first five years after landing. After that, every time you enter Canada, you need to have spent at east 730 days in Canada in the last five years. This is a rolling time period and has nothing to do with the validity of your PR card.

I hope this helps
Klaus
8/28/2014
Topic:
Does a Business Trip count as Residency?

Klaus
Klaus
Hi all,

looks like today I'm the one asking a question... I read that I can accumulate residency days if I am Employed on a full-time basis by a Canadian business.
Now, I'm a freelancer, so I'm not exactly employed, but does that count anyways? I run my business in Canada, I have a GST number and I pay my taxes in Canada, so I would think that absences count as residency as long as they are business related, but following the wording that I need to be employed by a Canadian business, I would not qualify (unless you call it self-employed, then I do qualify).

Can someone clarify this?

Thanks,
Klaus
8/29/2014
Topic:
Does a Business Trip count as Residency?

Klaus
Klaus
Thanks for this info, MeIm. I wasn't aware that this regulation doesn't apply to short-term absences.

Klaus
9/7/2014
Topic:
Period outside Canada

Klaus
Klaus
Hi,

I left Canada on June 15, 2014 after getting my PR card and planning to return on April 25, 2014. I just want to know that there is no problem it.


Obviously there is a problem, but not if you actually meant April 25, 2015. You need to be in Canada for two years in every 5-year period. Theoretically you can become a PR and leave Canada right away for up to three years without problems.

From the CIC website:
Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card.

If you have been a permanent resident for five (5) years or more
•you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

If you have been a permanent resident for less than five (5) years
•you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.


Klaus
9/8/2014
Topic:
Period outside Canada

Klaus
Klaus
Hi,

that's confusing :/. The PR card should be valid for five years. Now, you wrote that it is dated "April 25th 2014 so it's valid till April 2015".
When did you become a PR (see back side of the PR card) and when does your PR card expire? There should be more than five years between these dates (five years validity plus the time it took to issue the card).
Either way, there is no rule that you can't stay abroad for more than six months. As long as you comply with the minimum residency obligation I quoted in my first response, you should be fine.

Klaus
9/18/2014
Topic:
Entry without PR card

Klaus
Klaus
Hi,

in addition to what Anna wrote, you may also want to keep expired passports in case they have any relevant stamps in them.
When I once forgot to bring my PR card when I re-entered Canada, the border officer was also satisfied when I showed him my Ontario health card, my Canadian debit card and the driver's licence. This is of course just an indication, but no proof that I reside in Canada. Therefore, there is no guarantee that the officer will accept those documents.
In my experience, most officers are happy if you bring whatever you have to support your case. This can also include some kind of proof that (and when) you applied for a new PR card.
As you wrote, in your case it is probably best to enter Canada in a private vehicle as the airline may deny you boarding if you tell them that you are a PR but you currently don't have a PR card. Chances are they don't want to get into trouble.

Klaus
9/28/2014
Topic:
Landing in Ontario - Questions About PR

Klaus
Klaus
Hi,

no problem, many people land first, go back to settle their stuff and then come back for good.

Two things to consider:

1. If you are immigrating to Canada, you do not need to apply for a permanent resident card (PR card). CIC will mail your card to you after you get to Canada. (see here)
2. there is no point in applying for OHIP if you plan to go back until May 2015. See the eligibility criteria for OHIP here.
Some of the requirements are:

•you make your primary place of residence in Ontario; and generally,
•you are in Ontario for at least 153 days of the first 183 days immediately following the date you establish residence in Ontario (you cannot be absent for more than 30 days during the first 6 months of residence); and
•you are in Ontario for at least 153 days in any 12-month period.


You may also want to take a look at
Where can I buy private health insurance for newcomers and visitors to Canada?,
Who is eligible for OHIP? and
What is the 3-month waiting period for OHIP?.

Klaus
10/4/2014
Topic:
PR Card Renewal Questions

Klaus
Klaus
I agree with you MeIM, but the main problem seems to be that he needs a valid passport in order to renew his PR card and at the same time he needs a valid PR card in order to renew his passport. Both documents have expired, so there is a chicken and egg problem now. I'm not sure how/if this can be resolved.
10/5/2014
Topic:
Maintaining Permanent Residence Requirements

Klaus
Klaus
Hi Jaspinder,

that's no problem. Just make sure you accumulate enough days so that you don't end up being one day short.

Klaus
10/9/2014
Topic:
Need to Leave Canada Urgently - PR Card

Klaus
Klaus
Hi,

1: yes,
2: yes.

Klaus
10/17/2014
Topic:
Employment Insurance and Common Law Application

Klaus
Klaus
Hi Jess,

you don't need to apply for common-law status, you simply declare it. The CIC Help Centre states:
What does the Government of Canada consider to be a common-law relationship?

You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage.

That means living together for one year without any long periods where you did not see each other. Either partner may have left the home for work or business travel, family obligations, and so on. However, that separation must have been temporary and short.

A common-law relationship ends when at least one partner does not intend to continue it.


You may need to provide some kind of proof that you have been living together, such as a rental agreement with both your names on it, a joint bank account, hydro bills with both your names on them or something similar. Anything that suggests that you really have been living together is acceptable. Personally I didn't have any bills with both our names on them or written agreements, but we were able to proof that we've been living at the same address for a couple of years and it worked.
So I wouldn't expect too much trouble here.

However, since your BF (or let's call him your "common-law partner" since it sounds so much more romantic ;) ) is not allowed to work anymore, I don't think he's eligible to receive EI benefits. The Service Canada website states:
Am I eligible for EI regular benefits?

You may be entitled to receive EI regular benefits if you:
•are employed in insurable employment;
•lost your employment through no fault of your own;
•have been without work and without pay for at least seven consecutive days in the last 52 weeks;
•have worked for the required number of insurable hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;
•are ready, willing, and capable of working each day; and
•are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).

You may not be entitled to receive EI regular benefits if you:
•voluntarily left your employment without just cause;
•were dismissed for misconduct; or
•are unemployed because you are directly participating in a labour dispute (strike, lockout, or other type of dispute).


Here's another excerpt from Digest of Benefit Entitlement Principles - Chapter 10
10.2.4 Expiry of work permit

All foreign workers authorized to enter Canada, do so as temporary residents, visitors, students or workers. When they enter Canada they are given temporary resident status for a limited period of time.

In the majority of cases, if they wish to work in Canada, they are required to obtain a work permit issued by Citizenship and Immigration Canada (CIC) before they begin working, or continue working in Canada. This work permit is also referred to as an Employment Authorization.

Generally, foreign workers can only demonstrate availability to accept work if they possess a work permit which allows them to work in Canada. Temporary foreign workers who are not eligible to extend their stay in Canada, beyond the expiry of their work permit, cannot demonstrate availability for work.

However, a claimant who does not currently possess a work permit is not necessarily unavailable for work. The claimant may be able to obtain a work permit as soon as employment is secured, because of the type of work they perform, or because of the individual’s skills. Consequently, the lack of a work permit is not the only factor to be considered when determining availability. The Commission must take into account all factors normally considered when determining a claimant’s availability.

So, from the looks I don't think that he's eligible to receive EI benefits, but I'm not a lawyer, so if Service Canada recommends to give it a try, I would certainly do it.

Regarding your PR application there is nothing to fear. I don't know under which program you applied, but if you are considered common-law partners, it should be very easy for you to get him his PR status.
Speaking of lawyers: if he advised to "apply for common-law status" and missed a deadline, it may be the time to look for another lawyer or take matters into your own hands. I find it unacceptable to be let down and even pay him for not properly doing his job.

Klaus
10/31/2014
Topic:
Travel to U.S. count as travel Outside Canada?

Klaus
Klaus
Yes.