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5/29/2017
Topic:
Not Received PR card

Moderator
Moderator
Hello,

Thank you for sharing your question with us.

We can appreciate that you would be concerned about the whereabouts of your PR card.

You may want to try and contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to see if they have any information regarding the processing times.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
5/29/2017
Topic:
Parent with PR and child on visit visa - schooling

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some information related to study permits and who requires one on the CIC Website in the Find out if your child needs a study permit section.

Here is an excerpt,

Minor children at the pre-school and kindergarten levels are not required to hold a valid study permit.


The Education Act also prescribes when a non-resident student must be charged tuition fees.

The Toronto District School Board (TDSB) has information on when children must pay tuition fees.

We suggest that you review this Toronto District School Board (TDSB) Admission Eligibility Requirement document. In this document you will find a very helpful chart that outlines who is eligible to attend without paying fees.

It states that in order to enroll students of Permanent Residents they must present the parent’s permanent resident papers, the student’s foreign birth certificate or passport. Additionally, they may ask for proof that the parent has sponsored the student. The document does not indicate that a student in this situation would pay fees

You may also want to contact the School Board directly in the area where you will be moving to to find out what the requirements are and what to expect in your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
5/30/2017
Topic:
Options for Low Income Senior

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Your mother may want to go and speak to a Settlement Worker in the nearest settlement agency to find out if there are any other options available to her.

Your User ID indicates that you are in Hamilton.

You can find the nearest settlement agency by using our Services Near Me tool.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
5/30/2017
Topic:
Extension of OWP

Moderator
Moderator
Hello John,

You can find some detailed information on the Open Work Permit under the Spouse or Common-Law Partner in-Canada class on the Immigration, Refugees and Citizenship Canada (IRCC) website in the I am sponsoring my spouse or partner who is in Canada. Can they work while their application is being processed? section.


According to some Immigration, Refugees and Citizenship Canada (IRCC) Call Centre representatives, your wife will have to complete the paper copy and submit it to the address indicated.

This is the information they have provided:

Working in Canada while your spouse or common-law partner is sponsoring youIf you are being sponsored from inside Canada and would like to take this opportunity to work during the processing of your permanent residence application, you will require a work permit.
In order to obtain a work permit and work for the employer of your choice, you can simply:
If you did not include the work permit application with your sponsorship application, two options are available to you:
or
  • You may choose to apply online if you received a letter, (e.g., first stage approval or approval in principle (AIP) of your permanent resident application) from Immigration, Refugees and Citizenship Canada (IRCC) confirming that you are now eligible to apply for a work permit.
    What will happen next?
    • Your open work permit will be processed within 4 months.
    A few things to keep in mind while your sponsorship application is being processed:
    • Keep a valid status in Canada during the entire process of your sponsorship application; and
    • Wait for your work permit to be approved before starting to work.



    We suggest that it is best that you also want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre for some additional information specific to your situation and to confirm this information.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    5/30/2017
    Topic:
    Residency Obligation

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    We can appreciate that you would be concerned about this situation.

    We suggest that it is best that you contact a reputable lawyer who is familiar with Canadian immigration issues and application processes.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    5/30/2017
    Topic:
    Looking for Subsidized Housing to Rent

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    Your User ID indicates that you are in Mississauga.

    We suggest that you contact the nearest Housing Help Centre for some assistance.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    5/30/2017
    Topic:
    Financial aid for sponsored parents

    Moderator
    Moderator
    Hello,

    Thank you for sharing your question with us.

    You can find some information on the Government of Canada website in the International Benefits - Application Forms for Canadian Benefits section.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    5/30/2017
    Topic:
    Are They Eligible for OHIP Coverage?

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    We suggest that you contact ServiceOntario directly.

    ServiceOntario
    Toll free : 1-866-532-3161
    In Toronto, (416) 314-5518
    TTY : 1-800-387-5559


    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    5/30/2017
    Topic:
    Entry into Canada valid PR Card - Questions

    Moderator
    Moderator
    Hello,

    Unfortunately, we cannot provide you with a definitive response as to whether or not the process of loss of permanent residency will be started. It will all depend on the officer at the port of entry.

    Regarding your second question,


    Q.2 IF sum private Canadian Business Person give me job for india [Hire] then that period of employment will be count ?


    You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,
    Residency Requirement

    To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

    An officer can confirm if your time in Canada counts when you:
    • re-enter Canada, or
    • apply for a permanent resident card.

    Time spent outside Canada may also count towards the two years if you are:

    • travelling with your spouse or partner who is a Canadian citizen,
    • a child travelling with his or her father or mother who is a Canadian citizen,
    • an employee of (or under contract to) a Canadian business.



    Additionally, it is important to note that, according to the information in the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 Loss of permanent resident status enforcement manual,

    6.2 Canadian business

    The definition applies to both large and small businesses, and includes:

    • federally or provincially incorporated businesses which have an ongoing operation in Canada;
    • other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses;
    • enterprises which have been created by the laws of Canada or a province.

    Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).


    Regarding your third question,

    Q.3 Can i sponsor my parent even i have expired PR Card ?



    IRCC has changed how sponsors can apply. You can find the information on the IRCC website in the Changes for 2017 Parent and Grandparent Program section.



    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.


    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    6/1/2017
    Topic:
    Outside Canada - Renew my PR card

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    We can appreciate that you would be interested in knowing what your options are in this situation.

    You can find some information regarding the process and how you can get updates related to the status of your PR card renewal application on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Apply for, renew or replace a permanent resident card - 4.After you apply section.

    Here is an excerpt,

    Application processing times start from when we get a complete application with supporting documents and photos in the right format. You can see the average processing times for PR card applications or check the status of your application.


    If we approve your application, we will mail you a PR card. In some cases, we may ask you to pick it up at one of our offices. If we do, bring your passport, or other travel document, and the original documents you sent when you applied. If you don’t pick your card up within 180 days, we will destroy it and you will have to apply for a new one.




    In terms of returning to Canada, you can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

    Here is an excerpt,

    I am outside of Canada and do not have a PR card. How can I return to Canada?

    Canada’s entry requirements are changing

    Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

    It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

    Returning by private vehicle

    There are other documents you can use to enter the country.

    When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

    Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

    Returning by commercial vehicle: airplane, bus, train, or boat

    You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

    You can apply to replace your PR card when you return to Canada.


    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    6/1/2017
    Topic:
    Thinking of Applying for ODSP

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    We can appreciate that you would be interested in this type of information.

    You may want to contact the nearest ODSP office for some information specific to your situation.

    Your User ID indicates that you are in Ottawa.

    You can find the nearest one here.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    6/1/2017
    Topic:
    Rules Regarding Sponsoring a Minor

    Moderator
    Moderator
    Hello,

    Thank you for sharing this situation with us.

    It is unclear if your boyfriend's child is being sponsored to become a Canadian permanent resident or if they are trying to get Proof of Canadian Citizenship or Canadian Citizenship.

    If your boyfriend's child is being sponsored to become a Canadian permanent resident, you can find some information regarding whether or not someone can leave while an application such as this one is in process on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I leave Canada while IRCC processes my application for permanent residence? section.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    6/5/2017
    Topic:
    PR card expires within 12 months - not met req.

    Moderator
    Moderator
    Hello Ben,

    Thank you for sharing your situation and question with us.

    We can appreciate that you would be concerned about this.

    You mentioned that you have not been able to meet your PR residency requirements.

    Regarding loss of permanent residency status, you are right, a person does not lose it until a final determination has been made.

    This means that your PR status needs to be formally removed.

    You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,


    Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
    You may lose your permanent resident status if:
    You may lose your permanent resident status in one of the ways described above if:
    • you do not live in Canada for two out of five years;
    • you are convicted of a serious crime and told to leave Canada; or
    • you become a Canadian citizen.
    You do not lose your permanent resident status if your PR card expires.

    According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,


    It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

    Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


    It also states in relation to the process of loss of permanent residency,


    5. Departmental Policy

    When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

    The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

    Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


    Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

    According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation.


    Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

    The IRCC’s Permanent Residency Status Determination Manual states:

    For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.


    Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.

    As you may already know, a PR card is required to re-enter Canada.

    In terms of re-entering Canada, you may want to look at what your options are on the Immigration, Refugees and Citizenship Canada (IRCC) website in the What happens if my permanent resident card expires while I am outside Canada? section.

    This section discusses options and "other documents you can use to re-enter the country" if your card expires while outside Canada and you plan to return to Canada by private vehicle.

    We suggest that you may want to speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    6/5/2017
    Topic:
    Who is Responsible for Painting my Rental Unit?

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    Your User ID indicates that you are in Waterloo.

    We suggest that you contact the nearest Community Legal Clinic for some advice.

    I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org
    6/7/2017
    Topic:
    Cancellation of PR

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    We can appreciate that you would be concerned about this situation.

    As you may know, in order to maintain your permanent residency, you must meet certain residency obligations to maintain your status as a permanent resident.

    To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. This means that you can spend a total of up to 3 years outside of Canada during a 5-year period.

    It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made. This means that someone else cannot simply cancel your PR.

    According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,


    It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

    Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


    The onus is on each individual permanent resident to make sure they are meeting their Permanent Resident requirements.

    You can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

    Here is an excerpt,

    I am outside of Canada and do not have a PR card. How can I return to Canada?

    Canada’s entry requirements are changing

    Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

    It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

    Returning by private vehicle

    There are other documents you can use to enter the country.

    When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

    Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

    Returning by commercial vehicle: airplane, bus, train, or boat

    You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

    You can apply to replace your PR card when you return to Canada.


    If you have any one else in Canada, you may want to have them call the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some information on what your options are and what the process will possibly be when you are returning to Canada.

    We have had some of our users previously state that they have been able to contact IRCC from abroad by dialing 1 613 944 4000. Listen to the options to get to IRCC. Then you should be transferred to the IRCC Call Centre.

    Please note though that some have previously reported that it did not work for them or that it is no longer working.

    However, we suggest that you may want to give it a try.

    Long distance charges will apply.


    We suggest that you may also want to consult a lawyer who is familiar with Canadian immigration issues regarding this situation.

    I hope this information is helpful.
    =====
    Anna
    Settlement.Org Content and Information/Referral Specialist, CIRS
    Settlement.Org