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all messages by user

6/22/2017
Topic:
Getting a Divorce Outside Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information in our Settlement.Org Will my foreign divorce be recognized in Canada? article.

Here is an excerpt,

If you were divorced outside Canada, you need to prove that your divorce was legal in that country before you can get re-married in 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
6/22/2017
Topic:
PR Status Questionnaire Received - How Long?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We are sorry to hear you have experienced this situation.

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

You may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre to see what the next steps may be.

It may also be best to contact an lawyer who is familiar with Canadian immigration issues for some information and advice specific to your situation.

We hope that others who have been through a similar situation can share their situation and suggestions with you.

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
6/22/2017
Topic:
Sponsoring Spouse while living/work outside Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,


7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


So from the situation you have described, each day of your husband accompanying you, a Canadian citizen, outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


Regarding your question about submitting supporting documents, you can find a list of what can be submitted in the Applying for a travel document (permanent resident abroad) (IMM 5529) instruction guide.

Here is an excerpt,

OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that


  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age);
  • if you are accompanying a permanent resident, they were employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.

Evidence required
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
  • You are the spouse, common-law partner or child of that person.
Supporting documents may include:
  • marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
  • child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
  • all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
  • school or employment records
  • association or club memberships
  • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
  • any other documents that you want to have considered

As you have already mentioned, in the type of sponsorship that you are doing, it is necessary to prove that you plan to move back to Canada.
Therefore, unfortunately, It is not possible for us to tell you at what point you should present this type of information.

You may want to speak to a lawyer or a reputable immigration consultant for some 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
6/22/2017
Topic:
Open Work Permit for Spousal Sponsorship (In Land)

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 Immigration, Refugees and Citizenship Canada (IRCC) Call Centre to see what the next steps may be.

We hope that others who have been through a similar situation can share their situation and suggestions with you.

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
6/22/2017
Topic:
Rights as co-tenant with unsafe living conditions?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

Your User ID indicates that you are in Hamilton.

We suggest that you contact the nearest Community Legal Clinic for some advice and information regarding what your rights are.

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
6/23/2017
Topic:
Open Work Permit for Spousal Sponsorship (In Land)

Moderator
Moderator
saeedhs wrote:
Hi there,
I had completed 5 years of Canada stay but could not complete compulsory 730 days of residency to renew the card.I heard that if I deposit 100000 CAD $ in a Canadian bank and keep it there for 5 years then I can get my PR card renewed. Is it true? Kindly any advice on that. Thanks



As PMM stated, this is NOT true at all.

It is very important to find out information regarding issues as serious as maintaining permanent residency from reliable sources such as the Immigration, Refugees and Citizenship Canada (IRCC) website.

You can find information on how to maintain your residency requirements on the Immigration, Refugees and Citizenship Canada (IRCC) website in the How long must I stay in Canada to keep my permanent resident status? 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
6/26/2017
Topic:
Sponsored Parent

Moderator
Moderator
Hello,

Thank you for sharing your mother's situation and question with us.

We can appreciate that you would be interested in some information specific to this situation.

Regarding your first question,

My questions: 1. Can she return to Canada since she left on Nov. 2013 and her PR card will expire on Aug.2017?


Regarding the process, as you may have already read, basically what happens is that, each time a permanent resident enters Canada, Immigration, Refugees and Citizenship Canada (IRCC) may calculate 5 years back from the date a permanent resident has entered or re-entered Canada to see if they have fulfilled their residency obligation.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.)."

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.

According to the Citizenship and Immigration Canada (CIC) 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."

You can also find that type of information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ.


You may also want to contact the Immigration, Refugees and Citizenship (IRCC) Call Centre for some additional information regarding your mother's situation. Please note that it is possible to call the Call Centre to ask a general question. You do not have to provide personally identifying information.


Regarding your second question,


2. Can my brother accompany her and stayed with her while in Canada?



You mentioned that you tried previously to get a Visitor Visa for him.


We are sorry, it is not possible for us to provide a definitive response regarding whether or not your brother will be issued a Visitor Visa. There are no guarantees.

You can find some information in our Settlement.Org Do I need a visitor's visa to visit Canada? article.

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
6/26/2017
Topic:
Status in Canada - Conditional PR?

Moderator
Moderator
Hello,

Thank you for sharing your question with us.

We have posted some information previously in our Query Regarding Conditional PR Canada Discussion Thread.

You can find the information in this Government of Canada Eliminates Conditional Permanent Residence for Spouses and Partners News Release - April 28, 2017.

Here is an excerpt,

April 28, 2017—Ottawa, ON


To uphold its commitment to family reunification and to support gender equality, the Government of Canada has removed the condition that applied to some sponsored spouses or partners of Canadian citizens and permanent residents to live with their sponsor for two years in order to keep their permanent resident status.

This change applies to anyone who was subject to the requirement, as well as to new spouses and partners who are sponsored as permanent residents.


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
6/26/2017
Topic:
Can She Apply for a Visitor Visa In Her Situation?

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.

Unfortunately, we are unable to provide you a definitive response regarding whether or not she will be able to visit Canada.

You can find some additional information regarding the process for applying in our Settlement.Org Do I need a visitor's visa to visit Canada?
article.

We hope that others who may have had a similar situation can share their suggestions and comments with you.


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
6/27/2017
Topic:
Apply Open Work Permit AFTER receive file number

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.

It is best that you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some 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
6/27/2017
Topic:
PR Card Renewal

Moderator
Moderator
Hello there,

Thank you for sharing your situation and question with us.

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

It is best that you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some information.

Please note that you do not have to provide any personally identifying information in order to request some 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
6/27/2017
Topic:
Child Born Abroad to PRs - Enter Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It may be helpful to read these previous Settlement.Org Sponsoring A Minor Within Canada and Apply For TRV And/Or TRP? - For My Child Discussion Threads.

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 we are not sure if this number continues to work this way.

You may want to give it a try.

Please be aware that long distance charges will apply.

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
6/27/2017
Topic:
Questions Landlord can Ask

Moderator
Moderator
Hello,

Thank you for sharing your questions and concerns with us.

We can appreciate that you would be concerned about this.

You can find some information on the Alberta Human Rights Commission website in the What information can landlords require from potential tenants? section.

You can also find some very detailed and helpful information on the Office of the Information and Privacy Commissioner of Alberta website in the Personal Information Protection Act (PIPA) - Privacy & Landlord - Tenant Matters Frequently Asked Questions Document.

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
6/27/2017
Topic:
Apply for Citizenship

Moderator
Moderator
Hello,

You can find some additional information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I leave Canada after I mail my citizenship application? section.

Here is an excerpt,


Can I leave Canada after I mail my citizenship application?

Yes. You can leave Canada while we process your application.
If you need to leave Canada and want to stay eligible for Canadian citizenship, you must:
  • make sure that you live in Canada long enough to keep your Permanent Resident (PR) status
  • be a permanent resident (when you apply)
  • not lose PR status before you take the Oath of Citizenship
  • bring your PR card with you when you leave Canada so you can return easily
Make sure your PR card won’t expire while you are outside Canada. If it expires, it doesn’t mean you have lost PR status.
We usually only mail letters, notices and other documents to addresses in Canada. In some cases, you may receive an email from us. You must reply to these letters within a specified amount of time. If you don’t reply within the time frame and don’t provide an acceptable reason for not being able to keep your appointment with us, we may stop processing your application.
You must attend appointments and other events at our offices, like your:
  • citizenship test (for applicants 18 to 64 years of age and minors 14 to 17 years of age for whom an application has been filed using the subsection 5(2) application form)
  • interview or hearing
  • ceremony

These events only take place in Canada. If you can’t attend the appointment or event, you must write a letter of explanation and send it to the local office that sent you the event notice. You can mail this letter or use the online web form.


In terms of meeting your residency requirements for Permanent Residency, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

This means that, in terms of the process when re-entering Canada and whether or not you are still considered a Canadian Permanent Resident, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

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
6/28/2017
Topic:
Will this plan work? (Sponsoring a partner)

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.

Unfortunately, we are unable to provide a definitive response regarding whether or not she will receive a Visitor Visa.

We hope that others who have gone through a similar experience can share their suggestions and comments with you.

In terms of applying for sponsorship outside Canada or inland, you may want to review the processing times.

You can find the processing times on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Check application processing times 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