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8/1/2017
Topic:
OSAP Questions - PR

Moderator
Moderator
Hello,



Thank you for sharing your question with us.


You may be able to find some helpful information in our Settlement.Org articles here:


Who is eligible for the Ontario Student Assistance Program (OSAP)?

How do I apply for the Ontario Student Assistance Program (OSAP)?


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.


=====
Settlement.Org Team
Settlement.Org

---------------------------------------------------------------------------------
8/1/2017
Topic:
Residency Obligation for a Child with PR Status

Moderator
Moderator
Hello,


Thank you for sharing your question with us. You may be able to find some helpful information in our Settlement.Org article here:

What are the residency requirements for permanent residents (PRs)?

It is best to consider contacting a lawyer who is familiar with Canadian immigration application processes.

You may want to contact the IRCC call centre at 1-888-242-2100.

You can get help from a settlement agency in your area. Look for an agency in the Services Near Me map.

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.
=====
Settlement.Org Team
8/1/2017
Topic:
Open Work Permit

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Unfortunately, we are unable to answer this type of immigration application process question.

It is best that you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to confirm this information and to see if they can provide any additional information specific to this type of 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
8/1/2017
Topic:
Query About Receiving Goods In Toronto

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is great that you are looking into this information beforehand.

We can appreciate that you would be interested in finding some information related to this issue.

You can find some helpful information on the Canada Border Services Agency (CBSA) in the Moving or returning to Canada section.

It states,


Declaring your goods upon arrival in Canada

Even if you have no goods with you on arrival, you must give your list of goods to the border services officer at your first point of entry in Canada. Based on the list of goods you submit, the officer will complete Form BSF186, Personal Effects Accounting Document, assign a file number to it, and give you a copy of the completed form as a receipt. You will need to present your copy of this form to claim free importation of your unaccompanied goods when they arrive. Goods to follow may be subject to import restrictions before you can import them.

To facilitate the clearance process, you can complete Form BSF186 before your arrival in Canada.




You may also want to contact the Border Information Services directly for specific information and a definitive response. You can contact them here:

Border Information Services (BIS) from outside of Canada (long-distance charges apply):

(204) 983-3500 or (506) 636-5064.



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
8/2/2017
Topic:
Family's PR Expiring - Not Met RO

Moderator
Moderator
Hello Ahmed,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and would be interested in finding out what your options are.

Regarding what you have stated about the "breach" of permanent residency obligation, 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 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.

If you have a PR card, it is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.

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 it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding you and your family's 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
8/3/2017
Topic:
Breaking a Lease Early - Landlord Not Agreeing

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

You may be able to find some helpful information in our Settlement.Org How can I end my tenancy early? article.

We also suggest that you contact the nearest Community Legal Clinic for some advice 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
8/4/2017
Topic:
Break a Rental Agreement

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

You may be able to find some helpful information in our Settlement.Org How can I end my tenancy early? article.

Here is an excerpt,

There is a problem with the rental property


If your landlord does not follow their responsibilities properly, you can apply to the Landlord and Tenant Board to end your tenancy early.

You have to prove that your landlord violated the Residential Tenancies Act (RTA). You must also prove that the best way to solve the problem is to move out.


We also suggest that you contact the nearest Community Legal Clinic for some advice 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
8/4/2017
Topic:
Former lost Canadian on American SSDI

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

As you are now a Canadian Citizen, it is not likely you can use the SIN that was assigned to you as a student on a student visa. These are generally temporary SINs.

However, if you were eligible to work or worked while in Canada, and used that previous SIN, it may be helpful to find out if there are any entitlements or responsibilities related to that previous SIN.

You can contact Service Canada for some information related to your previous and current situation, including how to get a new SIN, now that you are a Canadian Citizen.

You can contact them here:

Outside Canada: 1-506-548-7961 (long-distance charges apply)
TTY: 1-800-926-9105
Hours of operation: Monday 8:30 a.m. to 8:30 p.m. Atlantic time
Closed statutory holidays.

In terms of Pension and Benefits, you can find some helpful and detailed information on the Government of Canada website in the United States - Pensions and Benefits section.

For more information on Canada's international social security agreements, or want to find out if you are eligible to send in an application form contact the International Operations Unit directly.

You can contact them by phone here:

By phone:
1-800-454-8731 (TTY: 1-800-255-4786)
(from Canada and the United States)

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
8/4/2017
Topic:
What Do I Need To Apply For When Moving To ON?

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.

There are some things that are specific to the province of Ontario that you will need to look into.

One of them is related to health insurance.

You can find some detailed information related to applying for the Ontario Health Insurance Plan (OHIP) in our Settlement.Org How do I apply for a Health Card (OHIP)? article.

According to the Ministry of Health and Long-Term Care website,

If you move to Ontario from another province or territory where you had provincial/territorial health insurance coverage:

If you move to Ontario directly from another province and apply for coverage, your OHIP coverage will begin on the first day of the third month after establishing residence in Ontario, provided you were insured in your previous province or territory.

Your valid health card from your former province will continue to provide you with health insurance coverage in accordance with that province/territory's plan during the waiting period.


Another thing that is specific to the province of Ontario that you will need to look into is regarding your Ontario Driver's Licence.

You can find some detailed information in our Settlement.Org I have a driver's licence from another province in Canada. How do I get an Ontario driver's licence? article.

In terms of finding work when you arrive in Ontario, it may be helpful to contact the nearest Employment Service for some assistance.

You can find some detailed information in our Settlement.Org Why should I get help to find work? 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
8/4/2017
Topic:
How to find a freelance translation job?

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 may be helpful to contact the nearest
Employment Service for some assistance.

You can find some detailed information in our Settlement.Org Why should I get help to find work? 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
8/6/2017
Topic:
Sponsored Parents Applying for OAS

Moderator
Moderator
Agbeka wrote:
i forgot to include one of my brothers in my mother's visitor application and i have submitted


Hello,

Thank you for sharing your situation and question with us.

It is best that you contact the Immigration, Refugees and Citizenship Call Centre direclty at 1-888-242-2100 (In Canada Only).

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
8/6/2017
Topic:
Sponsored Parents Applying for OAS

Moderator
Moderator
mike7393332 wrote:
hello i recently just did a joint divorce with me spouse and i know the conditional pr is banished... but in the divorce paper we put 1 year of seperation, does that effect my status when the divorce is finalized ?




Hello,

Thank you for sharing your situation and question with us.

You can find some helpful information in this previous Settlement.Org Consequences of Getting a Divorce Discussion Thread.

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
8/6/2017
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
8/6/2017
Topic:
Apply for Citizenship

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.

You may want to try and contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to see if they have any information they can provide 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
8/6/2017
Topic:
Query Regarding Conditional PR Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about the situations you have experienced and would be wondering what your options are.

You mentioned that you have not been able to meet your PR residency requirements and it sounds like you believe that you may have lost your permanent residency.

Regarding loss of permanent residency status, 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 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.

If you have a PR card, it is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.

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 it is important and probably best that you 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