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9/28/2017
Topic:
Landlord pushing incorrect/illegal? rent increase

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 great that you are looking into what your rights are.

You can find some detailed information in our Settlement.Org How often can a landlord increase the rent? article.

Here is an excerpt,

How much can my landlord increase the rent?


Once you have moved into a unit, the landlord must follow a rent control guideline. The Ontario Ministry of Municipal Affairs and Housing sets this guideline every year. The guideline limits how much your landlord can increase your rent that year.

In 2017, the limit is 1.5%.
In 2018, the limit will be 1.8%.

The Landlord and Tenant Board (LTB) must approve any increases above this percentage. For example, the LTB might approve a higher increase if your landlord has made large repairs or installed a security system.



and

Is my building rent controlled?


Important Note: Under the new Rental Fairness Act, any rent increases given to tenants since April 20, 2017 must meet the annual rent increase guideline.

Buildings constructed after November 1, 1991 are no longer excluded from this rule. Read more about the recent changes to rental guidelines by the Ontario Ministry of Housing.


It is best that you contact the nearest Community Legal Clinic for some information and advice regarding your options and how to proceed.

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
9/29/2017
Topic:
Unusual Situation - Not Met Residency Requirements

Moderator
Moderator
Hello,

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

We can appreciate that you have been through a lot and that you would be concerned about this.

As you may already know, a person does not lose their permanent resident status 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.


Additionally, 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.


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.

It is most likely the case that your family does not have valid PR cards at this time. In this case, you can find some information you can find some detailed 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.


We suggest that you speak to a Lawyer who is familiar with Canadian immigration issues for 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
9/30/2017
Topic:
Ex-pat Canadian living in Australia - inactive SIN

Moderator
Moderator
Hello,

Thanks for sharing your situation with us.

We have previously contacted the Service Canada - (Social Insurance Number line) directly for some information on this type of situation.

According to a Service Canada Representative, it may be that case that your SIN is "dormant". In these cases, you can still use your SIN number however, you cannot use it for the online services.

They stated that SIN numbers may be flagged as dormant when there is no activity recorded with the number for more than 5 years.

In order to re-activate it, they suggested that you need go into the nearest Service Canada office and complete a questionnaire from the SIN Registry that they will provide.

You will be asked to present some identification such as a Canadian Birth Certificate, Canadian Citizenship Card/Certificate, PR Card etc.

You may want to also contact Service Canada - (Social Insurance Number line) directly to verify this information and for some information on this your situation.

Here is some information in order to contact them from outside Canada:

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

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
10/1/2017
Topic:
International Job experience

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We are sorry, unfortunately, we are unable to provide in-depth or specific information related to this type of immigration application process.

However, you can find some general information in our Settlement.Org How can I apply to immigrate to Ontario? 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
10/2/2017
Topic:
How to request CBSA travel history record Online

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.

We hope that other users of this forum who have already gone through this process can share some information and suggestions with you.

Regarding your questions, first of all, if you have checked the "When not to request your Travel History Report" section and still need to request a copy, it states that you can apply online by following the instructions on the Access to Information and Privacy online request page.

It states that it may take up to 30 days to process your request.

Additionally it states that requests for personal information pertaining to the requester and held by the Canada Border Services Agency (CBSA) should be made to the CBSA under the Privacy Act. The requester must either: be in Canada, be a Canadian Citizen, or be a Permanent Resident.

If you are applying for yourself, you can do so under the Privacy Act, which is a free service provided by the Government of Canada.

There is some additional instruction regarding answering questions that states that if you are unsure of how to answer a question, use the "Help" feature by clicking on the icon in the top-right corner of the question box. This feature provides information to assist you when answering questions.

Regarding documents it states,

After you have answered all of the questions, you will be presented with a document checklist, which will list the documents you need to provide. You must scan and attach your documents with your request.

After you have completed your online request and paid your fee (if applicable), you will receive an e-mail confirming that we have received your request. If it was made under the Access to Information Act, you will also receive a payment receipt in this e-mail.



Regarding case files it states that case files include personal information about individuals immigration and customs records in the custody of CBSA. (i.e. Immigration file, Traveller History, Customs Declaration Card, etc)

Personal corporate records include personal information about an individual who is or was an officer or employee of CBSA or an individual who is or was performing services under contract for CBSA (i.e. information about a competition, performance evaluations, etc).

You may want to send any additional question and concerns regarding the request process for Access to Information at the CBSA to this e-mail they provide:

[email protected].

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
10/2/2017
Topic:
Renew PR Card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information, including what are considered acceptable documents, on the Immigration, Refugees and Citizenship Canada (IRCC) website in the How do I renew my permanent resident card? section.

In terms of documents, you can find some detailed information in the Instruction Guide [IMM 5445] in the Step 1: Gather Documents 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
10/3/2017
Topic:
Evaluate my Credentials - How?

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 can find some detailed information in our Settlement.Org Credential Evaluation 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
10/3/2017
Topic:
OHIP - out of Ontario for over 212 days

Moderator
Moderator
Hello there,

Thanks for sharing your additional question with us.

Unfortunately, we do not know of any other way to contact them .

You may want to try and contact the ServiceOntario INFOline to see if they have any additional information or suggestions.

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
10/3/2017
Topic:
COPR issued to parents - Child born after COPR

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.

We have contacted the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some information regarding this type of situation and the response you received from the visa office.

They suggested that you once again, contact the visa office as soon as possible. They stated that it is important to state that you have already been provided your Confirmation of Permanent Residence (COPR). They stated that you must state your current circumstances and request that you be provided instructions on how to proceed.

You may also want to contact a lawyer or a reputable immigration consultant who is familiar with Canadian immigration application processes for some information related to these type of situations.

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
10/3/2017
Topic:
Can I Sponsor My Child?

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 already know, in terms of a specific income requirement in order to sponsor a spouse to Canada, there is no income requirement at all for spousal sponsorship applications.

However, although there is no income requirement, you must not be receiving social assistance other than for reasons of disability from any province and you must not be in bankruptcy proceedings or an undischarged bankrupt. As you already know, this includes Ontario Works.

That being said, if you are currently not receiving Ontario Works, you can apply to sponsor your child.

You can find some information specific to sponsorship in our Settlement.Org How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of 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
10/3/2017
Topic:
Out of Province - OSAP

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.

According to the Ministry of Advanced Education and Skills Development website, students studying outside Ontario should contact the Student Financial Assistance Branch at the ministry for any questions about OSAP.

You can find some contact information here:
Student Financial Assistance Branch
Ministry of Advanced Education and Skills Development
PO Box 4500
189 Red River Road, 4th Floor
Thunder Bay, Ontario
P7B 6G9

Questions on the New OSAP
Toll-free: 1-888-449-4478
TTY toll-free: 1-800-465-3958
Hours: Monday to Friday, 8:30 am to 8 pm, excluding holidays

Other OSAP inquiries
Monday to Friday, 8:30 am to 4:30 pm, excluding holidays
Saturday and Sunday
Closed

Tel: 807-343-7260
Toll-free in North America: 1-877-OSAP-411 (1-877-672-7411)
TTY toll-free: 1-800-465-3958
Fax: 807-343-7278

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






10/3/2017
Topic:
ROE from Employer

Moderator
Moderator
Hello Rocky,

Thank you for sharing your situation and concerns with us.

We can appreciate that this would be a very frustrating situation.

Service Canada has an Office for Client Satisfaction.

According to the Service Canada website in the Office for Client Satisfaction section,

The Office for Client Satisfaction (OCS) is a neutral organization that receives, reviews and responds to suggestions, compliments and complaints about Service Canada’s delivery of services. The OCS is an essential part of Service Canada’s commitment to providing fair, open and transparent client service.


You can find some contact information on the Service Canada website in the Office for Client Satisfaction section and here:


Telephone: 1-866-506-6806 (toll-free)

TTY: 1-866-506-6803 (toll-free)

Fax: 1-866-506-6802 (toll-free)

Mail: Office for Client Satisfaction

140 Promenade du Portage

Floor 3, Mail Drop 318

Gatineau, QC K1A 0J9

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
10/4/2017
Topic:
OHIP - out of Ontario for over 212 days

Moderator
Moderator
Hello Miranda,

You are very welcome.

We hope this issue gets resolved.

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
10/5/2017
Topic:
Incorrect Marital Status (Married) on COPR

Moderator
Moderator
Hello C A Patel,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this error on your Confirmation of Permanent Residence (COPR).

We have contacted the Immigrant, Refugees and Citizenship Canada (IRCC) Call Centre for some information regarding how you should proceed.

They stated that it is best that you contact the nearest Canadian Visa Office in order to have them verify your file to see what this status/error was based on and what your options are in this 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
10/7/2017
Topic:
OHIP: 3 Month Waiting

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find the details regarding eligibility in our Settlement.Org Who is eligible for OHIP? 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