Settlement.org logo

Register
Lost password
 

Moderator

all messages by user

3/5/2018
Topic:
What's My PR Status Now?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

Sometimes people may think that if they do not have a PR card, they have not fulfilled their residency requirements.

This is not the case.

Whether or not you have a PR card or the expiry date on a PR Card has no correlation to whether or not you have maintained their residency requirements as a permanent resident.

Since you have not yet received your PR card, in terms of what happens when re-entering Canada, basically, 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.

According to our Settlement.Org What are the residency requirements for permanent residents (PRs)? article,


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. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.

If you are outside Canada for extended periods of time, you can accumulate residency days if you are:

-Travelling with a Canadian spouse or common-law partner, or are a child accompanying a parent, or
-Employed on a full-time basis by a Canadian business or the Public Service of Canada, or
-The spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.

If you are in Canada and an immigration officer determines that you have not complied with your residency obligations, the officer may issue a departure order that requires you to leave Canada.

If you are outside of Canada and do not meet residency obligations, immigration officers abroad may inform you in writing that you have lost your permanent residence status.


So as you can see, to meet your residency requirement, you must be physically present in Canada for 730 days (2 years) in every 5-year period.

In terms of re-entering Canada without a PR card, 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 need to leave Canada and I do not have a permanent resident card. Can I later return to Canada without a PR card?

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.


Once you return, you may want to contact the Immigration, Refugees and Citizenship Call Centre directly for some information specific to your situation.

If you would like to try and contact the Immigration, Refugees and Citizenship Call Centre from outside Canada, we have had some of our users previously state that they have been able to contact CIC 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 reported that it did not work for them or that it is no longer working.

You may want to give it a try.

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
3/5/2018
Topic:
Not Met Residency Requirements - Sponsor Spouse

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

This is a very complicated situation.

Since you are in Canada, you may want to contact the IRCC Call Centre directly for some information specific to your situation. Please note that you do not have to provide personally identifying information in order to ask a "general" question.

You may also want to contact a Lawyer or a reputable, registered Immigration Consultant who is familiar with Canadian immigration issues for some advice and assistance with 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
3/5/2018
Topic:
Travelling With A Canadian Spouse - PR Question

Moderator
Moderator
Hello Scotty,

Thank you for sharing your question with us and kind words/feedback with us.

You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.

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 described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their 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.
(Italics and Bold ours)


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
3/5/2018
Topic:
Am I eligible for Employment Insurance?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

It is difficult for us to comment on specific cases.

It is best if you contact Service Canada directly for some information specific to your situation.

You can find some contact information on the Service Canada website.

Or call,

Toll-Free: 1-800-206-7218 (TTY: 1-800-529-3742)

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
3/5/2018
Topic:
Need legal Advice

Moderator
Moderator
Hello,


Thank you for sharing your situation and question with us.

We are sorry for your loss.

You may be able to find some helpful information in our Settlement.Org What should I do when someone dies? 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
3/5/2018
Topic:
Can I Re-Enter Canada? PR Card is Valid

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information on how to apply for Canadian citizenship in our Settlement.Org How do I apply for Canadian Citizenship? 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
3/5/2018
Topic:
Status of PR Card after Resubmission of Photos

Moderator
Moderator
Hello,

Thank you for your question.

We hope that someone who is in a similar situation can provide you some information and suggestions.

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
3/5/2018
Topic:
Expired Health Card while waiting for Work Permit

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We suggest that it is best if you contact the Ministry of Health and Long-Term Care/ServiceOntario directly to find out what your options are in this situation.

You can find some contact information here:

ServiceOntario, INFOline at:
1-866-532-3161 (Toll-free in Ontario only)
TTY 1-800-387-5559.
In Toronto, TTY 416-327-4282
Hours of operation : 8:30am - 5:00pm

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
3/5/2018
Topic:
Moving to Ontario From Quebec

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is best that you contact Immigration, Diversité et Inclusion Québec directly for some information specific to 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
3/5/2018
Topic:
Not Received PR card

Moderator
Moderator
You are very welcome!


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
3/5/2018
Topic:
City of Destination

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is best that you contact the Saskatchewan Immigrant Nominee Program (SINP) directly just to confirm.

You can contact them here:

1-306-798-7467

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
3/5/2018
Topic:
How can I sponsor?-Receiving Ontario Works

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Ministry of Community and Social Services website in the Ontario Works Directives section the process is as follows,


If a defaulting sponsor and/or co-signor does not respond after fifteen days and/or does not resume their support of the sponsored immigrant, the delivery agent uses the Notification of Sponsorship Debt Form to confirm the default to CIC.

The case is then referred to the ministry's centralized Overpayment Recovery Unit (ORU), by emailing the electronic Validation of Sponsorship Debt form to ORU. The ORU staff will pursue the sponsorship debt by sending letters at 45 and 90 day intervals to the defaulting sponsor. If the sponsor does not begin repaying the debt, the ORU will refer the case to the Canada Revenue Agency to begin the Refund Set-Off process.

The sponsor and co-signer (if applicable) are still considered to be in default of their sponsorship agreement and will be barred from future sponsorship. If during a subsequent review by the delivery agent, new information reveals that the alleged incident of abuse or family violence has been resolved, the CIC and the ORU are to be informed. At that time, the Default Notification letter can be issued by CIC and recovery of the sponsorship debt can be pursued by the ORU.


You can find some contact information here:

Ministry of Community and Social Services
Overpayment Recovery Unit
Website
Toll free: 1 (888) 346-5184

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
3/6/2018
Topic:
Not Received PR card

Moderator
Moderator
Hello JannyRao,

Thanks for sharing your experience with us.

This is really helpful to us and other users.

Please let us know if there is any follow up to your situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
3/7/2018
Topic:
Canadian applying for PR For American spouse

Moderator
Moderator
Hello,

Thanks for using our forum.

For details about eligibility and procedures on how to apply for Permanent Residency, you can find the information on Immigration, Refugees and Citizenship Canada's website.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=006&top=4

For more specific questions regarding your case/application you might want to ask a certified immigration consultant or lawyer.

https://settlement.org/ontario/legal-services/lawyers-and-other-legal-help/find-a-lawyer/should-i-get-help-with-my-immigration-application-from-an-immigration-consultant-or-lawyer/

Thank you again for using our forum.
Settlerment.Org
3/8/2018
Topic:
Question about expired PR

Moderator
Moderator
Hello,

Thank you for using our forum to share your question.

If your work experience was obtained with your post-graduate work permit, you might find useful information in:

Express Entry
https://settlement.org/ontario/immigration-citizenship/immigrating-to-ontario/immigration-categories/what-is-express-entry/

Please note: According to Immigration, Refugees and Citizenship Canada's website:

"The work experience you can use to apply for the Canadian Experience Class must not have been gained while studying full time on a student permit (for example, experience gained while on a co-op work term)."

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=394&top=29

In terms of PR requirements, you might find some information in our article:

What are the residency requirements for permanent residents (PRs)?
https://settlement.org/ontario/immigration-citizenship/permanent-residence/permanent-resident-pr-status/what-are-the-residency-requirements-for-permanent-residents-prs/

For eTA and travel information you might find some info in these articles:

What is an Electronic Travel Authorization (eTA)?
https://settlement.org/ontario/immigration-citizenship/landing-and-leaving/landing-in-canada/what-is-an-electronic-travel-authorization-eta/

Do I really need a PR card to travel back to Canada?
https://settlement.org/ontario/immigration-citizenship/landing-and-leaving/leaving-canada/do-i-really-need-a-pr-card-to-travel-back-to-canada/

Implied status and travelling outside Canada
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Finally, if you have more questions pertaining to your case you might want to ask a certified immigration consultant or a lawyer

https://settlement.org/ontario/immigration-citizenship/immigrating-to-ontario/general-information-about-applying/should-i-get-help-with-my-immigration-application-from-an-immigration-consultant-or-lawyer/

We hope that this information will be useful.

Thank you again for using our forum.

Settlement.Org