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all messages by user

7/31/2018
Topic:
Indian Master of Science - Credential Evaluation

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Unfortunately, we are unable to provide any definitive information regarding this type of immigration application process.

However, you may want to look at 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
7/31/2018
Topic:
PRTD

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.

You are required to show proof of permanent residency.

You may want to 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
7/31/2018
Topic:
Departure Order

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 important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your family 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
7/31/2018
Topic:
Looking for Post Doctoral / Research fellowship

Moderator
Moderator
Hello Elizabeth,

Thank you for sharing your situation and question with us.

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

You may want to check out some of the different Canadian universities' websites for information specific to fellowships.

You can find some listings of universities on the Universities Canada website.

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
7/31/2018
Topic:
Residency Obligations/ Canadian Citizen Children

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.

If you are referring to applying to renew a PR card, the Immigration, Refugees and Citizenship Canada (IRCC) website states that you must submit your application in Canada and If you are outside Canada, apply for a permanent resident travel document to return to Canada. After you arrive, apply for a PR card.

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. Unfortunately, it does not apply to a Canadian citizen child accompanying 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
7/31/2018
Topic:
Can I Sponsor a Relative in my Custody/Care?

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.

You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Requirements to sponsor a child section.

You may want to contact the IRCC Call Centre to speak to a representative for some additional information.

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 family 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
7/31/2018
Topic:
Landlord issues in Peel region

Moderator
Moderator
Hello,

Thank you for sharing you for sharing your situation and question with us.

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

We are sorry to hear that you have experienced this and that you have also experienced some anxiety and stress as a result.

It may be helpful to contact the nearest Housing Help or Housing Referral Service for some information and guidance regarding what your options may be in 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
7/31/2018
Topic:
PRTD Application and Processing Time

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Regarding your first question,


1. How long is the processing time for PRTD


You may want to check with the visa office that will process your PRTD.

Regarding your second question,

2. For applying as Accompanying a permanent resident outside Canada, they say that we have to provide "documents showing the person you are accompanying meets the residency obligation". What does residency obligation mean?



To meet these requirements, you can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 Loss of permanent resident status enforcement manual. Here is an excerpt,

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).


and

6.5 Employment outside of Canada

The regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:

- they are under contract to, or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada;
- they are assigned on a full-time basis as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client;
- they maintain a connection to a Canadian business;
- the are assigned on a temporary basis to the work assignment; and
- they will continue working for the employer, in Canada, after the assignment.


You can also meet these requirements if your spouse or common-law partner is a Canadian Citizen.

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
7/31/2018
Topic:
PR card Renewal Application

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

The Immigration, Refugees and Citizenship Canada (IRCC) website states that,

If your application is not available through your online account, use the Check application status tool or check application 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
7/31/2018
Topic:
PR Status Question - Not Met Residency Requirement

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

We have previously received some information from one of our legal researchers related to which days or periods are considered for 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 move-able 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.

Regarding the time you spend outside, 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,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.


and

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.

The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

It is difficult for us to provide you with a definitive response regarding what will happen in your mother's particular situation.

If you have concerns about your mother meeting her residency requirements, it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your mother'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
7/31/2018
Topic:
Property Left Behind

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You may want to contact the nearest Community Legal Clinic for some information regarding 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
7/31/2018
Topic:
Questions About Travel Document

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Unfortunately, we are unable to provide a definitive response regarding this type of situation.

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
7/31/2018
Topic:
Common Law Separation after Landing

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.

If you were sponsored and are referring to the Conditional Permanent Residence for Spouses and Partners, you can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) Backgrounder - Government of Canada Eliminates Conditional Permanent Residence for Spouses and Partners.

Here is an excerpt,

Now that conditional permanent residence has been eliminated, anyone who was sponsored by someone who was subject to the condition and therefore also received conditional permanent residence him or herself, such as a child or a parent, has also had the condition lifted.


If you have any doubts, you may want to contact the IRCC Call Centre directly.

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
7/31/2018
Topic:
Not Met Residency Requirements- Apply for PR Card?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

Unfortunately, it is difficult for us to provide definitive responses to specific situations.

You may be able to find some helpful information in our Settlement.Org What are the residency requirements for permanent residents (PRs)? article helpful,

To meet these residency obligations, 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 you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.



As you may already know, the onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

We have previously received some information from one of our legal researchers related to which days or periods are considered for 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 move-able 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.

Regarding the time you spend outside, 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,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.


and

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.

Again, it is difficult for us to provide you with a definitive response regarding what will happen in your particular situation.

If you have concerns about meeting your residency requirements or believe that you may not have met them, 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
7/31/2018
Topic:
OHIP Paperwork

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

You can contact them here:

Call 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