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all messages by user

8/30/2018
Topic:
PRTD - Multiple R-1 Question

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information regarding what the R-1 means in the Immigration, Refugees and Citizenship Canada (IRCC) OP 10 Permanent Residency Status Determination Manual. Here is an excerpt,

In most cases, the travel document is to be issued for a single entry with a validity of six months. Occasionally, there may be cases where a permanent resident of Canada is unable to apply for a permanent resident card due to their long-term residency abroad. In these rare
cases, where a permanent resident is unable to apply for the card from within Canada because of the shortness of their occasional stays in Canada, a multiple-entry travel document may be issued for a period of validity not exceeding five years. The category to be printed on the travel document counterfoil is R-1. A separate counterfoil will be printed for each person included in the application that meets the criteria for issuance.

In those cases where an applicant was approved on humanitarian and compassionate grounds, the category to appear on the travel document counterfoil is RC-1.



You can also find some additional information in the ENF 23 Loss of permanent resident status manual. Here is an excerpt,

A31(3) Travel document “R-1” counterfoil coding: Permanent residents, without a permanent resident card, who comply with the residency obligation: In those cases where an overseas applicant for an A31(3) travel document is issued with an A31(3) travel document, and an officer overseas has made a determination that the permanent resident has complied with the residency obligation (A31(3)(a)), the counterfoil coding is “R-1.”



If you are outside Canada and you want to find out whether or not the R-1 category is a problem, you may want to try and contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly. Some of our users have reported that they have been able to contact CIC recently from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC.

Long distance charges will apply.


If you are in Canada, you can contact the IRCC Call Centre here:

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
9/6/2018
Topic:
Processing status check for PR Card after landing

Moderator
Moderator
Hello Archana,

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 information on the IRCC website in the Check processing times section.

It states that initial PR cards are currently being processed within 62 days.

If you are in Canada and this processing time has passed, you can contact the IRCC Call Centre here:

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
9/6/2018
Topic:
Apply for SIN on Behalf of Canadian Minor

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

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

It is correct that the Service Canada website states,

Parents


In addition to your child’s primary document, you will need to provide your SIN when applying at a Service Canada office.
If you don’t have a SIN or if you are applying by mail, you must also provide a primary document proving your identity.
Legal guardians



You can find the list of primary documents on the Service Canada website.

We will update you if we get any additional information regarding any other possible options.

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
9/8/2018
Topic:
Child Born Abroad to PRs - Sponsorship

Moderator
Moderator
Hello there,

Thanks for sharing your situation and question with us.

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

To start, you may be able to find some information in our previous Settlement.Org Sponsorship And Get PR Card For My Newborn Son Discussion Thread.

In terms of the Canada Child Benefit, you can find some detailed information regarding what the requirements are on the Canada Revenue Agency website.

We hope that anyone who has been successful with this process can share their experiences and 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
9/10/2018
Topic:
Sponsoring my same sex partner

Moderator
Moderator
Hello Dugmac,

Thank you for sharing your situation and question with us.

Regarding your question about the points you stated,

1. I would sponsor him as a common law partner to obtain Permanent Residency (PR) status.
2. Obtaining PR status takes approximately one year from application
3. Once he is PR, he can work in Canada.
4. He doesn't have to move to Canada straight away once he is PR but has to have lived there for at least 2 years in a 5 year period, otherwise it will expire.
5. Once he has lived in Canada for 4 out of 6 years he can apply to be a Canadian citizen.



From what other users have shared with us, it generally takes at least a year or more to obtain PR status from the time of application. Unfortunately, there are no guarantees in terms of how long it can or will take.

It is also important to note that regarding point #4, he must land before his COPR expires.

Regarding your other questions,

Also, if the PR status has expired (because either points 4 or 5 above have not been satisfied) is it possible to reapply for PR status? Is the process any different the second time round or would it be like starting from scratch?



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.


Yes, it is possible to re-apply for PR status however, it would be a process that would start from scratch. Unfortunately, we cannot give you any guarantees regarding whether or not a new process will be successful. It is not recommended that someone unnecessarily go through this process. It is best to avoid it and maintain PR status.


We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues.

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
9/17/2018
Topic:
PRTD - Documents to Provide when Accompanying

Moderator
Moderator
Hello Lequn,

Thank you for sharing your situation and question with us.

Generally, when you have to submit copies of the passport, it includes all pages with visas/ stamps.

In terms of applying for a Permanent Resident Travel Document (PRTD) you can find some information and the requirements on the Immigration, Refugees and Citizenship Canada website.

It is important to contact the nearest Visa Office 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
9/17/2018
Topic:
Police Clearance

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.

The Application for Canadian citizenship under subsection 5(1) – Adults 18 years of age and older (CIT 0002) states in the

Within the last 4 years, if you spent 183 days or more in another country (other than Canada), you must provide a police certificate. You must provide a police certificate for each country where you spent 183 days or more. If you cannot get a police certificate, tell us why.


You may also want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre 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
9/17/2018
Topic:
Got Charged with Assault ( cc 266)

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 best that you dial 211 on a phone and speak to an Information and Referral Specialist for some information regarding what your options are and for some possible referrals to services or resources.

211 is a free, confidential service that is available 24 hours a day, 7 days a week.

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
9/17/2018
Topic:
Re-Apply for a PR card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some information regarding what your options are regarding how to apply for permanent residency in our Settlement.Org How can I apply to immigrate to Ontario? article.

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
9/17/2018
Topic:
Reapplying for PR status after renouncing it

Moderator
Moderator
Hello,

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 daughter's options are.

Regarding what you have stated about losing permanent residency, 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), they 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.

You mentioned that your daughter's PR card has expired. It is important to note that the PR card's expiry date has no correlation between whether or not a person has met the residency requirements.

In terms of re-entering Canada, you can find some information on the CIC 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 it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your daughter'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
9/17/2018
Topic:
Canadian Wanting to Study Post Grad Abroad

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is best that you contact the Ministry of Advanced Education and Skills Development.

You can find some contact information OSAP - Financial Aid Offices page.


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
General inquiry telephone service is available Monday to Friday, 8:30 AM – 4:30 PM (Eastern
Standard Time)
Telephone: 807-343-7260.
Toll-free in North America: 1-877-OSAP-411 or 1-877-672-7411
TTY: 1-800-465-3958


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
9/18/2018
Topic:
Moving Back to Canada with Baby

Moderator
Moderator
Hello Sam,

Thank you for sharing your situation and question with us.

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


Regarding your question,

Would we face any issue/challenge if we fly back to Canada with her US passport and then apply the citizenship for her once we are in Canada?


Unfortunately, we are unable to provide a definitive response as to what situation you may face when entering with her US passport.

However, you may find some helpful information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the I am an American citizen. What do I need to enter Canada? section.

In terms of applying for a Citizenship Certificate (Proof of Citizenship) for your daughter, the processing time on the Immigration, Refugees and Citizenship Canada (IRCC) website is 5 months. (When processed from 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
9/18/2018
Topic:
Cdn Citizen Educated Abroad-Return to ON

Moderator
Moderator
Hello,

Thank you for sharing your niece and nephew's situation and questions with us.

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

Regarding your first question,

What are the requirements to apply to Ontario universities as a domestic student, as paying international student fees are not an option for these students?


You can find this type of information on most of the Ontario universities' websites in the Office of the Registrar section or in the Student Accounts and Financial Aid pages.

Most of them state that Canadian Citizens are eligible for domestic tuition fees.

In terms of the length of time residing in Ontario, If you inquiring about applying to OSAP, you can find some information related to the residency requirements in our Settlement.Org Who is eligible for the Ontario Student Assistance Program (OSAP)? article.

Regarding your question,

Are Ontario based school records required?



They will have to contact the university/program they are interested in directly to find out which records will be required.


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
9/18/2018
Topic:
How to Add Address for Receiving PR card

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 want to contact the
IRCC Call Centre to speak to a representative for some additional 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
9/18/2018
Topic:
PRTD timelines

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We are sorry to hear that you have experienced this type of situation.

We can appreciate that you would want to get back as soon as possible.

Unfortunately, it is not possible for us to provide a definitive response regarding what the outcome will be or the processing time.

As you may already know, the processing time for this type of document varies.

You may want to try and contact the VFS office to see if they have any additional information or updates.

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