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10/1/2018
Topic:
Parents' PR Status

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 parents meeting their 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 parents' 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
10/1/2018
Topic:
Parents' PR Status

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 parents meeting their 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 parents' 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
10/1/2018
Topic:
Reapplying for PR status after renouncing it

Moderator
Moderator
Thanks Navtej!

Glad you are well.

Hope to keep in touch!

Anna


=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
10/4/2018
Topic:
PR Card Renewal

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.

Regarding your first question,

First question,

I wanted to know if I meet the residency obligation and can now apply for renewal of my PR card?


You can find details about this in the Applying for a Permanent Resident Card (PR Card) - First application, replacement, renewal or to change sex designation (IMM 5445) Guide - Appendix A: Residency obligation.

Here is an excerpt,

Minimum residency obligations

You must meet the residency obligation to get a PR Card.

If you have been a permanent resident for five (5) years or more

you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.


If you have been a permanent resident for less than five (5) years

you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.



Regarding your second question,

Second question,

Next year June 2019, I will also be eligible for citizenship, can I apply for citizenship on expired PR card?


The same Applying for a Permanent Resident Card (PR Card) - First application, replacement, renewal or to change sex designation (IMM 5445) Guide states,


You may be eligible for Canadian citizenship

You may be eligible for Canadian citizenship if:

-you are a permanent resident of Canada; and
-regardless of your age, you have been physically present in Canada for at least 1,095 days during the five years right before the date you sign your application and meet all other conditions.

You may be able to use some of your time spent in Canada as a temporary resident or protected person towards your physical presence calculation. Each day spent physically in Canada as a temporary resident or protected person before becoming a permanent resident within the last five years will count as one half day, with a maximum of 365 days, towards your physical presence.


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. The onus is on you to maintain your residency requirements.

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
10/4/2018
Topic:
Looking for Affordable Housing

Moderator
Moderator
Hello Sahaf,

Thank you for sharing your situation and question with us.

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

Your User Id indicates that you are in Vancouver.

You may want to contact the nearest Housing Help Centre in that area for some assistance.

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
10/6/2018
Topic:
Resume Using My Maiden Name

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information on the ServiceOntario website in the Change your last name section.

You may want to contact the nearest ServiceOntario location 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
10/6/2018
Topic:
Snow Removal

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.

It is best to contact the Landlord's Self-Help Centre directly for some additional information specific to this situation. The Landlord's Self-Help Centre is a non-profit community legal clinic which supports Ontario's small-scale landlord community exclusively.

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
10/6/2018
Topic:
Work Permit

Moderator
Moderator
Hello Sahaf,

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

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
10/6/2018
Topic:
Issues with permanent residency application

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.

Since you are in Canada, you may want to contact the IRCC Call Centre directly to find out information specific to your situation.

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 process.

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
10/6/2018
Topic:
Window Air Conditioners

Moderator
Moderator
Hello,

Thank you for sharing this situation with us.

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

You may want to contact the nearest Community Legal Clinic for some additional information regarding this and regarding what your rights are.

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
10/6/2018
Topic:
PR card is Expiring - Only have 720 Days In Canada

Moderator
Moderator
Hello D,

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 details about this in the Applying for a Permanent Resident Card (PR Card) - First application, replacement, renewal or to change sex designation (IMM 5445) Guide - Appendix A: Residency obligation.

Here is an excerpt,

Minimum residency obligations

You must meet the residency obligation to get a PR Card.

If you have been a permanent resident for five (5) years or more

you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.


If you have been a permanent resident for less than five (5) years

you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.



You may want to contact the IRCC Call Centre directly 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
10/7/2018
Topic:
PR Status for Family

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this information and knowing how your family can maintain their permanent residency.

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.

If you have concerns about meeting your family's 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 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
10/7/2018
Topic:
How to Check my PR Status outside Canada

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 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 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
10/7/2018
Topic:
Issues with My WES Report

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

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

It is best that you try to contact WES directly regarding this situation. However, you can find some helpful information regarding the process for contacting WES in our previous Settlement.Org 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
10/7/2018
Topic:
How to get Certificate of Qualification Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

We can appreciate that you would be looking to find any options available to you.

As you may have noticed, the Settlement.Org website is mainly about the province of Ontario.

We are very sorry, unfortunately, we are unable to provide a definitive response regarding this process.

However, we have some very general information that you can find in our Settlement.Org How can I apply to immigrate to Ontario? article.

You can find some information on the Immigration, Diversité et Inclusion Québec website in the Applying for a Certificat de sélection du Québec (CSQ – Québec selection certificate) section.

We hope this information is helpful.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS