2/14/2017
Topic:
Permanent Residency - Not Met Requirements
Moderator
|
Hello Peter,
Thank you for your kind words. You are very welcome. It is our pleasure to provide any information possible.
Regarding what you have stated about loss of permanent residency status, 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), you 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.
If you have a PR card, it is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.
In terms of re-entering Canada, you may want to look at what your options are on the Immigration, Refugees and Citizenship Canada (IRCC) website in the What happens if my permanent resident card expires while I am outside Canada? section.
This section discusses options and "other documents you can use to re-enter the country" if your card expires while outside Canada and you plan to return to Canada by private vehicle.
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 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 |
2/14/2017
Topic:
Proof of Funds and Items Declaration
Moderator
|
Hello Faisal,
Thank you for sharing your question and situation with us.
We can appreciate that you would be interested in this type of information.
Regarding your question about Proof of Funds, you must show proof of funds at the time of landing. As you have mentioned, you have previously already landed as a permanent resident, this is what you already did when you landed.
Although you do not have to show Proof of Funds this time, Canadian customs regulations require you to declare if you are bringing more than CAN$10,000 into Canada.There are no restrictions on the amount of money that you can bring into or take out of Canada. You must, however, report amounts of currency equal to or greater than CAN $10,000 or its equivalent in a foreign currency to the Canada Border Services Agency. If you do not tell them, you may be fined, and your funds could be seized.
In terms of your goods to follow, At the time of landing, you should have submitted a BSF186 - Personal Effects Accounting Document, or B4, where you were to list any goods with you and the goods that you were going to send later.
It is important to note that if your goods are not listed on your original BSF186, (or B4), they are not eligible for duty-free importation at a later time.
According to some Border Information Services (BIS) representatives, it is possible that, depending on the length of time since landing, the exemption on taxes may have be forfeited.
If the officer is not satisfied or convinced that it was to have originally been included on a Goods to Follow list, then you may be subject to the tax and duty.
In the event that you have to pay, you will have to pay 13% tax on the used value of the items. They stated that when allocated a used value to your items, you may want to think of it in terms of how much you would be able to sell it for at a garage sale. That is the amount you should allocate to your used items.
An additional 9.5% duty on the used value of any furniture. The amount of duty on other items such as used clothing and textiles can vary depending on where they are made. The duty can be from 0 to 20% of the used value.
They stated that if you are interested in how much duty will be charged on each other used item, you can contact them for specifics.
We suggest that you may want to contact a Border Information Services (BIS) representative directly for some information on your specific situation.
You can contact them at:
1-800-461-9999
They accept calls from outside Canada. Long distance charges apply.
If you are looking to bring items in as a returning resident, you can find some additional information on the Canada Border Services Agency (CBSA) Website in the Moving back to Canada 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 |
2/14/2017
Topic:
Ontario Works ''worker'' Treating me Poorly
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
There are two ways you can file a complaint about your case worker. At the office, you can request to speak with their supervisor individually. After that, the supervisor will speak with the case worker about the issues you raised. Next, the supervisor will set a meeting between the three of you to discuss and resolve the issues you have raised. The other option you have is to file a complaint about your caseworker through the Toronto head office hotline: 416 392 8623.
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.
===== Eric Settlement.Org Content Coordinator Settlement.Org |
2/14/2017
Topic:
Identity documents: translation and expiration
Moderator
|
Hello there, Thank you for sharing your situation and question with us.
Would you mind clarifying if you are hoping to collect the necessary paperwork to get a form of ID for use or if you are renewing your PR card?
Either way, I recommend that you call the centre you initially called and ask them what they need you to do to submit your expired passport and PR information.
You can find more information about translating documents by in our Settlement.Org How do I get my documents translated? 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.
===== Eric Settlement.Org Content Coordinator Settlement.Org |
2/15/2017
Topic:
Question about Landlord Selling the Home
Moderator
|
Hello there,
Thank you for sharing your situation with us.
You cannot be evicted from your home because your landlord has sold the property, unless the new owners or their family are planning to live in the property themselves. Your landlord is responsible for issuing you a written eviction notice that clearly states this as the purpose of your eviction.
Unless the new owners or their family are moving in, the new owners must respect the terms of the lease you signed with the current owner, including the price of rent and all other costs.
If the new owners or their family are moving in, they must give you 60 days notice from the end of the month, not mid-way through the month. Your move out date would be April 30th, not April 15th. But this is ONLY if the new owners or their family plan to move into your home. April 15th only represents the day when ownership changes and should not affect you.
It is illegal for a landlord to lie to a tenant for the reason they are evicted them.
You may want to call the Federation of Metro Tenants’ Associations 416-921-9494 to better understand your situation.
You may also want to contact the Landlord and Tenant Board to learn more about your rights or file a complaint against your landlord. http://www.sjto.gov.on.ca/ltb/
I hope that information was useful.
- Your Settlement.org team |
2/16/2017
Topic:
Question about Landlord Selling the Home
Moderator
|
Hi there,
I'm glad the information provided was useful.
According to Community Legal Education Ontario (CLEO)'s Steps to Justice website, Your landlord can give you the notice in a number of ways, for example, by mailing it, putting it in your mailbox, or handing it to you.
You may also find the resource Does your landlord want you to move out? to be useful.
We wish you the best of luck with your situation.
- The Settlement.Org team |
2/16/2017
Topic:
Sponsor
Moderator
|
Hi Pearl,
In addition to the resource that PMM recommended, you may want to visit the sponsorship section of Settlement.Org and the Immigration, Refugees and Citizenship Canada (IRCC) website.
If you are not able to sponsor your family, they may want to consider coming to Canada through the skilled worker immigration program.
We wish you the best with your situation.
Sincerely, - The Settlement.Org team |
2/17/2017
Topic:
PR card Renewal - 10 Months and Still Waiting
Moderator
|
Hi Mary,
Sometimes an additional explanation is provided which is what is meant by "notes". You may be interested in reading other people's experiences with secondary reviews in this Discussion Forum thread on this topic. You may also want to contact the IRCC Help Centre if you have questions.
-Your Settlement.Org team |
2/17/2017
Topic:
Moving to Ontario From Quebec
Moderator
|
Hi Binoy,
Thank you for your message. As our website in for newcomers in Ontario, we do not have information Quebec immigration programs. We would recommend that you contact Immigration, Refugees and Citizenship Canada (IRCC) about your question. You may also want to contact a community legal clinic about your situation.
If other users have experience with this type of situation, we would encourage you to share your experiences.
We wish you the best of luck,
-Your Settlement.Org team |
2/17/2017
Topic:
Marriage Fraud and Unclaimed Child
Moderator
|
Hi Nikita,
Thanks for sharing your situation with us. It sounds like a very complex situation.
As Anna suggested, you may want to contact a lawyer or a reputable immigration consultant for some information regarding the process in your specific situation. Alternatively, you could get help from a community legal clinic.
You may also want to go to a settlement agency for support during this stressful time.
We wish you the best with your situation.
Sincerely,
-Your Settlement.Org team |
2/21/2017
Topic:
Schedule (List) of IAD hearings in Toronto
Moderator
|
Hello there,
Thank you for sharing your question with us.
The Immigration Appeals Division does not appear to publicized their schedule for hearings to the public. If you are asking because you or someone close to you is expecting a hearing, please contact their Toronto location directly: 416-954-1000.
Here is a link with all of their contact locations. http://www.irb-cisr.gc.ca/Eng/ImmApp/Pages/ImmAppContact.aspx
I hope that helps you find the information you are requesting.
------- Your Settlement.org team |
2/21/2017
Topic:
PR Card for Wife pending after resubmitting pics
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
From your message it sounds like you are currently located in Canada at the moment? If that is the case you should not have a problem speak with IRCC: 1-888-242-2100 IRCC Call Centre line.
We cannot provide information on how long it takes for IRCC to process information or requests they receive.
------ Your Settlement.org team |
2/21/2017
Topic:
PR Card - Change Mailing Address - How?
Moderator
|
Hello there,
Thank you for sharing your question with us.
To avoid confusion, I recommend that you contact IRCC directly to inform them of the change of address in case your PR card has already been sent to the older address. 1-888-242-2100 IRCC Call Centre line.
Also, depending on what your former address is, you may want to contact the person who now lives at your former address and ask them if your card has arrived.
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.
===== Your Settlement.org team |
2/21/2017
Topic:
How to put signature of spouse in online form
Moderator
|
Hello there,
Thank you for your question.
Your wife should sign the document with her signature, and then scan and upload the document.
It is important to fill in all the relevant boxes and follow the instructions provided on the form. If you have any questions about the form before you submit it please contact IRCC directly: 1-888-242-2100 IRCC Call Centre line.
I hope that helps answer your question. Please let us know if you have any other questions or an update of your situation.
==== Your Settlement.org team |
2/21/2017
Topic:
Travel Documents (as Venezuelan)
Moderator
|
Hello there,
Thank you for sharing your question with us.
The following information comes directly from the IRCC article entitled "Can I leave and come back to Canada if I have a work permit?"
Generally, yes. To return to Canada to work, you will need a:
- a valid passport or travel document;
- a valid work permit if you are returning to work in Canada;
- a valid visitor visa, if you are a citizen of a visa-required country. You must re-apply for a temporary resident visa (visitor visa) if:
- your visa has expired; or
- your visa was only valid for a single entry to Canada.
- an Electronic Travel Authorization (eTA) if you are a citizen of a visa-exempt country and plan to return to Canada by air. You will not be able to board your flight without one.
- If you received an initial study permit before August 1, 2015, you will need to apply for an eTA.
- If you received an initial study permit on or after August 1, 2015, you will automatically be issued an eTA along with your permit.
- When you renew your work permit, an eTA is not automatically renewed or issued. You may need to apply for one separately. See Extend your work permit.
A border officer will have some questions for you when you arrive back in Canada. If the officer believes there is reason to refuse your re-entry, you will not be able to re-enter Canada.
As their website suggests, you need to consider when your work permit was issued before considering applying for an eTA.
If you have any questions please contact the IRCC Call Centre line directly at 1-888-242-2100.
===== Your Settlement.org team |