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5/1/2017
Topic:
Where Can I Find Info About Landlord Rights?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

It is best to contact the Landlord's Self-Help Centre directly for some additional information specific to your 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
5/1/2017
Topic:
Lost my SIN

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.

You can find some detailed information and a detailed outline of what steps are required in our Settlement.Org What do I do if my SIN is lost or stolen? 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
5/1/2017
Topic:
Trying to Replace Son's SIN

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.

You can find some detailed information and a detailed outline of what steps are required in our Settlement.Org What do I do if my SIN is lost or stolen? 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
5/2/2017
Topic:
tenant rights when moving out

Moderator
Moderator
Hello,


Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out what your mother's options are.

It is best that you or your mother contact the nearest Community Legal Clinic for some information and advice specific to her 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
5/2/2017
Topic:
Have Not Received SIN Yet

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We suggest that you contact the Service Canada - (Social Insurance Number line) directly for some information on 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
5/2/2017
Topic:
Speed up Sponsorship Application - Possible?

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.

Unfortunately, we are not aware of any way to speed up the processing for these type of applications.

You may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to confirm this information and to see if they can provide any additional information specific to 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
5/3/2017
Topic:
Sponsoring a minor within Canada

Moderator
Moderator
Hello Irina,

Thank you for sharing your situation and question with us.

It may be helpful to read this previous Settlement.Org Apply For TRV And/Or TRP? - For My Child Discussion Thread.

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 CIC. Then you should be transferred to the IRCC Call Centre.

Please note though we are not sure if this number continues to work this way.

You may want to give it a try.

Please be aware that 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
5/5/2017
Topic:
My wife wants to sponsor her parents

Moderator
Moderator
Hello,

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

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

You can find some information regarding sponsorship of parents in our Settlement.Org How do I sponsor parents, grandparents, adopted children and other relatives? article.

In terms of information regarding who is eligible to co-sign, you can find some detailed information the Guide 5772 - Application to Sponsor Parents and Grandparents guide.

Here is an excerpt,


May I have a co-signer?

Your spouse or common-law partner may help you meet the income requirement by co-signing the sponsorship application. A common-law partner is a person who is living with you in a conjugal relationship and has done so for at least one year prior to the signing of the undertaking.
The co-signer must:
  • meet the same eligibility requirements as the sponsor;
  • agree to co-sign the undertaking;
  • agree to be responsible for the basic requirements of the person you want to sponsor and his or her family members for the validity period of the undertaking.
The co-signer will be equally liable if obligations are not performed.
If your co-signer is a common-law partner, you must submit the Statutory Declaration of Common-Law Union (IMM 5409).

Note: Assets, potential earnings, or assistance from other family members will not be considered.


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
5/8/2017
Topic:
International Students- Marriage Question

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.

You may want to contact the Immigration, Refugees and Citizenship Canada Call Centre directly for some 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
5/8/2017
Topic:
Minor Repairs

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out what your rights are in this situation.

It is best that you contact the nearest Community Legal Clinic for some information and advice regarding how to proceed.

You can find the nearest Community Legal Clinic on the Legal Aid Ontario 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
5/8/2017
Topic:
Expired PR card, may travel to Canada soon

Moderator
Moderator
Hello John,

Thank you for sharing your update with us.

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

We have had some of our users previously state that they have been able to contact IRCC 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 previously reported that it did not work for them or that it is no longer working.

However, we suggest that you may want to give it a try.

Long distance charges will apply.

I hope this information is helpful.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
5/9/2017
Topic:
Not Met PR Requirements - Return to Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You mentioned that you have not been able to meet your PR residency requirements and it sounds like you believe that you may have lost your permanent residency.

Regarding 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.

Regarding your new baby, as your new baby will not have a PR card because they were born abroad, you will have to look into the documents required in order for your baby to enter 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 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
5/10/2017
Topic:
Citizenship Application Question 6G - Addresses

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information in the Application for Canadian citizenship under subsection 5(1) – Adults 18 years of age and older (CIT 0002) Instruction Guide.


Here are some excerpts,

Write all your Canadian addresses for the six (6) years before the date of your application or since you became a permanent resident, whichever is more recent ("the relevant period"), including the postal codes.


If you were residing, employed or attending school outside Canada, you must also list all your foreign addresses, including the postal codes.



and

The relevant period


The relevant period is your residence period (your calculation of time physically present in Canada). This information is used to help make sure you have met the physical presence requirement for Canadian citizenship. The minimum amount of time you need to be in Canada to be eligible for citizenship is 1,460 days within the six years immediately before applying. This means that your relevant period starts a minimum of 1,460 days before you sign your application.




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
5/10/2017
Topic:
Changes to Regulations

Moderator
Moderator
Hello Direkgeri,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out what your options are in this situation.

We are sorry to hear of this situation.

There are some Community Legal Clinics that provide immigration related services.

We suggest that you contact the nearest Community Legal Clinic that provides services related to Canadian Immigration applications to see if they can assist you in finding out what your options are at this point.

You may also, if possible want to contact a reputable Lawyer who is familiar with Canadian Immigration application processes.

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
5/11/2017
Topic:
Applying for ODSP for Sponsored Mum

Moderator
Moderator
Hello,

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

We can appreciate that you would be concerned about this situation and be interested in finding out what your options are.

You can find some detailed information regarding the procedures and policies relating to sponsored people and their sponsors in the Ontario Works Policy Directives- 3.11 Sponsored Immigrants document.

The sponsor's obligation to provide for the basic requirements of the sponsored immigrant continues for the full sponsorship period even if the sponsored immigrant becomes a Canadian citizen.


and

Repayment of Social Assistance by Defaulting Sponsors

Under IRPA, all social assistance received by a family class sponsored immigrant is considered a federal and provincial debt of the sponsor. Financial assistance received from Assistance for Children with Severe Disabilities is not considered "social assistance" under IRPA.
Sponsors who default on their sponsorship obligation need to know the amount of social assistance that they are required to repay. Prior to determining the debt amount for the defaulting sponsor, staff must verify the term and expiry of the sponsorship period and how long the sponsor was in default.

[...]

In these cases, the debt amount is calculated by using the social assistance amount that applies to the sponsored person(s) only, less any earnings, income, unassigned support payments received and any overpayment, sponsorship or other deductions made during the sponsorship period. In addition, any outstanding overpayments that have not been recovered also must be deducted. The net amount is the sponsorship debt which the sponsor must repay.


and

Deferral of Sponsorship Debt Recovery

There are certain circumstances where sponsors may be deferred from debt recovery activity. In such cases, sponsorship debt continues to accrue until the end of the sponsorship period.

Sponsorship debt recovery may be deferred in cases where:

- the sponsored person is temporarily or permanently waived from the requirement to pursue support from their sponsor;
- the sponsor is incapacitated;
- the sponsor has undergone bankruptcy and the entire sponsorship debt was covered by the bankruptcy discharge;
- the sponsor has documented extraordinary circumstances;
- an open eligibility investigation has commenced for the sponsored person;
or
- CIC confirms the validity of an undertaking is under review;



Generally, ODSP will calculate the debt and will refer the case to the Overpayment Recovery Unit (ORU). The ORU informs sponsor by letter that sponsored family member(s) has received social assistance.

The purpose of letter is to reach an agreement on how the sponsor will resume providing for the sponsored family member(s), or to start the collection of the debt.

The next steps may include the ORU sending further letters to the sponsor or by referring the case to Canada Revenue Agency's (CRA) Refund Set-Off Program.

In these cases, the CRA can garnish (take over) any Income Tax refunds.

Additional steps may additionally include measures such as court action.

We suggest that it is best that you contact the nearest Ontario Disability Support Program (ODSP) office for some information specific to 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