all messages by user

"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.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

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.

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.

Hello Everyone,

I am new to this forum to submit a questions.

My wife was outside Canada for family issue and we received the invitation for citizenship test recently, she came only to do the test and we both pass the citizenship test, she want to get back home after the test. The total of months she will be outside Canada in the end will be 9 months.

- Is there any problem with her being outside Canada for that long, however her PR still valid for another 10 months?

- Does it affect the Citizenship application anyhow if we call the CIC and let them know that she will be outside of Country for another 5 months?

- How long a person can be outside Canada in this situation? being in Canada for 4 years and passed the citizenship test and PR valid for another 10 months.


Thanks

Q9: Do I have to declare day trips to the United States?

A9: No, not if you come back the same day.

Personal Emergency Leave

Some employees have the right to take up to 10 days of unpaid job-protected leave each calendar year due to illness, injury and certain other emergencies and urgent matters. This is known as personal emergency leave.

Regularly Employ 50 or More Employees

Only employees who work for employers that regularly employ at least 50 employees are eligible for personal emergency leave. When determining whether the 50-employee threshold has been met, all employees of the employer are counted. It is the number of employees that is counted, not the number of "full-time equivalents." Part-timers and casual employees are all included as one employee each in the count.

When a single employer has multiple locations, all employees employed at each location in Ontario are to be counted.

[...]

Reasons for Which an Unpaid Personal Emergency Leave May Be Taken

An employee who is entitled to personal emergency leave can take up to 10 days of unpaid leave due to:

Personal illness, injury or medical emergency,

[...]

Rights During Leave

Employees who take personal emergency leave are entitled to the same rights as employees who take pregnancy or parental leave. For example, employers cannot threaten, fire or penalize in any other way an employee who takes or plans on taking a personal emergency leave. See "Rights During Pregnancy and Parental Leaves" in the Pregnancy and Parental Leave chapter.

The Right to Reinstatement

In most cases, an employee who takes a pregnancy or parental leave is entitled to:

the same job the employee had before the leave began; or
a comparable job, if the employee's old job no longer exists.

In either case, the employee must be paid at least as much as he or she was earning before the leave. Also, if the wages for the job went up while the employee was on leave, or would have gone up if he or she hadn't been on leave, the employer must pay the higher wage when the employee returns from leave.

If an employer has dismissed an employee for legitimate reasons that are totally unrelated to the fact that the employee took a leave, the employer does not have to reinstate the employee.

The Right to Be Free from Penalty

Employers cannot penalize an employee in any way because the employee:

took a pregnancy or parental leave;
plans to take a pregnancy or parental leave;
is eligible to take a pregnancy or parental leave; or
will become eligible to take a pregnancy or parental leave.

Q11: I travel often because of my work (truck driver, employee for an airline company, etc.). Do I have to declare those absences?

A11: Yes. All absences from Canada, regardless of the reason, must be declared. The only trips you do not have to declare are those where you left and came back to Canada on the same day.

Name change

The name on your citizenship certificate will be the same as the one shown on your previous citizenship certificate, if you had one, or your birth certificate or your foreign passport unless:

-you have legally changed it, or
-you are requesting a different name for your citizenship certificate, and you can provide supporting documents.

Consult the scenarios below to determine the documents that are to be included with your application.

If you have legally changed your name

-Then you must provide a copy of a provincial legal change of name document, or
a provincial adoption order indicating your new name, or
-if residing outside Canada, a legal change of name document issued by the responsible government authority in your country of residence.

If you are requesting a name change that is not significant (for example a slight change in spelling)

Then you must provide a copy of one of the following that reads exactly the same as the name you are requesting:

-a provincial health card, or
-a provincial driver’s licence, or
-an official school record issued by the provincial department responsible for education, or
-if residing outside Canada, birth certificate or foreign passport or foreign national identity card.

If you are requesting a name change that is significant (more than a slight change in spelling)

-Then you must provide a copy of the documents noted above and linking documents showing the use of both old and new names, or the basis for the change.

Examples of linking documents include:

-marriage certificate
-foreign change of name document
-divorce judgment
-adoption order or
-foreign passport showing both names.