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11/21/2014
Topic:
WES Result - Non Recognized Institution

Moderator
Moderator
Hello,

Thank you for your update.

We are sorry, unfortunately, we do not have the ability or resources to provide detailed information regarding this type of immigration application process.

We suggest that you contact the nearest Visa Office for additional information.

You may also want to try posting your application process questions in other immigration related forums.

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
11/24/2014
Topic:
Citizenship Application

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Section 5 (1.1) of the Citizenship Act time outside Canada will only be counted as equivalent to one day of residence in Canada for Citizenship purposes in this circumstance,

(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).


We suggest that it is best for you to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some suggestions and information specifically related 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
11/25/2014
Topic:
Do I need to include my Husband for Citizenship?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Application for Canadian Citizenship: Adults application form, it requests that you include your marital status.

The options are:

-Never Married
-Married
-Common-Law
-Widowed
-Divorced
-Legally Separated

Your marital status should not affect your citizenship application.

We suggest that it is best that you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for information specific to your situation and questions.

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
11/25/2014
Topic:
Immigration Loan Late Payment - Sponsorship

Moderator
Moderator
Hello,

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

According to the Guide 3900 - Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada(CIC) guide,


You may NOT sponsor if you…

-are in default of an undertaking, an immigration loan,


and


Defaults

If you are in default of an immigration loan

You received a transportation, assistance or Right of Permanent Residence Fee (previously called the Right of Landing Fee) loan and have missed payments or are in arrears.

You may not sponsor until you pay all arrears on your loan. For more information, contact Collection Services at 1-800-667-7301 (in Canada and the United States only).


As stated in the guide, it applies if someone has missed payments or is in arrears. In other words, if they are in default, or have failed to meet their obligation of repaying their loan they are not eligible to sponsor until they pay all arrears on the loan.

It is best if your sister contacts the Citizenship and Immigration Canada (CIC) Call Centre directly to confirm this information and to receive a response regarding her own 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
11/25/2014
Topic:
How can I Continue my Studies in Canada?

Moderator
Moderator
Hello Shawyz,

Thank you for sharing your situation and question with us.

It is great that you are looking into this type of information before arriving in Canada.

In secondary school, students usually take an assessment so that they can be placed in the right grade.

Generally, secondary school students who have recently arrived from other countries may have an initial assessment before they can enter a school.

You can find more information on enrolling in Secondary School here:

Newcomers' Guide to Secondary School - Public School Board

You may also find some helpful information in our Settlement.Org Which grade will my child enter when we move to Ontario? and How is my child assessed to start school in Ontario? articles.

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
11/25/2014
Topic:
Can I use my Basement for a Business?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is great that you are looking into the details before starting your business. It is really important to make sure that all of the legalities related to this type of business are covered.

It would be important to check out any Toronto City By-Laws that may apply to what type of businesses can be run from basements.

If this is a rented premises, it is also important that you confirm the possibility with your Landlord.

We suggest that you may also want to contact the nearest Toronto Business Development Centre or Enterprise Toronto location for some information and assistance regarding starting a business. They may also be able to help you find out some information regarding any by-laws that 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
11/25/2014
Topic:
Sponsorship Dilemma - Married to a Married Person

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is important to get some definitive information regarding this situation.

According to the CIC OP 2 Processing Members of the Family Class Operations Manual regarding potentially polygamous marriages,

Polygamous marriage (bigamy)

Polygamous marriages and potentially polygamous marriages occur when either of the participants already has a spouse, and has gone through or intends to go through a further marriage ceremony without divorcing.

For Canadian immigration purposes, R117(9)(c)(i) excludes from recognition marriages that took place when the sponsor or spouse was married to another person. Therefore, the first marriage is the only one that can potentially be recognized.

See also Section 13.2below.


It also states,

13.2. Polygamous marriages

Officers must counsel both parties that polygamy is an offence under the Criminal Code of Canada.

R117(9)(c)(i) states that a spouse is not a member of the family class if the spouse or sponsor was already married to another person at the time of the subsequent marriage. This regulation prohibits a second (or third, etc.) wife from being recognized as a spouse within the family class and provides that only the first marriage may potentially be recognized for immigration purposes.

In order for the first marriage to be recognized as legally valid under Canadian law, the couple must live together in a monogamous marriage in Canada. Common law imparts that a polygamous marriage can be converted into a monogamous marriage provided that the couple live together in a monogamous relationship from the time of arrival in Canada. This conversion is effected by the stated intention of the parties to so convert their marriage, followed by some factual evidence that they have complied—usually by divorcing the other spouses and/or by a remarriage in a form that is valid in Canada.

Note: The Department cannot require divorce(s) and remarriage. However, officers can ask for evidence that the parties have converted their marriage to a monogamous one and can explain what might constitute such evidence.

The decision to refuse must be based on the balance of all evidence, and not solely because the applicant did not obtain a divorce. The parties must understand that refusal to provide such evidence may result in a refusal of their application.

[...]

Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and thus, they would have to remarry to be considered married under Canadian law.


It is best that you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some instruction regarding what they are requesting regarding your application.

You may also want to contact a Lawyer who is familiar with immigration and sponsorship related issues 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
11/25/2014
Topic:
Lost Old Health Card

Moderator
Moderator
Hello Sam,

Thank you for sharing your situation and question with us.

According to the ServiceOntario website,


How can I replace a lost/stolen/damaged health card?

To replace a lost, stolen or damaged red and white Ontario health card, you must visit a ServiceOntario centre.

Bring three original documents Ontario Health Coverage Document List (form 9998E-82); one to prove citizenship/immigration status, one to prove residency in Ontario and one to prove identity.

If your information such as name and address has not changed, you can replace a lost, stolen or damaged green coloured photo health card by contacting ServiceOntario at 1-800-664-8988.

If your name has changed, you may need to provide a marriage certificate or a change of name certificate.

If your card was invalid or expired and is lost/stolen/damaged, you may be required to show additional proof of residency documents.

If you have a photo health card that is lost, stolen or damaged, a visit to a ServiceOntario centre may not be required. For more information call INFOline at 1-800-664-8988.


In order to replace a lost red and white Ontario health card, you must visit a ServiceOntario centre.

In order to replace a lost green coloured photo health card you should contact ServiceOntario at 1-800-664-8988.

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
11/25/2014
Topic:
Delayed Citizenship Card for Child Abroad

Moderator
Moderator
Hello Ekappa,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned and frustrated with this process.

Unfortunately, according to the Citizenship and Immigration Canada (CIC) website in the Processing Times: Citizenship Certificate (Proof of Citizenship) section, it states that the routine application processing time is 5 months. However, if you are applying on behalf of a minor child residing outside Canada and outside the United States and the application is submitted directly to the Case Processing Centre in Sydney, Nova Scotia, you need to add an additional 6 to 8 months to the total processing time.

It suggests that if it has been longer than the time shown above since you applied, and you live inside Canada, you should contact the Call Centre.

It also states that the Citizenship and Immigration Canada (CIC) Call Centre agents cannot speed up the processing of your application or make decisions on your case. If you live outside Canada and outside the United States, it suggests that you contact the office where you submitted your application.

We are sorry that we do not have any additional information to provide you.

We hope that other users can share any similar situations, comments and suggestions with you.

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
11/26/2014
Topic:
OHIP and Living outside Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us. We are sorry to hear that you have experienced this.

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

As you already know, there are certain OHIP eligibility requirements.

They are:

- that you make your primary place of residence in Ontario; and generally, you are in Ontario for at least 153 days of the first 183 days immediately following the date you establish residence in Ontario (you cannot be absent for more than 30 days during the first 6 months of residence); and

-you are in Ontario for at least 153 days in any 12-month period.

You may be temporarily outside of Canada for a total of 212 days in any 12 month period and still maintain your OHIP coverage as long as your primary place of residence is still in Ontario.

As you mentioned, generally, there is a three-month waiting period for Ontario Health Insurance Plan (OHIP) coverage. It applies to most new residents and former residents returning to Ontario.

It would not seem that re-registration for OHIP coverage would change the three-month waiting period requirement if the other requirements have not been fulfilled.

The Ministry of Health and Long-Term Care does have extended absence provisions.If it does not apply to you already, it may be helpful to find out if you would be eligible for Continuous OHIP coverage.

Continuous OHIP coverage means that while you are away and upon your return to Canada, there will be no interruption to your insured status with OHIP.

To be eligible for continuous OHIP coverage during your first absence of this type, you must typically be physically present in Ontario for at least 153 days in each of the 2 consecutive years before the absence.

Unfortunately, in order to find out if you are eligible for this type of coverage it is important to confirm your eligibility before you leave Ontario.

It may be best for you to try and contact ServiceOntario directly to find out what your options are in your situation. You may want to try and contact ServiceOntario here:

ServiceOntario
Toll free : 1-866-532-3161
In Toronto, (416) 314-5518
TTY : 1-800-387-5559


Since you are outside Canada, it may be necessary to call the (416) 314-5518 number. Long distance charges will likely 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
11/26/2014
Topic:
Immigration Loan Late Payment - Sponsorship

Moderator
Moderator
Hello,

You are very welcome.

Please let us know if you have further questions and if there is any follow up to this situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
11/27/2014
Topic:
Certified Copy -Divorce Petition -How to get one?

Moderator
Moderator
Hello,

Thank you for sharing your question with us.

You can find some detailed information on the
Ministry of the Attorney General website in the How to get a copy of a Divorce Order, Certificate of Divorce or other court document section.

It states,

In order to obtain a copy of any of these documents, you must request them from the court office where the case was started.

If you are unable to attend in person, you may ask a representative to attend on your behalf or you may write to the court office.

You may wish to call the court office in advance to ask about any steps that are necessary in order to obtain the documents. For example, a fee of $19.00 is charged in order to obtain a Certificate of Divorce.


In situations where you do not know where in Canada the divorce was started it states,

You can contact the Central Registry of Divorce:

Central Registry of Divorce Proceedings
Department of Justice
284 Wellington Street
Ottawa, Ontario K1A 0H8
(613) 957-4519

Note however that the CRDP can only provide you with your divorce registry number and does not have copies of divorce certificates.


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
11/27/2014
Topic:
Sponsorship Dilemma - Married to a Married Person

Moderator
Moderator
Hello,

You are very welcome! It is our pleasure.

We hope that your husband is able to get through to the the CIC Call Centre for some information specific to your situation.

We have had some of our users of the Settlement.Org Discussion Forum state that they have been able to get through to the the CIC Call Centre by dialing right at 8am, when the lines open.

Keep trying as it is possible to get through and speak to someone, it may just take some time.

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
12/1/2014
Topic:
Can I evict a Tenant for Violence?

Moderator
Moderator
Hello Dave,

Thank you for sharing this situation with us.

We can appreciate that you would be concerned about this situation and the safety of your tenants.

According to the Landlord and Tenant Board - A GUIDE TO THE RESIDENTIAL TENANCIES ACT section,

Ending a tenancy by the landlord

A landlord can end a tenancy only for the reasons allowed by the Act.

The first step is for the landlord to give the tenant notice in writing that they want the tenant to move out. The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board.

If the tenant does not move out after receiving the notice, the landlord can ask the Board to end the tenancy by filing an application. The Board will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can come to the hearing and explain their side to a Member of the Board.


The Act allows a landlord to give a tenant notice if the tenant, the tenant’s guest or someone else who lives in the rental unit either does something they should not do, or does not do something they should. For example:

• not paying the rent in full,
• persistently paying the rent late,
• causing damage to the rental property,
• illegal activity,
• affecting the safety of others,
• disturbing the enjoyment of other tenants or the landlord,
• allowing too many people to live in the rental unit (“overcrowding”),
• not reporting income in subsidized housing.

In some cases, a landlord can give a tenant notice based on the presence or conduct of a pet the tenant is keeping, such as where a pet causes damage to the rental property.


It may also be 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
12/1/2014
Topic:
No PR card - More than six months-Travel Document

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is unclear if you are a permanent resident. If you are a permanent resident, you can find some detailed information regarding your residency requirements in our Settlement.Org What are the residency requirements for permanent residents (PRs)? article.

Here is an excerpt,

As a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.


For any other circumstances you will need to contact the nearest Canadian Visa Office 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