3/9/2022
Topic:
PR Card Renewal/Accompanying Canadian Citizen
Moderator
|
Hello,
Thank you for sharing your questions with us.
The Immigration and Refugee Protection Act (IRPA) establishes residency requirements and obligations with respect to each 5-year period after becoming a permanent resident.
As set out in section 46 of IRPA, a person loses permanent resident status
(a) when they become a Canadian citizen; (b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
Under section 28(2) of the IRPA, a permanent resident has the following obligations,
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
- (i) physically present in Canada,
- (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
- (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
- (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
- (v) referred to in regulations providing for other means of compliance;
… You can look to section 61(4) of the Immigration and Refugee Protection Regulations (IRPR) in order to determine if you have met the definition of “accompanying” a Canadian citizen:
For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident. Therefore, it is likely that your time abroad in the United States would count toward your residency requirements as you would likely be deemed to be accompanying your spouse and child. Once you are outside Canada without a valid PR card, you must have Permanent Resident Travel Document (PRTD) if you want to travel back to Canada on a commercial carrier as set out in Section 259 of the IRPR:
However, if you are returning to Canada by land, you can return with an expired PR Card. Note that you may experience difficulties returning to Canada.
You can apply for a new PR card during your time in Canada. Please complete the application form carefully.
In terms of the delivery address for your PR card, the Operation Manuel ENF 27 indicates that,
“On occasion, it may be appropriate for clients to provide the address of a third party (friend, relative, service provider or a paid representative) in Canada in order to facilitate processing and issuance of the PR card following their arrival in Canada, as new immigrants may not have a permanent address. However, where there are clear indications that the initial entry into Canada is only of short duration and the client provided a third party address for the purpose of forwarding the PR card outside of Canada, these cases should be flagged with an info-alert indicating that the client is outside Canada.”
The current processing delays are 117 days as per Immigration Canada’s website. If you will have a permanent address in Canada before processing is completed, you should update the address in the system by submitting a webform.
You may wish talk to a qualified immigration lawyer about this or contact Immigration, Refugees and Citizenship Canada (IRCC) directly to see if they have any information they can provide you.
Finally, we noted that Canada has implemented travel restrictions to reduce the spread of COVID-19 that you must comply with. Up to date restrictions can be found here: https://travel.gc.ca/travel-covid.
We hope that the information we provided is helpful to you. We would also recommend you to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer: This document does not contain legal advice. This document was prepared with the assistance of PBSC Western law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer. |
3/14/2022
Topic:
Super Visa Visitor Funds
Moderator
|
Hello, Thank you for sharing your questions with us! We are happy to provide a high-level answer to your question.
The IMM 5256 form, used for the Super Visa Visitor, asks for evidence that the funds available for your stay be provided by the child or grandchild hosting the parent or grandparent. The child or grandchild inviting the visitor into Canada as a Super Visa Visitor must prove that they meet the minimum necessary income to support the stay of the parent or grandparent. This can be proven by the child or grandchild submitting a Notice of Assessment or T4/T1 for the most recent tax year, employment letter including salary and date of hiring, pay stubs and bank statements.
Therefore, it is not required for the visitor (i.e. the parent or the grandparent) to present/show the funds upon entry into Canada (and furthermore, the child or grandchild does not need to provide any cash to demonstrate their income). For more information on the requirements for the Super Visa Visitor, click here.
Please let us know if you have further questions.
Sincerely, Your Settlement.Org team
Disclaimer: This document does not contain legal advice. This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer. |
3/21/2022
Topic:
Repsond Time for Newcomers Enrolment
Moderator
|
Hello,
Thanks for sharing your question with us. It is great that you are looking into this type of information before your arrival.
According to one of our Education Experts, it is possible to start school in the middle of the school year or semester. Students can start school at any time but starting in the middle of the school year or semester might make it difficult to get credits for the courses he or she is studying. In terms of credits, they generally apply more to higher grades like middle or high school grades. For your daughter, you may be interested in this Settlement.Org article on high school and course choices which shares a Parent Tip Sheet from People for Education. You may also find additional resources on Settlement.Org on Education helpful in supporting your children through elementary and secondary school.
You can find some additional information regarding enrolling children in school here, How do I enrol my child in school? In addition to the usual requirements, your children may be required to test for COVID-19 and/or quarantine for two weeks if you have travelled recently. Since you are in York region, you may want to contact the York District School Board about enrolling them in school. You should expect a response within the same week, if not you may want to call the office of the elementary school closest to you for assistance letting them know you haven't received a response from the Reception Centre.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Settlement.Org Team |
3/21/2022
Topic:
Name in marksheets
Moderator
|
Hi there Anjali,
Thank you for reaching out to us regarding this question.
Your application may ask for your maiden name, in which case, you can clarify this name change there. If not, I would reach out to the admissions office at the school you are applying to for more information about clarifying this name change in your transcripts.
I hope this advice is helpful.
Sincerely,
Your Settlement.Org team |
3/23/2022
Topic:
PR card app
Moderator
|
Hi there,
Thank you for reaching out to us!
It is best that you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to see if they have any information they can provide you.
You can contact them at:
1-888-242-2100 (In Canada Only)
You can also submit a case-specific enquiry: http://www.cic.gc.ca/english/contacts/web-form.asp
We hope this information is helpful.
Sincerely,
Your Settlement.Org team |
3/24/2022
Topic:
Visa for Marriage?
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
You can find some detailed information in our Settlement.Org articles How do I get married in Ontario? and Who can get married in Ontario?
Here is an excerpt,
To get married in Ontario, you do not have to be a Canadian citizen or live in Ontario. The first step to getting married in Ontario is to get a marriage license.
You can get married as a visitor in Ontario, but you may wish to consult a lawyer or immigration consultant regarding immigration and sponsorship pathways for your partner if you wish to live here. You may find helpful information in the Settlement.Org articles, How do I find a lawyer? and What other kinds of legal help can I get? on how to find a reputable and registered lawyer or immigration consultant.
It may also help to connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
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.
Sincerely,
Your Settlement.Org team |
3/25/2022
Topic:
Looking for a medical institution in Oakville
Moderator
|
Hi there,
Thank you for sharing your question and situation with us.
If you are in the process of looking for a family doctor, you may find helpful information on the Government of Ontario's website on finding a referral for a doctor near you, here is an excerpt:
Find a family doctor or nurse practitioner A family doctor or nurse practitioner is your primary health care provider – meaning they are the person you make an appointment with when you have a new, non-emergency health concern. You can learn more about their services below. Visits to a doctor or nurse practitioner are publicly funded – meaning you don’t have to pay. Here are two options to find a family doctor or nurse practitioner who is accepting new patients: Register with our Health Care Connect service and have a nurse find a doctor or nurse practitioner for you. Use The College of Physicians and Surgeons of Ontario’s Find a Doctor search. choose “Advanced Search” to find a doctor near you (by city/town or postal code) click on “Additional Search Options” to narrow your search (to family doctors and/or language spoken) contact the doctor to check if they are accepting new patients We hope this information is helpful, and wish you the best of luck with this search. If you have any additional questions, please feel free to follow up with us.
Sincerely,
Your Settlement.Org team |
3/25/2022
Topic:
Loss of basement and still pay the some cost
Moderator
|
Hello There,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation. You may want to contact the nearest Community Legal Clinic for some advice regarding your situation. You can find the nearest one by using this tool here. Steps to Justice also has a compiled list of programs and services for helping housing law that may be helpful.
If you do not qualify to receive services from a Community Legal Clinic, please contact the Landlord and Tenant Board directly. You can reach them toll free at 1-888-332-3234 or through their TTY Bell Relay Service at 1-800-855-0511.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |
3/25/2022
Topic:
Realistic Permanent Resident Wait Times?
Moderator
|
Hi Paul,
Thank you for reaching out to us, I apologize for the belated response.
Unfortunately, waiting times due to the pandemic circumstances have been affected. I have found that making a phone call to IRCC's client centre about case-specific information can help. You can contact them at 1-888-242-2100 (In Canada Only)
It may also be a good idea to connect with an immigration lawyer for support with your application if you need any advice. You can find helpful information on how to find a reputable and registered lawyer or immigration consultant in the Settlement.Org articles, How do I find a lawyer? and What other kinds of legal help can I get?. Or connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |
3/25/2022
Topic:
Land and Leave
Moderator
|
Hello there,
Thank you for sharing your question and situation with us.
You may also find helpful information in this thread on landing and leaving protocols,
Here is an excerpt:
There are some risks if you leave Canada on the same day of your CoPR landing and you should seriously consider changing your departing flight.
If you give Immigration, Refugees and Citizenship Canada (IRCC) an address in Canada, but you leave before the card is mailed to you, you can ask your family or friends who live at that address to send you the PR card. You will need your PR Card in order to re-enter Canada, and it should be noted that having it mailed to you outside of Canada is a significant risk.
If you arrive and do not give IRCC a Canadian mailing address (or you do not receive your PR Card), and you depart Canada, you will need to apply for a Travel Document (Permanent Resident Abroad) before you try to re-enter Canada. This application must be submitted to a Canadian visa office abroad and may take approx. 6-8 months to process.
This Travel Document can only be used once. Further, the Travel Document is issued at the discretion of the Visa Officer and they will consider the reason for your departure from Canada, the country you went to, etc.
Upon your entry to Canada at Pearson International Airport, the border services officer may notify you that you have been randomly selected for an arrival test. You will have your PR interview before getting the arrival test.
If you are randomly selected for a mandatory arrival test, you must quarantine and wait for the results at your final destination inside of Canada. More detailed information can be found here.
We hope that this general information is helpful and we recommend that you seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to obtain assistance about your particular circumstances.
You may also wish to use IRCC's address notification online service to provide your address to them. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice on the matter.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |
3/25/2022
Topic:
ODSP AND SPONSORING YOUR WIFE
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) Website in the Sponsor your spouse, common-law partner, conjugal partner or dependent child – Complete Guide (IMM 5289).
It states,
You can become a sponsor if you are:
[...]- able to prove that you are not receiving social assistance for reasons other than a disability, and;
You must also be able to show that you can provide basic needs for:
- yourself,
- your spouse or partner,
- your spouse or partner’s dependent child(ren) (if applicable)
- your dependent child(ren) (if you’re sponsoring only your dependent child).
Note: In most cases, there is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorships. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year. If you must meet LICO requirements, you must include a Financial Evaluation (IMM 1283) form with your application (see your checklist for more details). If you live in Quebec, you don’t have to submit this form to IRCC. See subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR) for more information.
So as you can see it states that you may be eligible to sponsor if you meet the eligibility requirements, including being able to prove that you are not receiving social assistance for reasons other than a disability. It may be helpful if you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to see if they can provide any additional information specific 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.
Sincerely,
Your Settlement.Org team |
3/25/2022
Topic:
Reevaluation
Moderator
|
Hello There,
Thank you for sharing your situation and question with us.
We appreciate that you would be interested in this type of information. We understand that the outcome of your report may cause concern.
It is best that you contact WES directly for information specific to your case. Be prepared with your WES reference number and call the (+1) 800-361-6106 or use their contact form.
For information about contacting WES, you may find the Settlement.Org discussion thread Problem With My WES Evaluation Report useful.
Here is an excerpt:
Submitting Application for Evaluations
For more information, visit Settlement.Org for articles on credential evaluation. If you have any additional questions, please feel free to post them here.
We 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.
Sincerely,
Your Settlement.Org Team |
3/28/2022
Topic:
PR card renewal earlier than 9 months expiry
Moderator
|
Hello,
Thank you for sharing your questions with us.
You would want to first determine whether your child will still satisfy the permanent residency obligations by leaving Canada for the stated time period. The obligations are outlined under section 28(2) of the Immigration and Refugee Protection Regulations, which are as follows:
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
- (i) physically present in Canada,
- (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
- (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
- (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
- (v) referred to in regulations providing for other means of compliance;
Please ensure that your child takes the required steps in order to satisfy the obligations on an ongoing basis in order to avoid losing the PR status. In answer to your question, the Immigration Canada’s website indicates that the application or renewal of PR card can be processed if:
- your card has expired or will expire in less than 9 months
- your card is lost, stolen, or destroyed
- you didn’t receive your card within 180 days of immigrating to Canada
- you need to update your card to:
- legally change your name
- change your citizenship
- change your gender designation
- correct your date of birth
Otherwise, they may not process your application. Therefore, if your child applies for renewal more than 9 months before the PR card is expired and if there is no other reason for getting another PR card, the application may not be processed.
When the PR card expires while your child is outside the Canada, your child may retain the PR status if your child continues to satisfy the permanent residency obligations. Immigration Canada’s website states that a traveller must possess either a valid PR Card or a Permanent Resident Travel Document (“PRTD”) for entering Canada. Airlines are required by the Government of Canada to ensure that each individual travelling to Canada presents a document approved for travel to Canada.
Please see the list of approved documents below as set out in Section 259 of the Immigration and Refugee Protection Regulations:
For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:
(a) a travel document referred to in subsection 31(3) of the Act [PR Travel document]; (b) refugee travel papers issued by the Minister; (c) a document referred to in subsection 50(1) or 52(1) [passport or refugee travel document]; (d) a temporary travel document referred to in section 151; (e) a visa referred to in section 6 or subsection 7(1); (f) a permanent resident card; and (g) an electronic travel authorization referred to in section 7.01 or 7.1.
Therefore, once your child is outside Canada and does not have a valid PR card, your child must have a PRTD if he or she travels back to Canada on a commercial carrier.
You may wish talk to a qualified immigration lawyer about this or contact Immigration, Refugees and Citizenship Canada (IRCC) directly to see if they have any information they can provide you.
Given the ongoing significant delays at Immigration Canada, unless the purpose of travel is mandatory, and/or you are willing to risk a longer processing time of the PRTD application, the most cautious path forward is to avoid travelling outside Canada until your child has all necessary documents.
Finally, we noted that Canada has implemented travel restrictions to reduce the spread of COVID-19 that you must comply with. Up to date restrictions can be found here: https://travel.gc.ca/travel-covid. We hope that the information we provided is helpful to you. We would also recommend you to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer: This document does not contain legal advice. This document was prepared with the assistance of PBSC Western law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer. |
3/30/2022
Topic:
Super Visa Visitor Funds
Moderator
|
Hello M, Thank you for sharing your questions with us! We are happy to provide a high-level answer to your question. The funds inputted in the IMM 5257e form, under “Details of Visit to Canada”, would have had to be verified through one of the methods stated in the previous answer (T4, Notice of Assessment, bank statement, verbal written statements of support, pay stubs, etc.) through the application process. Once approved and a temporary visa has been granted, those same documents need not be shown again upon entry. A verification of the accuracy of the information provided on the application is not routine procedure. It is not required to carry the sums noted in the application. The form asks what funds are available to support the applicant’s stay in Canada. The funds can remain in a bank account anywhere so long as the applicant has access. You can find more information on travelling into Canada with cash here. Please let us know if you have further questions. Sincerely, Your Settlement.Org team Disclaimer: This document does not contain legal advice. This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer. |
3/31/2022
Topic:
Address change- PR application in process
Moderator
|
Hi there,
Thank you for sharing your question and situation with us.
There are some delays to PR application processing times due to the pandemic even without the address change. You may wish to use IRCC's address notification online service to provide your address to them. We hope this information is helpful. If you have any additional questions, please feel free to post them here. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice on the matter.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |