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3/31/2023
Topic:
N12 - How many times can landlord withdraw?

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It is best that you contact a community legal clinic for some advice regarding your situation. You may also wish to call the Landlord and Tenant Board at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board resolves disputes between residential landlords and tenants. We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,


Your Settlement.Org Team
3/31/2023
Topic:
Can I change information on birth certificate?

Moderator
Moderator
Hi there,

Thank you for contributing to this discussion, information on replacing a birth certificate can be found on the ServiceOntario website as well. It may still be helpful to contact Service Ontario at 1-800-461-2156 for information specific to the situation at hand. We hope this information is helpful, please follow up with us if you have any further questions.


Sincerely,


Your Settlement.Org team



3/31/2023
Topic:
WES terrible customer service and no help

Moderator
Moderator
Hi there,

Thank you for sharing your experience and situation with on the discussion forum. It may be a good idea to follow the steps above and contact WES directly with your case number. In addition to the tips above, you may also be considering making a consumer complaint with the Better Business Bureau. You can find more information on this process in the Settlement.Org article, How do I make a consumer complaint?

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org team
3/31/2023
Topic:
Driver's license

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.

Ontario has licence exchange agreements with certain provinces, states, and countries. You can exchange an out-of-province licence for an Ontario licence, if you are re-locating from any Canadian province or territory. To exchange your licence for an Ontario driver’s licence, you need to apply in-person at a DriveTest centre. You can find some detailed information in our Settlement.Org I have a driver's licence from another province in Canada. How do I get an Ontario driver's licence? article.

You can also find some detailed information on the DriveTest website in the Licences for Out-of-Province and Out-of-Country Drivers section. You may also want to contact the DriveTest centre directly at: 1-800-489-8450 for more specific information. Live operators are available on Monday to Friday, from 8:30 a.m. to 5:00 p.m.

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
3/31/2023
Topic:
Sponsored Parents - find a place to live

Moderator
Moderator
Hi there,


It is best that you connect with housing assistance services near you. Community agencies that provide housing assistance services will be able to support you in finding suitable accommodation for the short-term and long-term.

You may also find helpful information in the Settlement.Org articles, How can I look for rental housing?, Information for Ukrainian Nationals coming Canada and How can I apply for subsidized housing?.

If you are looking for help or would like information about services near you, you may want to dial 211 on a phone and speak to an Information and Referral Specialist to see if they can provide some information regarding services and options in your area. For 211 service in languages other than French and English, please call the 211 telephone service 24 hours a day, 7 days a week. Online chat is available in English and French at https://211ontario.ca/chat/ from Monday to Friday from 7am to 9pm.

If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Settlement.Org Team
3/31/2023
Topic:
Can we return to Canada with an expired card?

Moderator
Moderator
Hello There,

Thank you for sharing your situation and question with us.

Your brother will still need to provide travel documentation to enter Canada. Based on information on the IRCC website, if you leave Canada with an expired PR card, you will likely need to apply for a Permanent Resident Travel Document to return to Canada. Starting this process will also start the process to determine whether or not he has lost his PR status. A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.

In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

The 5-year period is assessed on a rolling basis. This means that Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from the date that they receive your application.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"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.).


It is worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer about travelling back to Canada without a valid PR card and sponsoring children to also come to Canada. The article, How do I sponsor a spouse, common-law, or conjugal partner or dependent child while living outside of Canada, might be particularly helpful in your case. Your brother can apply for sponsorship while living abroad if he meets the eligibility criteria outlined in the article.

IRCC may take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada. However, this is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get more details about your specific application and what kind of supporting documents this may require.


We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,

Your Settlement.Org Team
3/31/2023
Topic:
Super Visa Visitor Funds

Moderator
Moderator
Unite_me wrote:


Hi

I m a person on disability, and I have sponsored my husband before, but due to my bipolar, I did some things I can not take back. Because of my actions, my kids and I suffered. My kids needed their father, as I needed my husband. I didn't know I could sponsor him on disability., I just found that out a few days ago. Before, iv asked a couple who told me I couldn't if I was on disability. There is finally hope. But what are the rules around being sponsored once and cancelling?



Hello there,

Thank you for sharing your situation and question with us. We can appreciate that you would be interested in finding some information related to this.

In terms of whether or not you are eligible to sponsor someone while receiving social assistance, you are not eligible to sponsor anyone to come to Canada, not even your children, while you are receiving regular welfare/social assistance benefits.

However, if you receive disability benefits or ODSP, you can apply to sponsor eligible family members, such as a spouse. The application process can be found in our Settlement.Org Sponsorship section. You may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some additional information.

You may also wish to connect with an immigration lawyer or consultant for advice regarding your situation and help with your application. It may also help to connect with a community resource navigator at 211 to narrow your search for community legal clinics that provide this service.

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
3/31/2023
Topic:
Online Application submission issue: PR Card renew

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It is best that you contact IRCC directly for this information. The IRCC Client Support Centre can provide information specific to your application, you can reach them by phone (1-888-242-2100) or use their web form. If you require any further assistance, it may also be helpful to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation. To find a community legal clinic in your area, visit Services Near Me.

We hope this information is helpful. Please follow up with us if you have any further questions.

Sincerely,

Your Settlement.Org team
3/31/2023
Topic:
Online Application submission issue: PR Card renew

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It is best that you contact IRCC directly for this information. The IRCC Client Support Centre can provide information specific to your application, you can reach them by phone (1-888-242-2100) or use their web form. If you require any further assistance, it may also be helpful to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation. To find a community legal clinic in your area, visit Services Near Me.

We hope this information is helpful. Please follow up with us if you have any further questions.

Sincerely,

Your Settlement.Org team
3/31/2023
Topic:
Online Application submission issue: PR Card renew

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It is best that you contact IRCC directly for this information. The IRCC Client Support Centre can provide information specific to your application, you can reach them by phone (1-888-242-2100) or use their web form. If you require any further assistance, it may also be helpful to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation. To find a community legal clinic in your area, visit Services Near Me.

We hope this information is helpful. Please follow up with us if you have any further questions.

Sincerely,

Your Settlement.Org team
3/31/2023
Topic:
730 days in Canada for PR extension?

Moderator
Moderator
Hello There,

Thank you for sharing your situation and question with us.

Whether or not you will be granted entry will be up to the CBSA officer. “There are a number of reasons you can be found inadmissible, denied a visa or refused entry to Canada.”

Whether or not this poses a barrier for entry would be under the discretion of the border officer. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years. You may also find helpful information on this matter in the previous discussion forum thread, When does the 5-year period begin?


In terms of the process when entering and re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"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.).


It is also worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer about travelling back to Canada without a valid PR card.

We hope this information is helpful. If you have any additional questions, please feel free to post them here. You may also want to contact the local visa office or IRCC via web form to get more details about your specific application and what kind of supporting documents you may require.

Sincerely,

Your Settlement.Org Team
4/4/2023
Topic:
Sponsoring my nephew and niece

Moderator
Moderator
Hi there,

Thank you for your question.

Please note the following answer is based upon the assumption that the children in question are residents of a Hague Convention country. The Hague Convention reinforces the UN Convention on the Rights of the Child and seeks to ensure that intercountry adoptions are in the child’s best interests. It seeks to uphold the child’s fundamental human rights and prevent the abduction, sale, or trafficking of children. You can find the list of Hague Convention countries here: https://www.hcch.net/en/states/hcch-members.

Further, the information provided here is relevant for individuals residing in the Ontario province.

Intercountry, or international adoption, requires two separate processes; the adoption process and the immigration or citizenship process.

The Adoption Process
The rules and processes for adopting a child under 18 are the same whether the child is a family member. The same rules and processes apply even if you are a citizen or resident of the same country as the children if you wish to bring them to Canada.

To be eligible to adopt a child internationally, you must meet the adoption requirements in the country where you live (i.e., Canada) and the adoption authority of the country where the child lives. To begin this process, you can contact the Ministry of Children, Community, and Social Services in Ontario (the “Ministry”), which will provide more information based on your circumstances. You can find the contact information for the Ministry here: https://www.ontario.ca/page/ministry-children-community-and-social-services.

After you contact the Ministry and clarify that you can meet the adoption requirements for your particular circumstances, you can begin the adoption process. International adoptions, including for relatives, must likely be facilitated through an international adoption agency licensed by the province of Ontario. You can find a list of the licensed agencies and individuals for private international adoptions here:
https://www.ontario.ca/page/licensed-agencies-and-individuals-private-adoptions#section-1.

A licensed international adoption agency will help you facilitate and complete the adoption process. These necessary services typically cost between $20,000-$70,000. One of these agencies will help you complete several requirements that must be met before you leave Ontario to visit the child’s home country to complete the adoption process. The Ministry or one of the licensed international adoption agencies listed above can further explain the details of these requirements. For your reference, they are the following steps;
  • 1) Work directly with a provincially accredited adoption practitioner;
  • 2) Work directly with an adoption agency that is licensed to facilitate adoptions in the country where you are seeking to adopt the child from;
  • 3) Complete an adoption homestudy assessment conducted by a provincially-approved adoption practitioner involving a mandatory parent training program, Parent Resources for Information Development and Education (PRIDE);
  • 4) Obtain approval from the Ministry confirming your preliminary eligibility to adopt based on your adoption homestudy; and
  • 5) Obtain final approval from the Ministry once the adoption in the child’s home country has been completed.
The Immigration or Citizenship Process
Once the adoption has been finalized in the child’s home country, the local Canadian Embassy will be able to issue a decision about the child’s status in Canada. You must wait for this decision until the child can travel to Canada.
Several other requirements are involved in this stage of the process, the most notable of which is the parent-child relationship. In cases where a minor is adopted, the adoption must create a genuine parent-child relationship. In determining whether this genuine relationship has been established, officers will look at the following factors;

  • “Whether the adoption completely severs the adopted child’s former legal ties with their biological parents and creates a new legal parent-child relationship;
  • The authenticity of the parent-child relationship, the establishment of which is the primary purpose of an adoption (an adoption must not be a means for the child to gain admission to Canada); and
  • Whether the adoption is in accordance with the laws of the place where the adoption took place and the laws of the place of residence of the adoptive parents.”
Finally, you will be required to initiate the immigration or citizenship process for the child. Which process you choose will depend on whichever is best for your situation after completing the homestudy. Only licensed individuals, lawyers or RCIC consultants can assist with the citizenship or immigration process. The professional you choose to help you with this step of the process will be best able to provide recommendations based on your particular circumstances.

You can contact the Ministry at +1 (416) 325-5225 for any further clarification.

Please see a list of resources on international adoption requirements and processes in Ontario:

The Ministry of Children, Community, and Social Services
https://www.ontario.ca/page/ministry-children-community-and-social-services


The Government of Canada
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad.html https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1183

Centralized Adoption Intake: Ontario’s Adoption Information Services https://adoption.on.ca/ci/

We hope that the information we provided was helpful to you. Please let us know if you have any further questions.


Sincerely,

Your Settlement.Org team

Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC University of Toronto 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.
4/11/2023
Topic:
Consequences of submitting IMM5782

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It may be best to consult a reputable and registered immigration consultant or an immigration lawyer for advice in this situation. To find a community legal clinic in your area, visit Services Near Me. The Settlement.Org article, Should I get help with my immigration application from an immigration consultant or lawyer? may provide information on the type of help and advice you can receive from a 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.

We hope this information is helpful.


Sincerely,


Your Settlement.Org team
4/14/2023
Topic:
Accidentally worked more than 20 hours

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It may be best to consult a reputable and registered immigration consultant or an immigration lawyer for advice specific to your situation. To find a community legal clinic in your area, visit Services Near Me. You may also find a comprehensive list of free to low cost legal services in Immigration law on StepstoJustice.ca.


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.


We hope this information is helpful.


Sincerely,


Your Settlement.Org team
4/14/2023
Topic:
Query regarding PR Card dispatch

Moderator
Moderator
Hi there,


Thank you for sharing your question and situation with us.

We spoke to a representative at IRCC who confirmed that you must be physically present in Canada to submit your application for PR renewal. The card will need to be mailed to a Canadian address; this can also be a family address but it must be a residential address.

Are you eligible?
To be eligible for a PR Card, you must:
  • be a permanent resident of Canada;
  • be physically present in Canada;
  • meet the residency requirement (see Appendix A – Residency obligation);
  • not be under an effective removal order;
  • not be a Canadian citizen; and
  • not be convicted of an offense related to the misuse of a PR Card
Permanent Residents outside of Canada
If you are outside Canada and do not have a valid PR Card to return, you must get a Permanent Resident Travel Document from a Visa Application Centre or a Canadian visa office.
It may be best to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation. To find a community legal clinic in your area, visit Services Near Me.

For further reading, you may also find helpful information in the Settlement.Org articles, What are the residency requirements for permanent residents (PRs)?, Should I get help with my immigration application from an immigration consultant or lawyer? and Frequently Asked Questions about the Permanent Resident Card.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,


Your Settlement.Org Team