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12/31/2023
Topic:
Directed to immigration office when arriving YYZ

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

You may want to contact IRCC directly, using their web form to request case-specific information and discuss this situation. It may also be useful to note that processing time does not include the wait time before they receive the application, and starts once they receive a completed application. You may also wish to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation.


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


Sincerely,


Your Settlement.Org Team
1/9/2024
Topic:
Major repair & temporarily moving out

Moderator
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 are correct, your landlord is responsible for maintaining the heat on their property. According to StepstoJustice's article, How much heat does my landlord have to provide?


No matter what type of heating equipment you have, your landlord must keep it working properly so it can keep your place warm enough. Usually this means at least 20°C from September to June.


[...]


If your landlord does not fix the problem, you can call your local property standards or by-law department, or your town or city hall, municipal office, or local councillor. Many cities, towns, and other municipalities have inspectors who can order your landlord to fix the heating problem. If an inspector makes an order, you should ask for a copy of it.



You may also find helpful information in their article, Can my landlord cut off electricity or other utilities? and their compiled list of Legal Services in Ontario for Repairs and Maintenance.



It may be best that you contact the nearest Community Legal Clinic for some advice regarding your situation. The Landlord and Tenant Board is also a good resource that can be reached at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board helps resolve 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
1/23/2024
Topic:
Short term leaving before I have received PR card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Here is an excerpt from the Immigration, Refugees and Citizenship Canada (IRCC) website:

“ You can work remotely for an employer outside Canada as long as you still meet the conditions of your study permit. This type of work doesn’t count towards your 20 hours per week off-campus work limit.”

In addition to the three points you mention, you can work remotely from Canada, so long as there are no Canadian clients.

“Extended periods” would be the amount of time an IRCC/CBSA officer permits you to work remotely from Canada, while you maintain your legal temporary status in Canada.

Please also note that any work you complete remotely while you are on a Study Permit in Canada cannot be counted towards any Permanent Resident application for Canada.

Further, it is worth noting that the Immigration, Refugees and Citizenship Canada (IRCC) website places these responsibilities on a study permit holder in order to maintain their eligibility:

“As a study permit holder, you must:

  • be enrolled at a designated learning institution (DLI), unless you’re exempt
  • show you’re actively pursuing your studies, unless you’re exempt, by
- being enrolled full-time or part-time during each academic semester (excluding regularly scheduled breaks)
- making progress towards completing your program’s courses, and
- not taking authorized leaves longer than 150 days from your study program
  • tell us any time you change post-secondary schools
  • end your studies if you no longer meet the requirements of being a student, and
  • leave Canada when your permit expires

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,


Sincerely,


Your Settlement.Org team

This document does not contain legal advice.
This document was prepared with the assistance of PBSC Universtiy 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.
1/26/2024
Topic:
Remote work & work permit

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Here is an excerpt from the Immigration, Refugees and Citizenship Canada (IRCC) website:

“ You can work remotely for an employer outside Canada as long as you still meet the conditions of your study permit. This type of work doesn’t count towards your 20 hours per week off-campus work limit.”

In addition to the three points you mention, you can work remotely from Canada, so long as there are no Canadian clients.

“Extended periods” would be the amount of time an IRCC/CBSA officer permits you to work remotely from Canada, while you maintain your legal temporary status in Canada.

Please also note that any work you complete remotely while you are on a Study Permit in Canada cannot be counted towards any Permanent Resident application for Canada.

Further, it is worth noting that the Immigration, Refugees and Citizenship Canada (IRCC) website places these responsibilities on a study permit holder in order to maintain their eligibility:

“As a study permit holder, you must:

  • be enrolled at a designated learning institution (DLI), unless you’re exempt
  • show you’re actively pursuing your studies, unless you’re exempt, by
- being enrolled full-time or part-time during each academic semester (excluding regularly scheduled breaks)
- making progress towards completing your program’s courses, and
- not taking authorized leaves longer than 150 days from your study program
  • tell us any time you change post-secondary schools
  • end your studies if you no longer meet the requirements of being a student, and
  • leave Canada when your permit expires

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

This document does not contain legal advice.
This document was prepared with the assistance of PBSC Universtiy 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.
1/31/2024
Topic:
Can I start my online business as Intn'l Student?

Moderator
Moderator
Hi there,

Thank you for sharing this question with us. We appreciate your interest in finding this information.

We recieved a similar question in the past with an answer you may find helpful in the thread, Can I be self-employed as an international student? Here is an excerpt:


Self-employment, such as running your own small business, would be considered as “off-campus work”. Starting and running your own small business as an international student, i.e., conducting off-campus work, is possible provided that you have the required authorization and meet all prerequisites.

First, the conditions of your study permit must authorize you to work off-campus during your studies.

An international student is eligible to work off campus without a work permit so long as they:
  • have an explicit authorization on their study permit authorizing them to work off campus;
  • are a full-time student at a designated learning institution (a school that is approved by provincial or territorial government to host international students); are enrolled in a post-secondary, academic, vocational, or professional training program OR a secondary-level vocational training program (Quebec only);
  • are enrolled in a study program that is at least 6 months long and leads to a degree, diploma, or certificate
  • have started studying and are actively engaged in pursuing their study program; and
  • have a Social Insurance Number.

  • If an international student is a part-time student at a designated learning institution, they can only work off campus if they (1) meet all the above requirements, except for the requirement to be studying on a full-time basis because (2) they are only studying part-time because they are in the last semester of their study program and do not need a full course load to complete the program. The international student must have been a full-time student in their program up until their last semester.

    If the study permit does not explicitly grant authorization to work off-campus and an international student met all the criteria at the time of the initial study permit application, they can ask to have this authorization added by applying to amend the terms of the study permit. There are no fees involved in submitting the application. However, if a student’s study program has changed and they are now eligible to work off-campus, then they must apply for a new study permit and fees will apply.

    Second, you must not work more than the authorized hours of work per week.

    During term time, international students can work off campus up to 20 hours a week and full-time during regularly scheduled breaks.

    However on October 7, 2022, Immigration, Refugees and Citizenship Canada announced that international students are authorized to work more than 20 hours per week during term time until December 31, 2023 if they hold a study permit that authorized them to work off-campus that was either (1) issued before October 7, 2022 or (2) was applied for before October 2022 and they met all the eligibility criteria to work off-campus noted above.

    Third, respecting and tracking compliance with employment authorization

    If you are working off campus as a self-employed individual, you are responsible for keeping track of the hours you work off campus and for proving that you are complying with the conditions of your study permit.

    Hours are calculated as any time you spend doing any of the following:
    • earning wages
    • being paid wages for performing a service or selling a product
    • collecting a commission for performing a service or selling a product
    Eligibility for a Post Graduate Work Permit (“PGWP”)

    Being self-employed should not affect your eligibility for a PGWP as long as you respected the terms of your off-campus work authorization and can submit documentary evidence as such if requested.




    You may also want to browse the Starting a Business section on Settlement.Org for information on where you can get help and what you need to know about licensing and regulations to start a business in Ontario.

    We hope this information is helpful, please follow up if you have any additional questions.

    Sincerely,

    Your Settlement.Org team
    1/31/2024
    Topic:
    Noise....

    Moderator
    Moderator
    Hi there,

    Thank you for sharing, we appreciate this advice and concern for this situation. It may be best to contact the nearest Community Legal Clinic for some additional information regarding what your rights are in this situation as a tenant. Steps to Justice also has a compiled list of programs and services for helping housing law that may be of interest to 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.



    Sincerely,


    Your Settlement.Org team
    1/31/2024
    Topic:
    Sponsoring Spouse from Afghanistan

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your question and situation with us.

    You can find some detailed information regarding the requirements for sponsorship in our Settlement.Org article, How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? article.

    For advice specific to your situation, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer. You may also find helpful information in the Settlement.Org articles, How do I find a lawyer? and What other kinds of legal help can I get? regarding this process. The Embassy of Canada to Afghanistan, in Kabul at the moment has temporarily suspended its operations. For emergency consular assistance, contact the Emergency Watch and Response Centre: by email: [email protected]. by phone: +1-613-996-8885.

    You can 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
    1/31/2024
    Topic:
    PR card renewal for my elderly mother

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your question and situation with us.


    According to IRCC, you must submit your application for PR renewal from within Canada, she can apply for renewal when she arrives. You can find more information on the process for PR card renewal on the IRCC website. Processing the application may take time, you may find it helpful to check processing times using the calculator on the IRCC website to estimate when she will recieve her PR card and able to travel with it again. If she finds herself in a position where he needs to travel and does not yet have his PR card, you may also find helpful information in the Settlement.Org article, I need to leave Canada but do not have my PR card yet. What should I do?

    You may also be interested in IRCC’s Physical Presence Calculator as a resource to help you calculate the physical presence requirement. The FAQ section has examples and scenarios that are particularly helpful.

    You may also find helpful information in our Settlement.Org article What are the residency requirements for permanent residents (PRs)?
    To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
    The 5-year period is assessed on a rolling basis. For PR renewal, Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from that date. You may also find helpful information on this matter in the previous discussion forum thread, When does the 5-year period begin?

    We hope this information is helpful. You may want to seek the advice a reputable and registered immigration consultant or an immigration lawyer for information specific to your situation. You may also wish to contact the local visa office or IRCC via web form for general information and advice regarding PR renewal.

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


    Sincerely,


    Your Settlement.Org Team
    1/31/2024
    Topic:
    PR card renewal for my elderly mother

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your question and situation with us.


    According to IRCC, you must submit your application for PR renewal from within Canada, she can apply for renewal when she arrives. You can find more information on the process for PR card renewal on the IRCC website. Processing the application may take time, you may find it helpful to check processing times using the calculator on the IRCC website to estimate when she will recieve her PR card and able to travel with it again. If she finds herself in a position where he needs to travel and does not yet have his PR card, you may also find helpful information in the Settlement.Org article, I need to leave Canada but do not have my PR card yet. What should I do?

    You may also be interested in IRCC’s Physical Presence Calculator as a resource to help you calculate the physical presence requirement. The FAQ section has examples and scenarios that are particularly helpful.

    You may also find helpful information in our Settlement.Org article What are the residency requirements for permanent residents (PRs)?
    To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
    The 5-year period is assessed on a rolling basis. For PR renewal, Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from that date. You may also find helpful information on this matter in the previous discussion forum thread, When does the 5-year period begin?

    We hope this information is helpful. You may want to seek the advice a reputable and registered immigration consultant or an immigration lawyer for information specific to your situation. You may also wish to contact the local visa office or IRCC via web form for general information and advice regarding PR renewal.

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


    Sincerely,


    Your Settlement.Org Team
    1/31/2024
    Topic:
    Bring funds into Canada after moving to Canada

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your question and situation with us.

    You may find helpful information in a similar question asked here on declaring funds. Here is an expert:
    One good way to transfer your pension savings into Canada is to have your original bank in your home country electronically transfer the funds to a new Canadian bank account bit by bit. This method allows you to gradually access your savings in Canada without running into issues with daily limits on e-transfers. After that, it is highly advisable that you contact an accountant, a free tax clinic, or a community agency with tax-related services, to determine the taxation on your pension savings accurately. They can also advise you about what taxes you might need to declare in the April of the year after you enter the country. Taxation is a very complex process, especially when it involves foreign assets, so it’s always best to seek professional help to avoid any errors.

    The taxes you pay in Canada depend on your tax residency status. Please note that “residency” for tax purposes is not the same as immigration status- some people who live only temporarily in Canada including foreign students or seasonal workers are considered “residents” who have to pay certain kinds of tax! Residents of Canada for tax purposes are people who have established significant residential ties in the country. It’s possible to establish these ties on the day of arrival in Canada, or later on. Residential ties include having a home in Canada, bringing a spouse/common-law partner or children to Canada, or owning substantial personal property in Canada such as a car. Other factors that might contribute to status as a Canadian resident for tax purposes include opening a Canadian bank account, earning a Canadian drivers’ licence, or membership in a Canadian social organisation (recreational or religious). More detailed information about tax residency qualifications can be found here. If you are unsure about your tax residency status once you arrive, you can ask the Canadian Revenue Agency (CRA) to tell you your tax status. This involves filling out and submitting an NR74 Determination of Residency Status (entering Canada) form.
    As you correctly noted, if you plan to bring into Canada financial assets (including stocks, bonds, or bank drafts) with values greater than $10,000 Canadian dollars, it is very important to declare the exact amount of each asset. Failure to declare the amount accurately, or forgetting to declare something could lead to seizure of the asset and financial penalties ranging from $250 to $5000 Canadian dollars. We do not recommend bringing cash into the country in amounts greater than $10,000 CAD.

    Whether you have to report money left in your bank back at home may depend on how much you have, how it is stored, and when/how you choose to transfer it to Canada, so we strongly advise that you seek assistance from a qualified accountant, advisor, or clinic to thoroughly explore your financial options. You should be aware that most foreign property worth more than $100,000 Canadian dollars (including international real estate, cash in a foreign bank account, or shares in an overseas company) will need to be reported annually through a T1135 Foreign Income Verification Form, with some exemptions. Please seek personalised assistance from a financial professional to determine how your foreign assets will be taxed once you reach Canada, what you need to report and what tax benefits you qualify for.
    We hope that the information we provided was helpful to you. Please let us know if you have any further questions.




    You may also find helpful information in the Settlement.Org articles How do I bring money into Canada (proof of funds)? and I am immigrating to Canada. How do I bring my belongings with me?.

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


    Sincerely,

    Your Settlement.Org Team
    1/31/2024
    Topic:
    ODSP Beneficiary Units for Spouses on Work Permits

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your situation and question with us.

    In cases for sponsored spouses, you can find detailed information on the policies and procedures regarding social assistance for sponsored people in the Ontario Works directive 3.11 for Sponsored Immigrants. It is still best that you consult a community legal clinic or a lawyer for advice about your particular situation.


    If you contact 211 and speak to a Community Resource Navigator, they may be able to refer you to community legal services in your area. 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 follow up with us.


    Sincerely,


    Your Settlement.Org team
    2/16/2024
    Topic:
    change in marital status on PR application

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your question and situation with us, we appreciate your interest in this information.

    All applicants are required to update Immigration Canada with any status change during their application process. So, if your status changed before going through the landing process, you are required to advise Immigration Canada and provide them with the update. Your application status changed when you became married to your spouse, so you did the right thing by submitting the webform.

    What does “status change” mean?
    A status change is when a person gets married, divorced, or has a child. A person’s status can also change if they have a new criminal charge or conviction that immigration is unaware of.

    Also, you did the right thing by not crossing into Canada. If you had come into Canada with the incorrect COPR, s. 117(9)(d) of the Immigration and Refugee Protection Regulations would apply. This means that your spouse would not be part of the application and could not be sponsored in the future.
    Since you advised IRCC that you are now married, you can have your spouse added to your application and she must be “examined”.


    What does “examined” mean?
    It means that your spouse has completed all of the necessary immigration forms, including police clearances, medical exam, etc. Then IRCC will complete the necessary background and security checks and will issue you both a new COPR, so long as everyone meets the requirements of the category.
    We recommend that your spouse complete the required application forms and submit them with the necessary supporting documents as soon as possible to the Consulate.

    We hope this information is helpful. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration issues for advice on your situation, and 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 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.
    2/23/2024
    Topic:
    PR card renewal

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    First and foremost, it appears that you’ve met your obligations thus far. According to the Immigration, Refugees and Citizenship Canada (IRCC) website,

    “You will only lose your PR status if

    • an officer determines you are no longer a PR after an inquiry or PRTD appeal following a refusal
    • you voluntarily renounce your PR status
    • a removal order made against you comes into force”

    In other words, so long as a CBSA officer did not revoke your PR status upon investigation when you entered through the border in January of 2022, your PR status should still be valid.

    If you have been in Canada for a total for at least 730 days during the last five years, you should be eligible for a new PR card. Given the fact that you mailed your paper application on January 24, so long as your entry into Canada was before January 24 of 2022, you should have met this requirement.

    There is no official timeline for how long an AOR can take. However, judging from recent wait times, it appears to be completely normal for an AOR to take several months (as long as five to six at times). It is normal to not hear anything in the interim. An AOR will be sent to you before the sending of a PR card. You will not be able to link your application to the IRCC portal before the receipt of the AOR since the AOR marks the time in which the IRCC receives your application. Also keep in mind that if any part of your application was incomplete, it will be sent back without an AOR.

    We hope this information is helpful. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration issues for advice on your situation, and 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.
    2/29/2024
    Topic:
    from Ukraine looking for study English and Work

    Moderator
    Moderator
    alexcray wrote:

    Hello, my name is Mykyta. I am looking for help for my mother who come from Ukraine and left everything there. She just got approved with work visa.
    I would like to know if Kingston has a place where she can start learning English?
    Does she need to complete a medical exam, within 90 days?
    Can you help to find work that does not require English for now?
    Thank you.



    Hi there,

    Thank you for sharing this information and your situation with us.

    In addition to the information above, you can find ESL classes in Toronto and in Kingston using the Services Near Me tool on Settlement.Org. You may also want to look through Settlement.Org articles on job listings to help you find work. You may also wish to seek the support of an employment counsellor for help with your mom find jobs in her area of interest.

    A number of settlement services are providing intake appointments online and over the phone to support clients remotely. You may want to connect with a settlement agency that provides employment services using our Services Near Me section. Settlement agencies can also help you find financial assistance options.

    It may 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.

    Regarding your question about medical exams, here is an excerpt from IRCC's help centre:
    You may need a medical exam to get a work permit if any of these situations apply to you:
  • You wish to work in any job where it is important to protect public health, such as
    • health services
    • child care or
    • primary or secondary education
  • You’ll work in an agricultural job, and you have lived in a designated country or territory.
  • You want to work in Canada for more than 6 months, and you lived in a designated country or territory for 6 consecutive months during the year right before the date you intend to enter Canada.
  • If you need a medical exam, an officer will tell you so and send you instructions on how to proceed. The officer’s decision is based on the type of job you will have and where you lived in the past year.
    Open work permit holdersAn officer may not know if you need a medical exam. You should get a medical exam from a panel physician if any of the 3 situations above apply to you.

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

    Sincerely,
    Settlement.Org Team
    2/29/2024
    Topic:
    Refugee claim with no medical letter

    Moderator
    Moderator
    Hi there,

    Thank you for sharing your question and situation with us. We appreciate your interest in this information. PBSC student volunteers are drafting a response with legal information that should be helpful. If you require immediate or 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.

    Sincerely,

    Your Settlement.Org team