2/29/2024
Topic:
PR card renewal: Days absent from Canada
Moderator
|
Hi there,
Thank you for sharing this question and situation with us.
For PR renewal, Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from the date they receive your application. You may also find helpful information on this matter in the previous discussion forum thread, When does the 5-year period begin? 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.
It is worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to contact IRCC directly, using their web form to request case-specific information and discuss your application. 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. If you have been in the country for 730 days or more, it is highly unlikely that you have been outside of the country for more than 1095 days in the past 5 years and this may be a calculation error. I would suggest contacting IRCC directly and looking over your dates.
You may also wish to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation.
If you find yourself in a position where you need to travel and do not yet have your 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?
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |
2/29/2024
Topic:
Suggestion for Ontario or Alberta
Moderator
|
Hi there,
Thank you for sharing your question with us, we hope that the community can share their experiences with you in either province. You may find the exploring immigration programs tool on IRCC's website helpful, in addition to the Settlement.Org article How can I apply to immigrate to Ontario?
We hope this information is helpful and wish you the best of luck on your search.
Sincerely,
Your Settlement.Org team |
2/29/2024
Topic:
PR card renewal
Moderator
|
wassupp wrote:
Hey, Thank you so much for this information.
After I entered Canada I applied for a verification of status documents and everything went smoothly. Also, in regards to my previous question I was able to connect my application yesterday through IRCC. It says in process so hopefully it doesn’t take much longer.
Thank you for updating us, we're glad to hear the information was helpful and that you were able to reach IRCC. We wish you all the best in your application!
Sincerely,
Your Settlement.Org team |
2/29/2024
Topic:
PR card renewal
Moderator
|
nirlep wrote:
Hi all,
I am applying for PR renewal and I was informed that one has to meet a minimum requirement of staying inside Canada for 730 days. I do meet this requirement. I first landed in Canada on Jan 13, 2019.
However, as I started filling the form, it asked for my days outside Canada, which turn out to be 1128 days, and one needs to be outside Canada for less than 1095 days. The days are calculated from 5 years back from today. My PR expires in 2 days.
Did someone have same problem while filing the renewal, what am I missing/miscalculating here? I am confused.
Hi there,
Thank you for sharing this question and situation with us.
For PR renewal, Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from the date they receive your application. You may also find helpful information on this matter in the previous discussion forum thread, When does the 5-year period begin? 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.
It is worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to contact IRCC directly, using their web form to request case-specific information and discuss your application. 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. If you have been in the country for 730 days or more, it is highly unlikely that you have been outside of the country for more than 1095 days in the past 5 years and this may be a calculation error. I would suggest contacting IRCC directly and looking over your dates.
You may also wish to seek the advice of a reputable and registered immigration consultant or an immigration lawyer about your situation.
If you find yourself in a position where you need to travel and do not yet have your 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?
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |
2/29/2024
Topic:
Sponsoring Spouse
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 |
3/1/2024
Topic:
Enroll Kids in Kindergarten
Moderator
|
Hi there,
Thank you for sharing, at 4 years old your child would meet the age requirement for Kindergarten, although it may be a good idea to call the school board and confirm.
It is also important to note that the Ontario Education Act explicitly states that no child can be denied access to schools because they, or their parent(s), lack immigration status in Canada.
This means that immigration status will not be considered a factor to their enrolment in public schools.
Many settlement agencies can help you with registering your child for school. If you need assistance enrolling your child, you can ask your settlement worker or the school's settlement worker for help. They can also help you find an interpreter if you need one.
Please follow up with us if you have any further questions.
Sincerely,
Your Settlement.Org team |
3/4/2024
Topic:
Sponsoring Spouse
Moderator
|
Thank you for reaching out! You should receive a response within the next few weeks from the student, we will reply here in this thread with their response. In the meantime, it may be a good idea 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. You may also find helpful information on sponsorship pathways on Settlement.Org and StepstoJustice.ca. I hope this information is helpful and wish you the best of luck.
Sincerely,
Your Settlement.Org team |
3/5/2024
Topic:
PR card renewal: Days absent from Canada
Moderator
|
Hi Nirlep,
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. As a permanent resident who has met their PR requirements, you should be able to apply for a PRTD to re-enter Canada. The typical PRTD validity time is six months from the date of issue, and you will want to consider applying for the PRTD in advance to your planned return to also account for processing time.
It is also worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, but you may want to speak to a reputable and registered immigration consultant or an immigration lawyer for advice 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 for case-specific information.
Sincerely,
Your Settlement.Org Team |
3/12/2024
Topic:
Sponsoring Grandchildren
Moderator
|
Hi there,
Thank you for sharing your question and situation with us, we appreciate your interest in this information.
A person is Canadian citizen in the following instances:
1) if they are born in Canada.
OR
2) They are a permanent resident who applied for and met the physical presence requirement for citizenship, along with the application forms and other supporting documents and through that process, they are ultimately granted citizenship. This is often referred to as a naturalized citizen.
OR
3) The person is child born outside of Canada to a Canadian citizen parent (whether that Canadian was born in Canada or was a naturalized citizen) is a Canadian citizen. This is often referred to as a “first generation born abroad” citizen.
OR
4) At the moment, if a first generation born abroad Canadian citizen has a child outside of Canada (“second generation born abroad: citizen), they are considered to be a Canadian citizen. It is IMPORTANT to note that the rule about second generation born abroad people obtaining Canadian citizenship status is currently under review.
SECOND GENERATION BORN ABROAD CANADIAN CITIZEN: In December 2023, the Ontario Superior Court found that the “second generation rule” which prohibited “first generation born abroad citizens from passing their Canadian citizenship to the second generation born abroad children, was in conflict with sections 6 and 15 of the Charter. The Court gave the Government 6 months to review and amend the Citizenship Act. Under Bill S-245, which is about to undergo its third reading before the House of Commons later this year, in 2024, it outlines the additional details and requirements that a “second generation born abroad” person would need to meet in order to be granted Canadian Citizenship. We anticipate that this new law will pass, but only time will tell.
What does this mean for your case?
If your daughter was born in Canada or is a naturalized citizen and gave birth to your grandchildren abroad, they are (first generation) Canadians and will not need to apply for citizenship status. They will only need to apply for a certificate of citizenship, which provides evidence that they are indeed a Canadian citizen: Apply for, replace or update a Canadian citizenship certificate
However, if your daughter was born outside of Canada, that would make your grandchildren second generation, and we would urge you to apply for a certificate of Canadian citizenship immediately for them to see what happens, due to the changing laws around this area. Once Bill S-245 is passed in early summer or fall of 2024, there may be additional provisions to be met.
If your family situation does not meet any of the situations noted above, then their mother may be able to sponsor the children for permanent residence status in Canada so that they may eventually become citizens. For additional details please see: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/apply.html
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.
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3/15/2024
Topic:
got AOR/reference number, what next?
Moderator
|
Hi there,
Thank you for sharing your question and situation with us.
If the principal applicant hasn't received information from IRCC, it is best that you contact them directly with your reference number in hand to clarify why this might be the case. For information specific to your situation or advice on how to proceed with an application, you can contact IRCC via web form or by telephone: 1-888-242-2100 (in Canada only).
In terms of next steps, you may find helpful information in the After You Apply section of IRCC's Guide on Sponsor your spouse, partner or child. You can make an appointment to give your biometrics. IRCC recommends that you book your biometrics collection appointment as soon as you can to avoid processing delays.
We hope this information is helpful, please follow up with us if you have any further questions.
Sincerely,
Your Settlement.Org team |
3/15/2024
Topic:
CONTENTS
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.
According to StepstoJustice, If you have a problem with cockroaches, bedbugs, mice, or other pests, your landlord must take steps to get rid of them and to stop them from getting in. This is a normal part of the maintenance that landlords must do.
As a tenant in Ontario, you have legal rights. These rights are explained in the Human Rights Code and the Residential Tenancies Act. You may find the article, What are my rights as a tenant? helpful.
You may also find helpful information in the StepstoJustice article, I have mobility issues, does my landlord have to make adjustments to the rental unit for me? Here is an excerpt:
Ontario's Human Rights Code says that if you have a disability, your landlord must try to accommodate you. This means the landlord must make adjustments so that you can use and access your apartment and your building. For example, your landlord may have to:
- install a ramp or hand rails to make it easier for you to use the building
- widen a doorway so your wheelchair fits
- renovate your bathroom or kitchen so you can use them properly
The landlord may also need to change their policies if your mobility disability makes it difficult for you to follow the policies. For example, your landlord may have a policy that says rental payments must be made in the office on the 3rd floor, but the building has no elevator. The landlord may have to accommodate your mobility disability by allowing you to pay your rent another way.
Connecting with a community legal clinic should help you with this advocacy effort, 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 |
3/20/2024
Topic:
Interest on Last Month's Rest
Moderator
|
sunstation2004 wrote:
Hey All!
I recently read online that landlords owe their tenants interest on their last month's rent every year. Is this true?
My friend's landlord has not paid her interest and has now asked her to pay the difference between her initial payment and her rent currently. Is this okay? Or is her landlord scamming her?
I had never heard about any of this and I just want to look out for her.
Thanks!
Hi there,
Thank you for sharing your question and situation with us.
You may find helpful information in this StepstoJustice article on getting your deposit back:
How to get your deposit backThe easiest way to get your rent deposit back is to use it to pay for the last rent period before you move out. You can tell your landlord to use your deposit, plus any interest your landlord owes you, for that final rent payment. If it's not enough, you can pay the difference. To get your key deposit back, ask for it when you hand in all your keys and entry devices to your landlord.
Make sure that you get something in writing from your landlord confirming you gave back all the keys. You'll want this proof if your landlord refuses to return your key deposit.
According to StepstoJustice, Do I have to pay a deposit when I rent a new place?
Interest on depositsEach year, the landlord must pay you interest on your deposits. Interest is extra money to make up for the fact that you can't use your money because the landlord is holding it as a deposit. The interest rate is equal to the guideline rent increase for the year in which the interest payment is due. For example, if you paid a last months' rent deposit on August 1, 2016, the landlord must have paid you interest on August 1, 2017. The rent guideline for 2017 was 1.5%, so the landlord owed you 1.5% interest on your deposit. A year after that, the landlord must have paid you 1.8% interest, because the rent guideline for 2018 was 1.8%.
Your landlord pays the interest by giving it to you or by adding it to your deposit. If they do not do this, you can deduct it from your next rent payment or apply to the Landlord and Tenant Board (LTB) to make them pay it.
You and your friend may want to contact the Landlord and Tenant Board for general information about landlord and tenant issues at 1(888)332-3234. You may also 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 in housing law that may be helpful.
If you have any additional questions, please feel free to post them here.
We hope this information is helpful.
Sincerely,
Your Settlement.Org team |
3/31/2024
Topic:
Sponsored parents PR renewal - Taxes not filed
Moderator
|
Hi there,
Thank you for sharing your question and situation with us.
In this situation, it is best that you contact the Canada Revenue Agency directly. You can contact them using this phone number: 1-800-387-1193 (Canada and United States) or through their online chat.
You may find helpful information in the following thread, here: Newcomer leaving & returning to Canada-notification? - Questions about Permanent Residency
You may also find helpful information in the Settlement.Org article, Do I have to file a tax return? Here is an excerpt: Canadian residency for tax purposes is not the same as residency for immigration purposes. What if I am outside of Canada? According to Canada Revenue Agency (CRA), the most important factor in determining your residency in Canada for tax purposes is whether or not you maintain residential ties with Canada while you are abroad. If you maintain residential ties in Canada, you may still be considered a Canadian resident for tax purposes. In this case, you have to pay Canadian income tax on your worldwide income.
The guides in this article would support you in determining residency status for tax purposes (which are different from residency for PR status). It may also be helpful to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation and help with your application.
If you have any additional questions, please feel free to post them here.
We hope this information is helpful.
Sincerely, Your Settlement.Org Team |
3/31/2024
Topic:
Personal Belongings to Canada
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 |
3/31/2024
Topic:
Assessment to admit in high school
Moderator
|
Hello There,
Thank you for sharing your situation and question with us.
You may find some helpful information regarding what you'll need to enrol your child in school here: How do I enrol my child in school? and Which grade will my child enter when we move to Ontario? Some documents, if not provided in either of Canada's official languages (English or French) will need to be translated to ensure that administration can understand and process them.
School administration offices are typically open all year, Ontario has 4 free public schooling systems, and attendance in public school will be determined by home address. Once you determine the school district you will live in, it is best that you call the administration office for information about their registration process and the documentation required.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team |