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1/23/2015
Topic:
How can I Find/Get a Start-Up or Survival Job?

Moderator
Moderator
Hello,

Thank you for sharing your comments and feedback.

For clarification, the moderator is not suggesting these jobs to newcomers.

Instead, stating

There are some "typical" survival jobs.


What this statement means is that in some cases, the jobs mentioned, are jobs that may be jobs that many may get when first arriving. They may accept these positions in order to make ends meet or pay their bills until they can get a position in their desired field.

We are not suggesting anyone should or shouldn't take these positions.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/26/2015
Topic:
Child to be Born before Landing

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We just need some clarification regarding your inquiry.

You mentioned that you are sponsoring your husband and child. Are you a Permanent Resident or a Canadian Citizen?

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
Citizenship Timeline

Moderator
Moderator
Writing this as a Canadian Citizen.

Took my Oath on Dec. 12. Everything went smoothly as described in the video in this page http://www.cic.gc.ca/english/citizenship/cit-ceremony.asp

Just went there with my Passport, PR Card, Driving Licence and Health Card. They only asked for my PR Card.

Went in at 1:00 PM and came out with the Citizenship Certificate at 2:40 PM and a very proud feeling.

Rajat


Jan.5, 2015 - Got my Canadian Passport.

Rajat


Yaayy!!

That is awesome Rajat.

Congratulations!

Thank you especially for sharing your timeline and each step. It is so helpful for us and for others.

Thanks again!

Anna
=====

Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
Undeclared Son - Options?

Moderator
Moderator
Hello Phen,

Thank you for sharing your situation with us.

This is a very complicated situation.

Unfortunately, there are serious consequences for not declaring a non-accompanying member of the family class.

Page 11 (5.10 and 5.11) of the Overseas Processing Manual – Processing Members of the Family Class states the following:

Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5 below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.

All family members, whether accompanying the principal applicant or not, are required to be examined unless an officer decides otherwise. Normally, an inadmissible family member, whether accompanying or not, would render the principal applicant inadmissible.


The most important statement here is: "Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies."

R117(9)(d) states that “A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.”

It is important that you or your husband contact a lawyer who is familiar with Canadian immigration applications and laws for some information and clarification regarding this situation.

Before contacting a lawyer, you may also want to try and contact the Citizenship and Immigration Canada (CIC) Call Centre directly to see if they can help you by providing some additional information and clarification regarding this situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
PR Card Renewal - Secondary Review

Moderator
Moderator
Hello RS,

Thank you for sharing your situation and question with us. We can appreciate that you would be concerned after waiting for 4 months already.

Unfortunately, we do not have any information regarding how long this process will take. We hope that others can share their experiences and comments with you.

We hope that someone will share their own timeline or ideas with you.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
CCTB Eligibility for Daughter

Moderator
Moderator
Hello J.C.P,

Thank you for sharing your situation and question with us.

Regarding benefits such as the Canadian Child Tax Benefit (CCTB), you can find some detailed information in our Settlement.Org How do I apply for the CCTB? article.

Regarding whether or not she is eligible, you can find some additional information on the Canada Revenue Agency (CRA) website.

Here is an excerpt,

To get the CCTB, you must meet all of the following conditions:

-You must live with the child, and the child must be under 18 years of age.
-You must be the person primarily responsible for the care and upbringing of the child.

Note:
If a child does not live with you all the time, see Do you share custody of a child?.

You must be a resident of Canada for tax purposes. We consider you to be a resident of Canada when you establish sufficient residential ties in Canada. For more information, see Income Tax Folio S5-F1-C1, Determining an Individual's Residence Status.

You or your spouse or common-law partner must be:

-a Canadian citizen;
-a permanent resident (as defined in the Immigration and Refugee Protection Act);
-a protected person (as defined in the Immigration and Refugee Protection Act); or
-a temporary resident (as defined in the Immigration and Refugee Protection Act) who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month other than one that states "does not confer status" or "does not confer temporary resident status." If this is your situation, do not apply before the 19th month.


Your daughter's father may also want to contact the Canada Revenue Agency (CRA) directly for some more information related specifically to this situation at 1-800-387-1193.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
Question about ODSP

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information in the Ontario Disability Support Program - Income Support Directives - Section 2.3 - Spouse from the Ministry of Community and Social Services website.

Here are some excerpts from the Ontario Disability Support Program - Income Support Directives - Section 2.3 - Spouse,

Determination of Eligibility

An applicant or recipient is eligible to receive income support as a single person or sole-support parent, unless he/she resides with another person who is determined to be his/her spouse.

Where an applicant or recipient is ineligible as a single person or sole-support parent because he/she has a spouse, the applicant or recipient and the person who is the spouse may apply for income support as a couple.

ODSP applicants and recipients continue to have the option of self-declaring someone as a spouse for the purpose of including them as a member of their benefit unit.


[...]

If an applicant or recipient has been living with another adult (other than a close relative) for at least three months and has not declared the person as a spouse, an assessment of the relationship is done to determine if the relationship is marriage-like. The assessment is based on the individual's responses to the Questionnaire.


[...]

Treatment of Income of the Spouse

A spouse is considered to be a dependant in the benefit unit. The budgetary requirements, income and assets of the recipient and any dependants are to be included in determining the eligibility and the amount of income support for the benefit unit. Therefore, the combined income, assets and expenses of the couple are taken into account to determine financial eligibility and the amount of income support.


Your partner may want to contact their Caseworker directly for definitive information.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
Children in Common - How To Prove?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some helpful information in the CIC OP 2 Processing Members of the Family Class - Operations Manual. Here is an excerpt,

5.15. Establishing identity and relationship

Members of the family class must prove their relationship to their sponsor and to their family members.

The onus is on the applicant to provide evidence of their identity and relationships to their sponsor and accompanying family members. Applicants must answer questions truthfully and provide any documents necessary to establish that they are not inadmissible [A16(1)].

An applicant, who cannot provide satisfactory documentary evidence of a relationship, has the option to undergo DNA testing. DNA testing involves the comparison of DNA profiles extracted from blood samples taken from persons claiming to be a biological father, mother or child(ren).

If properly conducted, the test is considered a highly reliable means to verify a claimed relationship. This test is commercially available. (See OP 1 for more information on DNA testing.)


You can also find some additional information in the CIC OP 1 Procedures - Operations Manual. Here is an excerpt,

5.9. DNA test for relationship

Citizenship and Immigration Canada (CIC) accepts DNA test results as proof of parent/child and sibling relationships. The test compares DNA profiles extracted from genetic material taken from persons claiming to be father, mother, children or siblings.


Regarding the process, the CIC OP 1 Procedures - Operations Manual states,

14. Procedure: DNA testing

Parentage tests should, whenever possible, involve samples of genetic material from both parents and from the child(ren). If there is no possibility of obtaining samples from both parents, tests of samples from one parent (either father or mother) and the child(ren) are acceptable.

The laboratories listed in Appendix E will forward a tamper-proof sampling kit (including instructions) to the client or the visa office (depending on the preference of the visa office). Some visa offices stockpile kits and distribute them on notification from the listed laboratory. The kit is self-contained with everything necessary to take, pack and ship a sample. It also includes instructions for applicants and visa office staff witnessing sample taking. Following these instructions ensures the reliability of results from the sample.

Officers are responsible for assuring local sample taking arrangements are tamper-proof.

Immigration medical officers will identify suitable laboratories or itinerant medical personnel able and willing to take samples.

The following steps must be followed when samples for DNA testing are taken:

- Provide clients with the names and addresses of the laboratories listed in Appendix E. Applicants, their sponsors or representatives are responsible for choosing a laboratory.

- Inform applicants of when and where they must give a sample. Applicants must provide two recent photos (passport size and quality). The photos form part of the documentation shipped with the sample blood.

- Applicants must also present documents to establish the identity they claim.

- An officer or other visa office official who has to be present when the sample is collected must:

- ensure the person giving the sample is the applicant and the person identified in the sampling kit;
- verify that the sample kit has not been tampered with and complete the chain of custody documents for the sample (or witness their completion);
- package the sample and documentation according to instructions in the kit;
- forward the package to the laboratory by the fastest, most reliable means possible.

Ideally, no more than seven (7) days should elapse between the sample taking and receipt by the laboratory. Normally, private courier services, paid by the applicant, can
deliver samples within this deadline.


You may want to contact the the Citizenship and Immigration Canada (CIC) Call Centre directly for some additional information specific to your own situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
Minimum Age required for a Child Renting a House

Moderator
Moderator
Hello,

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

It is great that you are looking into this information on her behalf and before she arrives.

According to the Ontario Human Rights Commission,


You cannot be refused an apartment, harassed by a housing provider or other tenants, or otherwise treated unfairly because of your:

[...]

- age, including people who are 16 or 17 years old and no longer living with their parents


You can also find some additional information in this How do I rent an Apartment? article on our NewYouth.ca website.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/27/2015
Topic:
Joining a Business Back Home - Questions

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You are right that it is important to find our the tax implications to having/joining a business outside of Canada.

It is best if you contact the Canada Revenue Agency (CRA) directly for some 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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/28/2015
Topic:
No Hot Water - Would like Advice

Moderator
Moderator
Hi There,

Thanks for sharing your question and situation with us. We can appreciate that this is a frustrating situation.

From my understanding, you are renting a unit in a larger complex, and you currently do not have hot water because of something that was out of your control. The property manager has been notified of your hot water issue but has yet to fix it.

The short answer to your question is, no you are not being pushy, hot water is a vital service it is interfereing with your reasonable enjoyment of your unit. You may wish to inform your property manager that it needs to be fixed immediately for these reasons.

According to the Landlord and Tenant Board your landlord/property management can not:


Interfere with Vital Services

“Vital services” are hot or cold water, fuel, electricity, gas and, during certain months of the year, heat. Where a landlord provides heat, it must be kept at a minimum temperature of 20° Celsius from September 1 to June 15. However, your own municipal standards may be higher.

If a landlord provides any vital service to a tenant, the landlord cannot withhold the reasonable supply of it. This rule applies even if the tenant’s rent is overdue, or the tenant has caused damage to the property.


You may find our article What can I do if the place I rent needs repairs? for some tips. Here is an excerpt:


Your landlord is responsible for repairs in all types of rental housing. This includes repairs to heating, plumbing, electricity and appliances that come with the apartment (for example stoves, refrigerators). If you or your guests cause damage to the unit or building, you are responsible for repairing it.

If something needs to be fixed, ask your landlord first. Some landlords will ask you to fill out a form. If the repair is not made soon, ask the landlord again in a written letter. Keep a copy of the letter.


If you can, write down all the dates and information about when you spoke to the property management about this issue, calls to the gas company etc. this can help you if the situation continues.

You may wish to contact the Landlord and Tenant Board to confrim this information and to ask more question about your personal situation.

The information provided above is not legal advice. If you want legal advice please consult a community legal clinic or a lawyer about your particular 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.

=====
Theresa
Information & Referral Specialist, CIRS
Your Settlement.Org Team
1/29/2015
Topic:
Divorce Outside of Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

We are sorry to hear that you have experienced this.

In terms of divorce outside Canada, you may find some helpful information in our Settlement.Org Will my foreign divorce be recognized in Canada?. Here is an excerpt:

"If you were divorced outside Canada, you need to prove that your divorce was legal in that country before you can get re-married in Canada.

If you got a divorce outside of Canada, you must get authorization from the Ministry of Government Services before you can get a marriage licence in Ontario."

You can also find some helpful information in this Marriage and Divorce publication from Family Law Education for Women website.

Here is an excerpt,



"Are divorces from other countries legal in Canada?

Ontario accepts that divorces from other countries are legal if you or your spouse lived in that country for at least one year before you applied for a divorce. If neither of you lived in the country for a year, your divorce may still be legal if the person who applied can prove that they have a “real and substantial connection” with that place. For example, if you were originally from the country that granted the divorce and had returned there when your relationship ended, the court could say that you had a “real and substantial connection” to that country."


In terms of getting a Divorce in Canada, you can find some helpful information in our Settlement.Org How can I get a divorce in Ontario? article.

Here is an excerpt,


The law about divorce in Ontario is the same as everywhere else in Canada. You do not have to be a Canadian citizen to apply for a divorce, but there are certain criteria you must meet.

Eligibility Criteria

If you want an Ontario court to officially end your marriage, you can apply for a divorce if you meet these 3 eligibility criteria:

*You were legally married in Canada or in any other country.
*You intend to separate permanently from your spouse or have left your spouse already, and you do not believe there is a possibility you will get back together.
*You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.


You may want to contact the nearest Family Law Information Centre (FLIC) for some assistance.

Family Law Information Centre (FLIC) can give you legal information on family law. Some FLICs have advice lawyers.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/29/2015
Topic:
Finding Accommodation before I Arrive

Moderator
Moderator
Hello Lyn,

Thank you for sharing your question with us.

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

You can find some helpful information in our Settlement.Org What kinds of short-term housing are available? and How can I find housing before I arrive? articles.

You can find some helpful information regarding the different areas in Toronto in our Services Near Me section.

Once you arrive, or even before, it may be helpful for you to contact the nearest Settlement Agency for some assistance and guidance regarding where to live and job search.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/30/2015
Topic:
NDEB Fundamentals Exam - Need Help

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You may also want to post your questions in this previous Settlement.Org Dentist NDEB Fundamental Exam - Study Materials discussion thread.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
1/30/2015
Topic:
My Husband Sponsored Me and then Left Me

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

We suggest that you may want to contact the nearest Settlement Agency for some personalized assistance regarding the various important issues that need to be discussed regarding your situation and for some personalized guidance. It is very important that you contact someone to help you go through the various aspects of this situation and provide you some information regarding your situation.

You can find the nearest Settlement Agency in our Services Near Me section.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org