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3/12/2015
Topic:
Questions about Landing as a PR

Moderator
Moderator
Hello,

Thank you for sharing your questions with us.

Regarding your second question,

2. How can I know about SIN offices nearby to my place of stay?


You can find some helpful information and some links to where to find the nearest offices in our Settlement.Org How do I get a Social Insurance Number (SIN)? article.

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
3/12/2015
Topic:
OHIP Eligibility Scenario

Moderator
Moderator
Hello,

Thank you for sharing this question with us.

As you may know, one of the other requirements is that a person be:

[...] in Ontario for at least 153 days in any 12-month period.


According to a ServiceOntario representative, the "any 12-month period" begins the day after a person leaves Ontario.

We suggest that you contact ServiceOntario directly for some specific information and clarification.

You can contact them here:

ServiceOntario INFOline at:
1-866-532-3161 (Toll-free in Ontario only)
TTY 1-800-387-5559.
In Toronto, TTY 416-327-4282
Hours of operation : 8:30am - 5:00pm

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
3/12/2015
Topic:
Will I be able to Renew my PR card?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

As you may know, to meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.

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.

You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) 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 inadmissibility.

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.).


and

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.


It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,


It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.


It also states in relation to the process of loss of permanent residency,


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


The possible loss of permanent residency is a complicated issue.

You are right that it is best to seek some legal advice related to the plans or ideas you have in order to re-new your PR card.

To find a lawyer, you can find some information in our Settlement.Org How do I find a lawyer? article.

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
3/13/2015
Topic:
Citizenship-Fee Returned

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Unfortunately, the best thing to do is to continue to try to contact the Citizenship and Immigration Canada (CIC) Call Centre directly.

Some of our users have stated that they have been able to get through by trying to dial right at 8am.

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
3/13/2015
Topic:
Travel within Canada - Documents?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is best you contact the airline you will be flying with directly to find out what their requirements and policies are.

We hope that others who are in a similar situation or who have had a similar experience can share some suggestions and comments 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
3/13/2015
Topic:
Documents Required for Schooling

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

You can find some detailed information in our Settlement.Org How do I enrol my child in school? article.

Regarding your additional questions, here is an excerpt from that article,

In some school boards, newcomer students go to an assessment or reception centre where their mathematics and English language skills are tested. Read more in How is my child assessed to start school in Ontario?

Find a list of school reception centres in Ontario.

If you have your child's previous report card or textbook, or any other school information that might be helpful, bring it to the centre.


You can find some additional information in our Settlement.Org How is my child assessed to start school in Ontario? article.

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
3/13/2015
Topic:
Proof of Language

Moderator
Moderator
Hello Rowin,

Thank you for sharing your situation and question with us.

You can find some specific information on the Citizenship and Immigration Canada (CIC) website.

As you have already mentioned, the Language proof if you are 18-54 years of age section states,

Proof of completion of a secondary or post-secondary program conducted in French or English, either in Canada or abroad, includes:

-A diploma or transcripts from a secondary or post-secondary school indicating the successful completion of a program, in French or English, either in Canada or abroad. or
-A diploma or certificate from a secondary or post-secondary school indicating successful graduation from a program conducted in French or English, either in Canada or abroad.


It additionally states,



Note: You must have successfully finished a secondary or post-secondary program in English or French.

A single course done in English or French does not meet the requirement.

If the original document is in a language other than English or French then you must also include a letter from the academic institution indicating that the language of instruction was in English or French along with an official translation of the original document.


It may be best for you to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some suggestions and information regarding 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
3/17/2015
Topic:
Girlfriend in Canada - Options?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some information on what the different options are for immigrating to Ontario in our Settlement.Org How can I apply to immigrate to Ontario? article.

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
3/17/2015
Topic:
Getting OHIP

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

You can find some detailed information regarding which documents you can present in our Settlement.Org What documents do I need to apply for a Health Card (OHIP)? article.

Here is an excerpt,

2. Proof of Residency

A document that has your name and current home address. This document confirms that your principal home is in Ontario.

[...]

- School, college or university report card or transcript



Regarding getting insurance as soon as you submit your application, unfortunately, there is a 3-month waiting period. You can find out what your options are during that 3-month waiting period in our Settlement.Org How can I pay for health care in my first 3 months in Ontario, or if I don't have OHIP? article.

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
3/18/2015
Topic:
Enrolling my Children in School-Where to Register?

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

You can generally enroll children in elementary school by going directly to the school that is in the area where you will be living.

In some school boards, newcomer students go to an assessment or reception centre where their mathematics and English language skills are tested.

It is great that you have already e-mailed the school that you are interested in.

You can read more in our Settlement.Org How is my child assessed to start school in Ontario? article.

You can also find a list of school reception centres in Ontario Here.

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
3/19/2015
Topic:
Shall I translate Passport that is 8 Years Old?

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

Thank you for your kind words and feedback regarding the Settlement.Org website. We really appreciate it.

Regarding your first question,

First question:
Shall I translate Passport A even-tough the years in it are too old to be counted toward my citizenship? Especially it has a LOTS of European visas/stamps along with numerous Arabic stamps from my home country... That'd cost me a huge amount of money not to mention the very short window of time. Or shall I just translate the Arabic ones?


According to some CIC representatives, it is important to translate anything in passports that is relevant to the applicant.

We suggest that in your case, it is best if you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for information specific to what you should do in your case and situation.

Regarding your second question,

Second question:
Do you think I would I be receiving a RQ since I don't have Passport B anymore? Even-though it was issued in 2009, lost in 2010 & obviously the days I spent in Canada back then were not counted anyways.


It is difficult for us to provide a definitive response regarding whether or not you will receive the RQ. Many users have reported that they have gone well over and above the requirements requested and they have still received an RQ. We hope that others can share their experiences and suggestions with you.

We hope your test goes well on Monday. You mentioned that you are a little anxious about this and are quite stressed due to the studying.

It may also be helpful to use our CitizenshipCounts.ca website. It helps with preparing for the test and has online practice quizzes.

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
3/20/2015
Topic:
Applying for Canada Child Tax Benefit

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us. Thank you also for your kind words regarding the Settlement.Org website.

Regarding your first question,

1. I moved to Korea in 2000, right after I graduated from university. Therefore, I have never filed taxes in Canada, only here in Korea. Would I still be able to apply for the Child Tax Benefit when we arrive or will it automatically be assessed once I file taxes next year?


According to the Canada Revenue Agency website,

Information you provide on your income tax and benefit return is used to calculate your CCTB payments. Make sure you file your income tax and benefit return on time every year, even if you have not received income in the year.


You can find some additional information regarding filing your taxes in our Settlement.Org Do I have to file a tax return? article.

Regarding your second question,

2. It states that the application must be done by the direct caregiver of the kids. Since my wife will need to learn English, I will take care of most things, but she will be the one to stay home to take care of the kids while I work (or eventually find work when we arrive...knock on wood). She also wouldn't have her permanent residency status right away. Would I be able to apply for the Tax Benefit even though I would not be the one staying with them at home?


According to a Canada Revenue Agency - CCTB Representative, they stated that generally, they consider the one who is the primary caregiver the one who should apply. In this case, that person would require a Social Insurance Number (SIN) in order for her to be eligible for CCTB and GST/HST Credit.

They stated that it may be possible, in this type of situation, to complete the application and include a letter from your wife stating that you are primarily responsible for the care and upbringing of your children. He stated that it may be possible, because, unfortunately, he cannot say definitively whether or not it will be approved in this case.

He stated that in this type of case, they will hopefully not dispute it because you will be the sole provider financially, and responsible for the care and upbringing. You will also meet the requirement of being a Canadian Citizen.

They stated a few things to include in the letter (from your wife) to be attached to the application:

- Her Name, Address and Telephone Number
- The fact that she is currently in the process of being sponsored as a Permanent Resident by you, her husband.
- Name and Date of Birth of your children.
- She should state that you are primarily responsible for the care and upbringing of your child and the sole provider for their family.
- She should date and sign the letter. Include her phone number.

The Canada Revenue Agency - CCTB Representative suggested that once your wife receives her PR status, if you like/prefer, you can switch it over to her name. That way the payment will be received in her name.

He also suggested that you send the application by mail, because in order to process it online she will have to have a Social Insurance Number.

Your application should be submitted to:

Sudbury Tax Centre
1050 Notre Dame Avenue
Sudbury ON P3A 5C1

You can find the application on the Canada Revenue Agency website.

Please note that this is the information we have received from a Canada Revenue Agency - CCTB Representative. We suggest that it may be good for you to contact the Canada Revenue Agency directly to confirm this 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
3/20/2015
Topic:
SIN for Immigrant Spouse

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

In order for your wife to apply for her SIN, she will need to show certain documents. The documents she will require will depend on her status in Canada.

Unless, as a temporary resident she has one of the following documents:

-Work Permit (sometimes called an Employment Authorization) – From Citizenship and Immigration Canada.
-Study Permit (sometimes called a Student Authorization) – From Citizenship and Immigration Canada and an employment contract from an on-campus employer or a student work permit (off-campus work permit or co-op work permit).
-Visitor Record that shows you are authorized to work in Canada – From Citizenship and Immigration Canada and an employment contract.
-Diplomatic Identity Card – From the Department of Foreign Affairs and International Trade. You also need a letter of permission to work.

If she does not have any of these documents when she is a temporary resident in Canada, during her Sponsorship application process, then she will need to wait until she receives her Permanent Residency in order to apply for her SIN.

You can find some additional information in our Settlement.Org What documents do I need to apply for a Social Insurance Number (SIN)? article.

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
3/20/2015
Topic:
Change of Address During Application Process

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Citizenship and Immigration Canada (CIC) website in the How do I notify Citizenship and Immigration Canada (CIC) of an address change? section.

Here is an excerpt,

In Canada

You can submit an address change via the change of address service online, in some cases. See the full list of requirements to use this service.

If you are not eligible to change your address online, you can notify CIC using this email form.
It can take up to 15 business days for the address change to be processed.

Outside Canada

You must contact the visa office where you applied. Look for the Case Specific Inquiry box on the visa office web page.


Here is the list of the full requirements,



In Canada

In most cases, you can use the online service. The changes should appear in your file within 5 business days.

Step 1- Check if you are eligible to change your address online

You can use the online service if:

-your case is being processed in Canada
-your address is in Canada
-you are moving within three weeks or have already moved

You must also have either:

-sponsored a member of the family class,
-applied for permanent residence from within Canada,
-applied for a Permanent Resident Card,
-applied for Canadian citizenship (for yourself or for a person adopted by a Canadian citizen),
-applied for a citizenship certificate (proof of Canadian citizenship),
-applied to renounce or resume Canadian citizenship, or
-applied for a search of the citizenship records.



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
3/24/2015
Topic:
OHIP and Private Health Insurance

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

Regarding your first question,

1. From an earlier post, it seems like my sons and I shouldn't have any issues with getting OHIP after the 3 months from the date that we arrive in Toronto. However, it seems like private insurance companies only provide medical insurance for non-Canadians. Does this mean my sons and I can get any kind of medical insurance until after 3 months from our arrival date?


According to some private health insurance companies, it may be possible for you to apply for the "Visitors to Canada" coverage for the 3 month waiting period. They stated that you can do it on a month to month basis until you get coverage or that you can try to do it for the 3 months and if you get your OHIP during that time, request for a partial refund. We suggest that you contact some of the private health insurance providers to confirm this information.


2. It states that permanent residents are eligible for OHIP as well as those who have applied as long as they provide a confirmation letter or notice from CIC. However, it seems that 1) CIC does not provide any such confirmations, only the final approval and 2) even if such confirmations are provided, it would happen almost a year after applying. Does that mean my wife won't be able to get OHIP for over a year?


Yes, you are right that in the event that it is likely your wife will not be able to get OHIP for at least a year.

You can find some information regarding what the options are in our Settlement.Org How can I pay for health care in my first 3 months in Ontario, or if I don't have OHIP? article.

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