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"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.).

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 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.

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.

1. How do I find doctors and clinic ?

2. Can I just walk in to a clinic and see doctors

3. what should I do if the baby gets high fever ? what are the options ahead to see a medical practitioner

Telehealth Ontario

You can call the Telehealth Ontario phone service at 1-866-797-0000. You can talk to a registered nurse 24 hours a day, 7 days a week. This service is free and confidential.

You can ask the Telehealth nurse questions about health concerns, or describe symptoms you have. The nurse will help you to decide if you should go to a hospital emergency room, if you can wait to go to a doctor the next day, or if you can look after yourself at home.

4. Can I buy Medical insurance before my arrival ? Can you suggest couple of medical insurance provider?

Can they cross the border with their belongings and state that they are intending to stay here?

How soon can my wife work? Will she be able to at all?

And my step-daughter, will she be able to attend highschool here, she would be entering her final year of highschool.

Does this mean that if we apply for her permanent residency while living outside of Canada, we will not be able to enter Canada before she becomes a permanent resident?

In other words, would we be able to apply for her permanent residency now while we're living in Korea, move to Toronto in the summer, and have the process be completed while we're living there?

I know that we can also apply for her permanent residency once we are living in Toronto, but would she be allowed to enter Canada as an immigrant if we plan to apply after landing?

Significantly, “residency” was not necessarily defined as “physical presence” prior to these new amendments.

[...] the pre-existing legislation gave citizenship judges’ discretion to grant citizenship in deserving cases based on “establishment in Canada” as opposed to “physical presence” alone. The new legislation eliminates this discretionary authority to equate “residency” with “establishment in Canada”. Citizenship will now only be granted if the residency requirement is met by way of physical presence.

(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

The new legislation eliminates this discretionary authority to equate “residency” with “establishment in Canada”. Citizenship will now only be granted if the residency requirement is met by way of physical presence.

, how does this work here can I just go and book an appointment and pay the bill,,

When I receive a prescription can I just go into a pharmacy and that's that

Regulations have been put in place that affect some spouses or partners being sponsored to reside in Canada. Sponsored spouses or partners in a relationship of two years or less and who have no children in common with their sponsor at the time of the sponsorship application have a condition attached to their permanent resident status.

What conditional permanent residence means for you

If you have been granted conditional permanent residence, you must live together with your sponsor in a legitimate relationship for two years from the day you receive conditional permanent residence. The condition ends after the two-year period.

Am I affected by this new measure?

Yes, if your application was received on or after October 25, 2012.

Yes, if you have been in a relationship of two years or less and do not have children in common with your sponsor.

No, if you have been in a relationship with your sponsor for more than two years.

No, if you had children in common with your sponsor at the time of your sponsorship application.