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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 inadmissability.

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.).

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.

According to Family Law Education for Women (FLEW) [PDF], your foreign divorce will generally be recognized by the Canadian government, if you or your spouse lived in the country where you got a divorce for at least 1 year before the start of the divorce proceedings.

If neither of you lived in the country for a year, your divorce may still be legal if the person who applied for the divorce can prove they have a “real and substantial connection” with the country. For example, if it is your country of origin and you returned there after the divorce, or you own property or spend a lot of time there.

Documentation Requirements

Current, valid full class drivers licence with documentation to satisfy all three (3) identification requirements.*

If the licence is expired for less than one year (Korean driver’s licences are valid for one year from the second date of the aptitude test period indicated on the licence), an original Letter of Confirmation from the Korean Consulate or Korean Transport Authority (National Police Agency of the Republic of Korea) is required.

Documents presented must be original, translated into English or French by a Ministry approved translator or the Korean Consulate.

[...]


[...]

*Proof of legal name, date of birth (must state the day, month and year of birth), and signature.

To apply for an Ontario Driver’s Licence you will be required to show proof of your legal name, date of birth (must state the day, month and year of birth) and signature*. Documents must be original and valid. Copies, including certified copies, are not acceptable unless noted in the lists below.

Translation of documents

Any document that is not in English or French must be accompanied by:

-the English or French translation; and
-an affidavit from the person who completed the translation; and
-a certified copy of the original document.

Translations may be done by a person who is fluent in both languages (English or French and the unofficial language). If the translation is not provided by a member in good standing of a provincial or territorial organization of translators and interpreters in Canada, the translation must be accompanied by an affidavit swearing to the accuracy of the translation and the language proficiency of the translator.

The affidavit must be sworn in the presence of:

In Canada:

-a notary public
-a commissioner of oaths (Footnote 1)
-a commissioner of taking affidavits (Footnote 1)

Outside of Canada:

-a notary public (Footnote 2)

Notes

1 - Authority to certify varies by province and territory. Consult your local provincial or territorial authorities.

2 - Authority to administer oaths varies by country. Consult your local authorities.

Important information: Translations must not be done by the applicants themselves nor by members of the applicant’s family.

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.

Before starting a divorce, it is recommended that you seek legal advice from an expert in family law. An expert such as a lawyer can tell you how the law applies to your case and how you can protect your rights. You can find a lawyer or ask for some information and referrals at a Family Law Information Centre in an Ontario family court.

Dear,
We have our PRs and due to family issues we had to stay out of Canada for a year. Now we think our OHIPs are expired.
We are having a baby in 6 months and we are coming back in 2 months. It means during months 5 to 8 of the pregnancy we will not be covered by OHIP.
Could you give me a solution if there is a possibility of urgent revalidation of OHIP or if we could use private insurance to cover the costs of these months ?
Thanks all.
Kash

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.

If you break your Canadian residential ties and leave Canada, you can become a Canadian resident for tax purposes again when you move back to Canada and re-establish your residential ties.

Generally, your residency status and tax obligations can only be determined on a case-by-case basis after taking into consideration all of the relevant facts.

You become a resident of Canada for tax purposes when you establish significant residential ties in Canada, usually on the date you arrive in Canada.
Residential ties include:

-A home in Canada
-A spouse or common-law partner and dependants who move to Canada to live with you
Personal property in Canada, such as a car or furniture
-Social ties in Canada

Other ties that may be relevant include:

-A Canadian driver's licence
-Canadian bank accounts or credit cards
-Health insurance with a Canadian province or territory

Find out more about residential ties on the Canada Revenue Agency (CRA) website.

5.38. No appeal rights Sponsors of applicants seeking to remain in Canada do not have a right of appeal to the IAD. This includes:

- Members of the Spouse or common-law partner in Canada class; and

- Applicants seeking permanent resident status on humanitarian and compassionate grounds.

"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.