7/20/2015
Topic:
Address to send PR card
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
According to the Citizenship and Immigration Canada (CIC) - ENF 27 Permanent Resident Card manual,
Information required of all new permanent residents in order to issue a card:
- address in Canada within 180 days; - photograph; - signature of applicant/legal guardian (if applicant under 14 years). Failure to comply requires a new application.
and
Persons who are granted permanent resident status under the Act must provide CIC with a reliable contact address in Canada at the time they are examined for permanent residence. A PR card request is generated from the Case Processing Centre-PR Card (CPC-PRC) when all file information on the permanent resident is complete for the purposes of card production.
If a person does not submit a residential address in Canada within 180 days after becoming a permanent resident, no PR card can be produced. A new application for a PR card must be submitted, in accordance with R58(2).
The manual states "a reliable contact address in Canada."
We suggest that you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for to confirm this information and 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 |
7/21/2015
Topic:
Renounce PR Status - Affect Sponsor?
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
You can find some detailed information regarding what the requirements are for someone who is interested in becoming a Manitoba Supporter on the Manitoba Immigration and Economic Opportunities website.
Here is an excerpt,
Manitoba Support
A Manitoba Supporter is an established resident of the province who is a friend or relative of the applicant and is willing and able to review and endorse the applicant’s plan for settling and finding employment in their destination community.A Manitoba Supporter must be the applicant’s close relative or friend/distant relative, and must be:
-able to provide documents proving they reside and are established in Manitoba and ---have been living in the province continuously for at least one year (ex: copy of Manitoba Health Card) -a Canadian citizen or permanent resident (ex: copy of Permanent Resident Card) -able to demonstrate sufficiently close ties to the applicant and to Manitoba -able to demonstrate that any applications they previously supported resulted in successful, permanent economic establishment in Manitoba -able to support the applicant’s Settlement Plan
The eligibility requirements make reference to previously supported applications.
You may want to contact the Manitoba Labour and Immigration - Manitoba Provincial Nominee Program directly for 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 |
7/21/2015
Topic:
Sponsorship - How long?
Moderator
|
Hello Eddy, Thank you for sharing your situation and question with us.
It is best if you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some information specific to your application and 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 |
7/22/2015
Topic:
Re-entering Canada after Landing in 2014
Moderator
|
Hello,
As Manishprakash303 has stated, in order to fulfill the residency requirements, a permanent resident must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that they 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 plan to continue to live in Canada.
Regarding your question,
Do I need to be back in Canada by October 2015 ( within 1 year of leaving ) or Can I travel in 2016 also?
Unfortunately, we cannot tell you when to re-enter Canada or how long to stay outside Canada. It is up to you to decide.
Most recommend not staying outside Canada the total allowed time because in the event you have to leave Canada once you re-enter Canada for an emergency you would have already used up the allowable time to be outside Canada.
When it comes to fulfilling the residency requirements, it has no correlation with the expiry date on the PR Card. Simply renewing a PR Card does not mean that a person has renewed their residency requirements.
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 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."
If you have any concerns as to what to expect when you return, you may want to contact the nearest Visa Office for 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 |
7/23/2015
Topic:
Overcrowding By-Laws in Thunder Bay?
Moderator
|
Hello,
Thank you for sharing this situation and question with us.
We can appreciate that you would be concerned and interested in finding out about this topic.
We suggest that it may be helpful for you to contact the nearest Community Legal Clinic for some assistance.
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 |
7/23/2015
Topic:
How can I obtain my Seized Passport?
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
From some information we have received previously from a CIC representative, you must mail or fax a letter to the local office that handled your file.
You must prove your identity in your letter with your -Full Name -Client ID -Date of Birth -Address (including any previous addresses you had since making your claim in Canada)
Your letter should detail your request to have your documents returned. Very much like your question that you posted. Your status has now changed, you want to travel, you would like your documents returned and so on.
You can find the address or fax number to your local office on the CIC website.
Also, should you wish to contact CIC in the future you can get through to an operator by:
- calling 1-888-242-2100
You do not need to listen to each message fully before you push the options. You may have to call a few times in a row to get through to the waiting queue.
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 |
7/23/2015
Topic:
Need to Apply for Travel Document?
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
Regarding your first statement,
As i am new PR, so the residency obligation of out of 5 years does not apply me yet, Please advice me what will be best chances, I plan to go back in next 3 months, i will applying in chandigarh, nearest center
Since you have landed as PR already, the residency obligation applies to you. As a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.
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.
You can find some helpful information in our Settlement.Org Do I really need a PR card to travel back to Canada? article.
Some of our users have stated that they have had friends or family who are residing at the Canadian address that they provided, forward their PR Cards on to them via a safe/secure method. Some have had it sent via courier or sent with a travelling family member.
However, it is important to note that if you are outside Canada and you would like your friend or family member to send it or bring it to you, it is important that you are aware of the risks of it being misplaced or possibly seized.
As you mentioned, since you are outside Canada and need to return, you may need to apply for a Permanent Resident Travel Document (PRTD) from a Canadian visa office abroad. It is also important to note that there is also the risk your application for a Permanent Resident Travel Document (PRTD) application be denied.
It is important that you contact the visa office where you are to find out their own Permanent Resident Travel Document (PRTD) application processing times so that you can figure out when to apply.
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 |
7/23/2015
Topic:
PR card Renewal
Moderator
|
Hello Navsi,
Thank you for sharing your situation and questions with us.
It is important to note that you cannot apply to renew a PR card from outside Canada.
According to the ENF 27 Permanent Resident Card manual,
R56(2) states clearly that a PR card application must be made in Canada.[...]The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3). Sometimes there is confusion related to the PR card expiry date and meeting the residency requirements.
In some cases, people may think that if their PR card is still valid and has not expired, that they have automatically fulfilled their residency requirements.
This is not the case.
The expiry date on a PR Card has no correlation to whether or not you have maintained your residency requirements as a permanent resident.
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 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 also states,
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.
It may be helpful for you to contact a lawyer who is familiar with Canadian immigration issues for some additional information and assistance with your situation.
Some of our users have reported that they have been able to contact CIC recently from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC.
Long distance charges will apply.
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 |
7/23/2015
Topic:
Renewing my PR card - Need to Travel
Moderator
|
Hello Alda,
Thank you for sharing your situation and question with us.
According to the CIC Website the processing time for PR cards for existing permanent residents is 110 calendar days.
You can find some information regarding what your options are in our Settlement.Org I need to leave Canada but do not have my PR card yet. What should I do? 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 |
7/23/2015
Topic:
Can I re-enter Canada as a Permanent Resident?
Moderator
|
Hello,
Sometimes there is confusion related to the PR card expiry date and meeting the residency requirements.
In some cases, people may think that if their PR card is still valid and has not expired, that they have automatically fulfilled their residency requirements.
This is not the case.
The expiry date on a PR Card has no correlation to whether or not they have maintained their residency requirements as a permanent resident.
In terms of what happens when re-entering Canada, basically, 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.
According to our Settlement.Org What are the residency requirements for permanent residents (PRs)? article,
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.
If you are outside Canada for extended periods of time, you can accumulate residency days if you are:
-Travelling with a Canadian spouse or common-law partner, or are a child accompanying a parent, or -Employed on a full-time basis by a Canadian business or the Public Service of Canada, or -The spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.
If you are in Canada and an immigration officer determines that you have not complied with your residency obligations, the officer may issue a departure order that requires you to leave Canada.
If you are outside of Canada and do not meet residency obligations, immigration officers abroad may inform you in writing that you have lost your permanent residence status.
So as you can see, to meet your residency requirement, you must be physically present in Canada for 730 days (2 years) in every 5-year period.
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 |
7/23/2015
Topic:
Sponsorship - How long?
Moderator
|
Hello Donna,
Thank you for sharing your question and situation with us.
It is best if you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for information regarding your application.
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 |
7/23/2015
Topic:
PR Card - What can I use as an Address in Canada?
Moderator
|
Hello,
Thank you for sharing your situation and questions with us.
According to several CIC representatives, "service providers" can refer to someone at a community service/centre or settlement service.
In terms of providing the hotel address, it was suggested that since you will be staying there for at least 3 months, you may want to ask the officer upon arrival, if it is possible for you to provide this address since you will be staying there for an extended period.
It is also important to note that If you did not provide your mailing address to CIC at the point of entry, do so as soon as possible. You can update your address online or you can contact the CIC Call Centre at 1-888-242-2100.
If you do not provide Citizenship and Immigration Canada your address within 180 days of the date of your admission, you will need to reapply for your PR Card and pay the applicable fee.
You can find some detailed information in our Settlement.Org Do I need to apply for my Permanent Resident Card? 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 |
7/24/2015
Topic:
Looking for a Job
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
You may want to contact the nearest Employment Service for some help and advice regarding your job search.
You can also find some additional information in our Settlement.Org What employment services are available in my community? 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 |
7/27/2015
Topic:
Family has lost their PR - Can I Sponsor them?
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
Loss of Permanent Resident status is a complicated issue.
We suggest that you contact a Lawyer who is familiar with immigration issues for some additional information regarding this type of situation.
You may also want to contact the Citizenship and Immigration Canada (CIC) Call Centre for some additional information regarding this type of 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 |
7/28/2015
Topic:
Can my Sponsor Deport Me?
Moderator
|
Hello,
Thank you for sharing your situation and question with us.
If you are concerned about the conditional permanent resident status, it only applies to partners if their spousal sponsorship application was submitted on or after October 25, 2012 AND:
*they were in a relationship for 2 years or less when they applied; and *they did not have any children together when they applied.
Here is some additional information regarding losing your permanent residence from the CIC Website,
Losing your permanent resident status
Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
An adjudicator determines that you are no longer a permanent resident following an inquiry
A visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.
You may lose your permanent resident status in one of the ways described above if:
*you do not live in Canada for two out of five years; *you are convicted of a serious crime and told to leave Canada; or *you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.
In terms of being deported by your sponsor, it is not likely.
Regarding deportation, if you are a permanent resident and are convicted of a crime you could lose your permanent resident status, be deported and might not be able to come back to Canada.
If you have any concerns regarding your situation you may want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some additional 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 |