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10/6/2015
Topic:
Alias Name removed from my Passport

Moderator
Moderator
Hello,

You are very welcome! We are glad to hear that you have been able to resolve some of these issues.

We are sorry that we are unable to give you a definitive response regarding your question. This may be something you want to contact the Citizenship and Immigration Canada (CIC) Call Centre about or try to ask the nearest Visa Office for some information on how to proceed.

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
10/6/2015
Topic:
Green Card Holder with Residence in Canada and USA

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Ministry of Health and Long-Term Care website regarding eligibility and residence it states,


-you make your primary place of residence in Ontario; and generally,
-you are in Ontario for at least 153 days of the first 183 days immediately following the date you establish residence in Ontario (you cannot be absent for more than 30 days during the first 6 months of residence); and
-you are in Ontario for at least 153 days in any 12-month period.


It may be best to contact ServiceOntario directly for clarification.

Call 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
10/7/2015
Topic:
Sponsoring a Spouse; Living Separately

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Based on the information on the CIC website,

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.


and


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.


It also states in the Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289) guide,

You may sponsor your spouse or common-law partner if he or she meets the following requirements:

-lives with you in Canada,
-has a valid passport or travel document,
-is 18 years of age or older,
-is your spouse or common#8209;law partner for genuine reasons and not primarily to obtain permanent resident status in Canada.


You may want to contact the a CIC Call Centre 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
10/7/2015
Topic:
OHIP Waiting Period for Private Sponsored Refugees

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this and would like to resolve this situation.

According to the Citizenship and Immigration Canada (CIC) Guide to the Private Sponsorship of Refugees Program – 2. Private sponsorship of refugees program,

Coverage of health-care costs: Depending on the province of destination, the waiting period for provincial health insurance coverage can be as much as 90 days for new permanent residents. However, in most jurisdictions, resettled refugees may be eligible from the day of arrival. Privately sponsored refugees should apply for provincial or territorial health insurance as soon as possible.

The Interim Federal Health Program (IFHP) provides limited, temporary health coverage for specific groups of people in Canada. The coverage is paid by CIC. [...]
Privately sponsored refugees who are not yet eligible for provincial or territorial health insurance may be covered by the IFHP for physician and hospital care during the waiting period.


and

The applicable local CIC office in Canada will:

-provide the sponsoring group with the names of agencies offering immigrant support services;
-register the refugees for the Interim Federal Health Program (IFHP); and
-monitor the settlement of the refugees after arrival.


You may want to contact the nearest Settlement Service for some additional information and some assistance with 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
10/8/2015
Topic:
Taxed on Money brought into Canada at Landing?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

According to the Border Information Services (BIS), you can bring in any amount of money as long as you declare that amount.

They also stated that you are not taxed on the amount of money you bring into Canada. You are only taxed on goods.

If you have any additional questions or concerns, you may want to contact the Border Information Services (BIS) directly.

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
10/8/2015
Topic:
Go to U.S without PR card- Can He Re-enter Canada?

Moderator
Moderator
Hello,

Thank you for sharing this situation and question with us. It is great that you are looking into this type of information on behalf of your friend.

You can find some information on the CIC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

I am outside of Canada and do not have a PR card. How can I return to Canada?

Canada’s entry requirements are changing

Starting March 15, 2016, if you are a permanent resident of Canada and a citizen of a visa-exempt country, you will need to travel with your Canadian permanent resident (PR) card or PR travel document when flying to Canada. Otherwise, you may not be able to board your flight to Canada. PRs who are citizens of visa-required countries will continue to need to show their PR card when boarding a flight to Canada.

If you are in Canada and do not have a permanent resident, find out how to apply for a permanent resident card.

If you are outside Canada and do not have a PR card or your card is expired, find out how to apply for a permanent resident travel document.

If you are outside Canada and plan to return to Canada by:

Private vehicle

There are other documents you can use to re-enter the country.

By bus or train

You must apply for a Permanent Resident Travel Document. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to Canada.

By air

Starting March 15, 2016, if you are a permanent resident of Canada and a citizen of a visa-exempt country, you will need to travel with you Canadian permanent resident (PR) card or PR travel document when flying to Canada. Otherwise, you may not be able to board your flight to Canada. PRs who are citizens of visa-required countries will continue to need to show their PR card when boarding a flight to Canada.

If you are outside Canada and do not have a PR card or your card is expired, find out how to apply for a permanent resident travel document.


You may also want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly.

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
10/8/2015
Topic:
PR Change of Name and PR card

Moderator
Moderator
Hello,

Thank you for sharing your question and situation with us.

According to several CIC representatives, in most cases, as long as both the passport and PR card are not expired and the names match on either one, it should not be a problem to travel with them.

It is very important that you contact and confirm with the country(s) you are travelling to for their entry requirements.

We suggest that you may also want to contact the Citizenship and Immigration Canada (CIC) Call Centre 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
10/8/2015
Topic:
Secondary ID - PR Card Application

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

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

It is difficult for us to provide a definitive response since there are limited options in your situation.

It is best if you contact the Citizenship and Immigration Canada (CIC) Call Centre directly to explain your situation and to find out what your options may be in your case.

They may suggest that you include a letter explaining your situation and stating why you cannot provide a second secondary ID with your application. However, it is best that you confirm how to proceed by calling the Citizenship and Immigration Canada (CIC) Call Centre directly.

We hope that others who may have experienced something similar can share their situations and suggestions with us.

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
10/8/2015
Topic:
Inadmissible Section A38 Excessive Demand

Moderator
Moderator
Hello,

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

It is best that your friend contact a Lawyer who is familiar with Canadian immigration issues for some advice and 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
10/8/2015
Topic:
Sponsorship Refused

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

The CIC OP 2 Processing Members of the Family Class Operations Manual previously contained information regarding how officers identified or what criteria was used to determine relationships of convenience. Unfortunately, it has recently been removed and is this information is no longer available.

We suggest that it is best that you contact a Lawyer who is familiar with Canadian immigration issues for some advice and assistance with this process.

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
10/8/2015
Topic:
Renewing my PR card with few days in Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation with us.

As you may know, in order to maintain your permanent residency, you must meet certain residency obligations to maintain your status as a permanent resident.

You mentioned you landed as a permanent resident in 2011 and stayed until 25 days.

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.

So, although it is possible to stay up to 3 years outside of Canada, if you leave Canada 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.

Basically what happens is that, 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 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 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.


The onus is on each individual permanent resident to make sure they are meeting their Permanent Resident requirements.

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
10/8/2015
Topic:
Online Bachelor's Degree

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some information regarding this on the CIC Website in the Student permits: Who needs a study permit section.

Here is an excerpt,

When a study permit is required
Foreign nationals are required to obtain a study permit for engaging in academic, professional, vocational or other education or training that is more than six months in duration at a designated learning institution in Canada.

The following activities are not considered studies and do not require a study permit:

-pre-school (pre-kindergarten);
-courses of general interest or self-improvement;
-distance learning; or
-audited courses (typically by sitting in on an academic course, but without obtaining credit for it, or having the ability to obtain credit for it retroactively).


You can also find some information regarding this on the CIC Website in the Study permits: Other considerations section.

Here is an excerpt,

Distance learning
Distance learning can be through e-learning, correspondence, or internet courses. Distance learning is a process by which technology is used in ways where the student does not have to physically be in the place where the teaching is taking place.

Since by definition distance learning does not require one to be in Canada, a study permit cannot be issued for this type of course. For example, if a foreign national authorized to work in Canada is prohibited from engaging in studies as per a condition of their work permit, they are allowed to engage in distance learning courses.

However, some distance learning courses include an in-Canada portion to the program (e.g., special tutorials or the writing of final exams). If the overall course of study is greater than six months, then the student requires a study permit for the in-Canada portion of the program, even if the in-Canada portion is less than six months. The duration of the study permit should be for the duration of the in-Canada portion only.


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
10/8/2015
Topic:
PR Change of Name and PR card

Moderator
Moderator
Hello,

Thanks for your further clarification. Sorry for the confusion! We sincerely apologize.

According to a representative at the Canada Border Services Agency’s (CBSA) Border Information Service (BIS), given her circumstances, she should have the following documents when travelling and re-entering Canada:

*Valid Canadian PR card;
*Valid foreign passport;
*Marriage certificate

As far as possible problems with boarding flights are concerned, the CBSA’s BIS representative suggested that she please call your airline(s) directly.

She may want to carry as much as possible to prove that those are here names.

We suggest that you may also want to contact the Border Information Service (BIS) yourself (1-800-461-9999) to verify the information and to provide any further details that may not have been outlined in your question.

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
10/8/2015
Topic:
Spousal Sponsorship - RGI Housing & ODSP Problems

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and would like to find out what your rights are.

As you may already know, the Residential Tenancies Act (RTA) is the law that applies to most rental housing in Ontario. This also includes subsidized/RGI housing or units.

In the case of subsidized/RGI units there are also some additional laws and rules.

In some cases it applies to who lives in the unit.

You are right that generally with subsidized/RGI units, you must inform your housing provider about any changes to your situation that might affect subsidy.

The laws and rules for subsidized/RGI housing can be complicated, so it is best that you get legal advice about your situation.

It may be best to contact the nearest Community Legal Clinic for some assistance and information regarding your rights related to your housing 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
10/8/2015
Topic:
Vocational Course

Moderator
Moderator
Hello Richard,

Thank you for sharing your questions with us.

It is great that you are looking into this type of information before making your move.

You may be able to find some helpful information in our Settlement.Org How do I choose the right university or college for me? and How do I apply for admission to a university or college? articles.

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