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1/22/2016
Topic:
Am I restricted by my PR status in occupations?

Moderator
Moderator
Hi There,

Thanks for sharing your question and situation with us. We can appreciate that it's confusing situation to navigate a new country's rules and regulations.

From my understanding you are coming to Canada as a permanent resident and not under any nominee program.

If this is the case you have the right to move and find work across Canada so long as you maintain your PR status and have a valid Social Insurance Number.

There may be some barriers to working in Quebec as some of our users have shared regarding social benefits and health care that you may wish to be aware of. We have had several other users ask some similar type of questions. You can find some detailed information in some of these previous Can we go to Montreal after landing in Toronto? and Moving from Ontario / Toronto to Quebec (Montreal) discussion threads.

Regarding your second question, you may find the answers in our What do I need to know about licensing and regulations to start a business in Ontario? article.

Some of our users may also be able to share their experience 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.

=====
Theresa
Information & Referral Specialist, CIRS
Your Settlement.Org Team
1/22/2016
Topic:
How can I start a background check business?

Moderator
Moderator
Hi There,

Thanks for sharing your question and situation with us. We can appreciate that it's confusing situation to navigate a new country's rules and regulations.

You may find the answers in our What do I need to know about licensing and regulations to start a business in Ontario? article.

There are services and websites where you can find information and advice about starting a business in Ontario.

Many community agencies can also help you find information about how to start a business. To find help in your area, go to Services Near Me.

Some of our users may also be able to share their experience 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.

=====
Theresa
Information & Referral Specialist, CIRS
Your Settlement.Org Team
1/26/2016
Topic:
How can I get healthcare in Quebec?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

We too have found it difficult to get some accurate and definitive information regarding this type of situation.

The Régie de l'assurance maladie website states,

Persons taking up residence in Québec

Persons arriving from another province to take up residence in Québec become eligible for the Québec Health Insurance Plan when they cease to be covered by the plan of their province of origin. For as long as they remain covered by the health insurance plan of their former province, they must present their health insurance card of that province when receiving healthcare from a doctor in Québec. The health insurance plan of their former province will cover the cost. However, if the Québec doctor does not accept that card, they will have to pay the doctor's fee and then apply for a refund with the organization administering the health insurance plan of their province of origin. Usually, coverage under the Québec plan begins on the first day of the third month following the month of arrival in Québec.


This would seem to indicate that there must be a provision for those moving to and living in Quebec from other provinces.

Additionally, on the Régie de l'assurance maladie website it states,

Permanent residents

The originals of all the following documents:

-Permanent Resident Card, or any other document issued by the Canadian immigration authorities attesting to their permanent resident status in Canada, along with their visa;

-Québec selection certificate, in most cases.


Here it states "in most cases" making it sound as though there are circumstances where it would not be necessary to include the Québec selection certificate.

You can also find some information on the Quebec Health Insurance Act - Regulation respecting eligibility and registration of persons in respect of the Régie de l'assurance maladie du Québec

Here is an excerpt,

(7) in the case of a person referred to in section 5 of the Act who settles in Québec for the first time or who returns to settle in Québec, a person who has ceased to be a resident of Québec under the first paragraph of section 6, or a person who has left another province to settle in Québec, one of the following documents:

(a) a residential lease;

(b) a copy of the deed of purchase of the property or of the deed of hypothec;

(c) an attestation from the employer, containing the given name, surname, address, telephone number and signature of the declarant and date of signature, that the person holds employment in Québec;

(d) an attestation of enrolment in a program of study offered by an educational institution in Québec;

(e) a sworn statement from the lessor, representative of the lessor or lessee, as identified on the residential lease, the address of which is provided under subparagraph 3 of section 14, that the person making an application for registration resides there; this statement must also contain the given name, surname, address, telephone number and signature of the declarant, and the date of his signature;

(f) a copy of an invoice or statement of account from a telephone, electric or cable company or a municipal or school tax invoice addressed to the applicant and indicating the domiciliary address, together with the applicant's sworn statement of living at that address;

(8) in the case of a person who is unable to provide a domiciliary address because he is homeless, a signed and dated declaration by a worker with a centre local employment centre or with an establishment, to the effect that the worker knows the person and that the person lives in Québec;

(9) in the case of a permanent resident, within the meaning of the Immigration and Refugee Protection Act who has been temporarily absent from Canada, the original of the document issued by Canadian immigration authorities attesting that he has retained his permanent resident status;

(9.1) (subparagraph revoked);

(9.2) (subparagraph revoked);

(10) except for an application for which the Board issued a health insurance card without the photograph and signature of the insured person under sections 8, 8.0.1 and 8.0.2 or, where applicable, section 8.0.3 of the Regulation respecting forms and statements of fees under the Health Insurance Act, an authentication document duly completed in the manner prescribed in Division V;

(11) (subparagraph revoked);

A copy of one of the documents required under subparagraphs 2, 3 and 4 of the first paragraph is admissible insofar as the person presents the original of that document to a person referred to in section 31.


As you can see it states,

in the case of a permanent resident, within the meaning of the Immigration and Refugee Protection Act who has been temporarily absent from Canada, the original of the document issued by Canadian immigration authorities attesting that he has retained his permanent resident status;


We hope that this information is helpful in situations such as yours where it is a permanent resident of Canada who has moved from another province to live in Quebec.

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
1/26/2016
Topic:
Facilitation Visa - Questions

Moderator
Moderator
Hello Joquila,

Thank you for sharing your situation and question with us.

You may be able to find some helpful information in this previous Settlement.Org What is a Facilitation Visa? discussion thread.

We hope that others can share some timelines and their experiences/suggestions 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
1/26/2016
Topic:
Ontario Driver's Licence

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some helpful information in our Settlement.Org I have a driver's licence from another country. How do I get an Ontario driver's licence? article.

Here is an excerpt,

Countries With a Reciprocal Agreement

Some countries, like the United States, Australia, France and Korea, have an agreement with Ontario which allows licensed drivers to obtain an Ontario licence without having to go through the regular process for obtaining a licence in this province.

If you have a driver's licence from one of these jurisdictions with Licence Exchange Agreement, you can benefit from this privilege.

The type of licence you can get depends on how much driving experience you have. You follow the same process as drivers with a licence from another Canadian province and from Canadian Forces - Europe.

Read about the Licence Exchange program on the DriveTest website to learn more about the process and the documents required.


You can find detailed information regarding specific jurisdictions in the USA on the DriveTest website.

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
1/27/2016
Topic:
Landing - Entering via border crossing in USA

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

You can find some helpful information in our Settlement.Org Landing in Canada section.

We have had others share their landing process with us in these previous Settlement.Org Options for landing - Flagpole landing? and Landing Experience at Rainbow Bridge on foot discussion threads.

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
2/1/2016
Topic:
Change of Last Name

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Generally, the information on your PR card is taken from the information found on your Confirmation of Permanent Residence.

Since it was taken from a mistake already made on your passport, it is not likely that it will be considered an administrative error. Errors will be corrected if they were administrative errors made by the department in recording your personal information.

It is best if you try to contact the nearest Visa Office and the CIC Call Centre once you are back in Canada to find out what your options are.

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
2/2/2016
Topic:
Processing Time Redetermination

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out how long it will take.

Unfortunately, we do not have definitive information regarding this type of situation.

However, we hope that other users who may have experienced something similar can share their 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
2/2/2016
Topic:
Moving Costs

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

According to the Canada Revenue Agency (CRA) -Line 219 - Moving expenses ,

You can claim eligible moving expenses if:

-you move and establish a new home to work or run a business at a new location; or
-you move to take courses as a student in full-time attendance enrolled in a post-secondary program at a university, college or other educational institution.

To qualify, your new home must be at least 40 kilometres (by the shortest usual public route) closer to the new place of work or school.


You can take the quiz to find out your eligibility for moving expenses here:

Can you claim moving expenses?

You may also want to look into whether or not your employer has provides a reimbursement or an allowance from your employer for your eligible moving expenses,

In terms of your spouse, if she is having to leave her position because of the move, you can find some detailed information on the Service Canada website in the 6.5.3 Obligation to Accompany a Spouse, Common-law Partner or Dependent Child to another Residence section.

Here is an excerpt,

"A number of circumstances for quitting are considered just cause

You are justified voluntarily leaving your job in the following situations if, considering all the circumstances, quitting your job was the only reasonable alternative in your case:

[...]
•needing to move with a spouse or dependent child to another place of residence
[...]

Various reasons may prompt you to quit voluntarily your employment. However, to be paid regular benefits, you must prove that quitting your job was the only reasonable alternative in your case. Here is a list of 40 main reasons which may justify voluntarily leaving. You will find for each situation, an overview of the reason, reasonable alternatives that may be used and why the reason for quitting is considered to be with just cause."

You may want to contact Service Canada directly for additional information regarding your own situation.

You can contact them Toll-Free at 1-800-206-7218. (TTY: 1-800-529-3742)

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
2/2/2016
Topic:
Travel Document

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

Unfortunately, we are unable to provide a definitive response regarding whether or not your travel document application will be approved or rejected.

According to the Operational Bulletin 480 (Modified) – November 16, 2015 - Conditional permanent residence measure for spouses and partners in relationships of two years or less and who have no children in common, there is a process to losing PR status.

The Processing instructions for cases of non-compliance include,

CIC officers may make a determination as to whether the sponsored person has failed to comply with the condition during or after the two-year condition period (section 72.4).

If the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period and they are not eligible for an exception to the application of the condition, their permanent resident status could be revoked. An inadmissibility (section 44) report may be written on the basis of non-compliance with paragraph 41(b) of the Act and as per subsection 72.1(1) of the Regulations, as the condition imposed would not have been met. This report could be referred to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for a hearing and subsequent issuance of a removal order, if applicable.

If the removal order is issued the sponsored person may appeal the removal order before the Immigration Appeal Division (IAD) of the IRB, as per subsection 63(3) of the Act. The IAD has the authority to allow an appeal on humanitarian and compassionate grounds, which may include Best Interest of the Child (BIOC) considerations.

If the appeal is dismissed, the removal order could be enforced, permanent residence could be revoked and removal actions could be undertaken.


We suggest that it very important that you contact an organization that provides support and legal advice to women in similar situations.

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
2/2/2016
Topic:
Citizenship via Ancestry?

Moderator
Moderator
Hello Dan,

Thank you for sharing your question with us.

You mentioned that you have been reading about citizenship. You may or may not have already read this information.

You can find some detailed information on the CIC Website in the Amendments to the Citizenship Act limit citizenship by descent section.

Here is an excerpt,

Amendments to the Citizenship Act limit citizenship by descent

On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada to Canadian parents and who were not already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

-their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
-their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act (the person is therefore the second generation born outside Canada)
-unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

Exceptions to the first generation limit

The first generation limit to citizenship does not apply to a person born outside Canada in the second or subsequent generation if:

-at the time of the person’s birth, their Canadian parent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a crown servant);
-at the time of their Canadian parent’s birth or adoption, the person’s Canadian grandparent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or public service of a province or territory, other than as a locally engaged person (a crown servant).

The rules may also affect children adopted by Canadian parents outside Canada, depending on how the child obtained, or will obtain, citizenship.

Persons born to a Canadian parent who are not eligible for citizenship by descent due to the first generation limit may apply for and obtain permanent resident status and subsequently submit an application for a grant of citizenship under section 5 of the Citizenship Act.


Additionally it states,

Amendments to the Citizenship Act extending citizenship

On June 11, 2015, citizenship was extended to more persons who were born before the Canadian Citizenship Act took effect on January 1, 1947 as well as to their children who were born outside Canada in the first generation. Specifically, the amendments gave Canadian citizenship to persons who were born or naturalized in Canada as well as to those who were British subjects ordinarily resident in Canada on January 1, 1947 (April 1, 1949, in the case of Newfoundland and Labrador), but who were not eligible for Canadian citizenship when the Canadian Citizenship Act took effect. The amendments also retroactively gave Canadian citizenship to the children of these persons who were born abroad in the first generation as well as to children of parents who became citizens on January 1, 1947 (or April 1, 1949), if born abroad in the first generation but who did not themselves become Canadian citizens on those dates.

On June 19, 2014, the exception to the first generation limit to citizenship by descent was extended to children born outside Canada whose grandparent, at the time of the child’s parent’s birth or adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person.


You may also want to read the CIC Website in the “Am I Canadian?” See if you are already a citizen - section.

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
2/3/2016
Topic:
Permanent Resident CR8

Moderator
Moderator
Hello,

Thank you for sharing your comments on this.

We hope others can share 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
2/3/2016
Topic:
Can my friend courier my PR card to me abroad?

Moderator
Moderator
Hello Masum,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this.

As stated above, the information we have received from Citizenship and Immigration is that no, it is not illegal to send it via a secure method or with someone else. However, they stated that there exists the possibility that it be seized if found.

Unfortunately, this is all the information we have regarding this.

You may also want to contact a lawyer who is familiar with Canadian Immigration issues 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
2/4/2016
Topic:
Poor Credit Rating- How can I Get a Mortgage?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

Unfortunately, we are unable to state whether or not you should get a mortgage broker, nor can we suggest one over another.

However, you may be able to find some helpful information and suggestions in this article here:

How to buy a house when your credit rating’s been trashed

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
2/4/2016
Topic:
Reduced Hours and E.I.

Moderator
Moderator
Hello Brandon,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this.

It is best if you contact Service Canada directly to find out what your options are in your situation at:

1 800 O-Canada (1-800-622-6232)
TTY: 1-800-926-9105

You can call Monday to Friday, 8:00 a.m. to 5:00 p.m., local time. Information officers offer services in English and in French.

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