PMM

all messages by user

3/17/2015 Topic: Renewal of Indian Passport - Required? PMM	Hi Hi, I am an Indian living in Canada as a PR. My passport is about to expire soon. I am in the process of applying for Canadian Citizenship and thereby not keen to renew my Indian passport. Is it mandatory to renew my Indian Passport while my Canadian Citizenship is being processed? Thank you. 1. Not necessary, unless you wish to travel before you receive citizenship. PMM
3/18/2015 Topic: Counting Five Year Period PMM	Hi Hi My date of landing is 28 October 2010. So I became PR on this date but the expiry date of PR card is 29 November, 2015. Should it not be 29 October, 2015 after the passage of 5 years? Also should I cover my 730 days of requirement for reissue of PR till 29 October 2015 or 29 November 2015? Thnaks Talba 1. The expiry date of the PR is 5 years after the date it was printed. 2. Your 5 year period to count for the Residency Obligation is from 28/10/2015 PMM
3/19/2015 Topic: Counting Five Year Period PMM	Hi Hi Hi My date of landing is 28 October 2010. So I became PR on this date but the expiry date of PR card is 29 November, 2015. Should it not be 29 October, 2015 after the passage of 5 years? Also should I cover my 730 days of requirement for reissue of PR till 29 October 2015 or 29 November 2015? Thnaks Talba 1. The expiry date of the PR is 5 years after the date it was printed. 2. Your 5 year period to count for the Residency Obligation is from 28/10/2015 PMM Thanks PMM In my opinion too I need to reside in Canada for 730 daysin the period that begins on the day of my landing i.e. 28 October 2010 to 28 October 2015. My PR Card has the expiry date of 29 November 2015. It is strange. The expiry date should have been 5 years after my landing i.e. it should have been 29 October, 2015. I thought that perhaps a grace period of one month is given. It is strange! Talba 1. As explained you have to reside for 2 years in the 5 years after you date of "landing" to maintain PR status. 2. There is no grace period. PMM
3/20/2015 Topic: Counting Five Year Period PMM	Hi Hi Hi Hi My date of landing is 28 October 2010. So I became PR on this date but the expiry date of PR card is 29 November, 2015. Should it not be 29 October, 2015 after the passage of 5 years? Also should I cover my 730 days of requirement for reissue of PR till 29 October 2015 or 29 November 2015? Thnaks Talba 1. The expiry date of the PR is 5 years after the date it was printed. 2. Your 5 year period to count for the Residency Obligation is from 28/10/2015 PMM Thanks PMM In my opinion too I need to reside in Canada for 730 daysin the period that begins on the day of my landing i.e. 28 October 2010 to 28 October 2015. My PR Card has the expiry date of 29 November 2015. It is strange. The expiry date should have been 5 years after my landing i.e. it should have been 29 October, 2015. I thought that perhaps a grace period of one month is given. It is strange! Talba 1. As explained you have to reside for 2 years in the 5 years after you date of "landing" to maintain PR status. 2. There is no grace period. PMM Thanks But it does not resolve the issue. The rule of 5 years I know. My card was printed after a week of my landing i.e. in the first week of November 2010. Then the question still remains: why is the expiry date 29 November 2015. If any expert knows the answer he may kindly furnish it since it does raise the question of span in which the condition of 730 days is to be fulfilled. Thanks 1, The following statement can't be any clearer. "Appendix A: Residency obligation Minimum residency obligations You must meet the residency obligation to obtain a Permanent Resident Card. If you have been a permanent resident for five (5) years or more you must have been physically present in Canada for a minimum of 730 days within the past five (5) years. If you have been a permanent resident for less than five (5) years you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident." PMM
3/21/2015 Topic: Spousal Sponsorship PMM	Hi Hi, I am a permanent resident in Canada for 4 years this May. I will go back to the Philippines to marry my boyfriend this summer. The following are my questions regarding spousal sponsorship: I am currently a University student. Is my student loan considered a government financial help? Also, I am still living with my parents and I am only working part-time. Will it affect my eligibility to sponsor my spouse? Thank you. 1. No. Student loans are not public assistance. 2. As long as you are not on public assistance, you will be fine. PMM
3/24/2015 Topic: Are Bank Statements accepted as Proof of Funds? PMM	Hi Hi, I received my confirmation of permanent residence and will be landing in April 2015. From this website, I understand that I may be asked to show proof of funds, the requirement to declare if I carry more than C$10K, and the various forms of money I can bring into Canada. From CIC website, I noted the proof of funds amount required. My question is - For landing purposes, are bank statements (not denominated in Canadian dollars) accepted as proof of funds? Thanks for your help. 1. Yes, as long as the statement is not much more than a week old, and the funds convertible to Canadian. PMM
3/26/2015 Topic: Criminal Record and Citizenship PMM	Hi Hello, My question is if a person charged with shoplifting in Toronto, fingerprinted by local police, and in the court it was considered as summary offense and did not lead to any conviction (because of diversion program)How it is going to affect citizenship process? CIC website talks about convicted indictable offense but my case in neither consider conviction nor indictable. FYI, when I applied for citizenship, my record was clear and it happened after I submitted my application. Thanks Then it won't have an effect on your citizenship application unless you were given probation. PMM
3/27/2015 Topic: Criminal Record and Citizenship PMM	Hi Hi Hello, My question is if a person charged with shoplifting in Toronto, fingerprinted by local police, and in the court it was considered as summary offense and did not lead to any conviction (because of diversion program)How it is going to affect citizenship process? CIC website talks about convicted indictable offense but my case in neither consider conviction nor indictable. FYI, when I applied for citizenship, my record was clear and it happened after I submitted my application. Thanks Then it won't have an effect on your citizenship application unless you were given probation. PMM Thanks PMM, The charge completely withdrawn by crown attorney. Could you explain please hw it is not going to affect my application? Thanks 1. Because you haven't been convicted of anything if the charge was withdrawn PMM
3/31/2015 Topic: Citizenship Physical Presence Requirement PMM	Hi Thank you for your message. I came to this forum through CitizenshiCounts.ca, and on their page regarding citizenship requirements it says that according to current rules there is: "No requirement that you be physically present." Here is the link: http://citizenshipcounts.ca/citizenship-act-changes# Could you comment on that? No - you can't. You need physical presence in Canada to qualify to apply for Canadian citizenship. The time you spent outside of Canada with your wife can be counted towards keeping your PR status. It cannot be counted towards citizenship - for that you need to actually live here. 1. There are 3 tests that the Citizenship judge can use. The first test is known as the “Strict Physical Presence” test and was elaborated by the Federal Court in Re: Pourghasemi (1993), 19 Imm. L.R. (2d) 259, 62 F.T.R. 122. It is a strict application of the residency requirement whereby the applicant must demonstrate actual physical presence in Canada for 1095 days during the 4 year period immediately preceding the date of application. Mostly used these days. Re: Papadogiorgakis [1978] 2 F.C. 208 (TD). Under this test, residency is determined by “[…] the degree to which a person in mind and fact settles into or maintains or centralizes his ordinary mode of living with its accessories in social relations, interests and conveniences at or in the place in question.” Physical presence in Canada is not essential provided that the landed immigrant has established and maintained throughout the three year period in question a “pied-à-terre” in Canada and has the clear intention to live in this country. Under this test, an applicant for citizenship has been deemed to meet the residency requirement despite having spent only 79 days in the country during the 4 years prior to applying for citizenship. Re Koo [1993] 1 F.C. 286, is a qualitative analysis of the applicant’s ties to Canada and is the one most often followed by citizenship judges. In order to ascertain whether an applicant has centralized his or her mode of existence in Canada, a number of issues are examined by the judge, including: Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship; Where are the applicant's immediate family and dependants resident; Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country; What is the extent of the physical absences; Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad; What is the quality of the connection with Canada: is it more substantial than that which exists with any other country. Note that the judge can use any of the 3 tests, but in probably 90% plus actual physical presence will be used, and you don't have a say as to which test will be used. These tests will be eliminated when the residency section is implemented of the new Citizenship Act. Strict physical presence will only be used for the 4 years out of 6 years requirement, and you have to resided in Canada for 183 days for 4 of those years. PMM
4/8/2015 Topic: Sponsoring Spouse - Work During Process? PMM	Hi To whom this may concern, This is the first place I have asked the question and I'll try to be brief. I am a citizen of Canada (born and raised in Pakistan) who is about to get married. My spouse is also from Pakistan and I wanted her to join me as soon as we are married but during my research I have found that unfortunately the processing time for spousal sponsorship seems to be 36 months for Pakistan. I have following questions related to the matter: First, Is there any way to speed up the process? Secondly, According to CIC website "eligible spouses have the opportunity to work in Canada while they wait for their application for PR to be processed". If that's relevant, how long does that take? Thank you for your help. I hope this inquiry made sense. - N. N. 1. No, you can't speed up the application, but with a complete application, there won't be further delays. 2. You are quoting from the "in Canada" spousal application, as your spouse is not in Canada, you can't apply under that section. 3. Your spouse could apply for a visitor visa (TRV) but the success rate for spouses of Canadian residents is close to nil, as a TRV is for visitors and with a sponsorship, the intention is to remain permanently rather than visit. PMM
4/11/2015 Topic: PR card Not Received PMM	Hi Hi everyone: I have a problem please help! I landed in Toronto on June 28th, 2014 as a skill worker. During the usual 6-week time, I didn't receive my PR Card. Then after 72 days, due to some personal problems I had to get back to my country without a PR card. Later, a friend of mine called the CIC center and told me that I have photo problems--the reason of not issuing my card. After a while, the CIC sent my Canadian address a letter, saying that I had 180 days to show up and hand in my photos. This 180 days will expire in July 2015. However, due to some family and job conditions, I cannot go to Canada by that deadline. I only can go again in summer 2016. My question is: Will I lose my PR status if I don't show up in 180 days? or I can maintain it? I heard I can return to Canada any time I wanted by travel document (even after this 180 days) and I only have to resubmit a PR card application which is not a big deal. Should I worry???? please help me. A.Sh 1. No, you wont' lose your PR status as long as you reside in Canada for 2 years in every 5. You will have to get TD to return to Canada, and once there you apply for a new PR card. PMM
4/11/2015 Topic: Application for Citizenship & Physical Presence. PMM	Hi Hello everyone, Thanks for the opportunity to post on here, please forgive the lengthy explanation and my ignorance, I hope you can assist. Married to and have been living with my Canadian wife since 1994, purchased our home in Ontario around the year 2000, my family and I have visited regularly since. On the 26th of Nov 2006 I became a permanent resident of Canada, due to delays at the time, we started preparing for the move while living abroad with regular visits to Canada, the period, after which, I applied for and received my PRC #2 for the second term. In 2011, my family returned to live in Canada permanently, I consequently followed in June of 2012, after sorting our affairs out abroad, my wife and both of my daughters are all Canadian citizens who live, work and study in Canada. As noted on card, my second PRC term expires on the 24th of Feb 2017, indicating the starting date to be: 24th of Feb 2012. I have been in Canada with the family continuously without interruption since the 17th of June 2012 up until the 14th of July 2014 (757 days or 2 years, 27) after which I had to make few - one week- trips followed by a six month of absence for contract work for my company, incorporated in Canada, abroad: Basically, although slightly interrupted; By the 17th of June 2015 I would have accumulated 919 days of physical presence in Canada within the past three years, 942 days within the past four years and 1095 days of -lately- interrupted stay since my settlement entry on the 17th of June 2012. I understand that the relevant laws will be changing this summer and hope, with your help, to get a clear idea on how to apply for the citizenship. 1. Based on above information, does my application for citizenship fall under the usual procedures? 2. I assume, my application should be filled and sent by the 17th of June, correct? 3. What documents, other than my company’s contract abroad should I attach with application concerning my absence in the past year? 4. Does the fact that I’m on my second PRC effect my application? 5. Since I’m on my second PRC, what dates should I enter in the online CIC Residence Calculator? (no related options) 6. Is it necessary to hire an immigration lawyer for the application process? Your answers and any other input or thought you can provide on this matter would be greatly appreciated. I look forward to your feedback. Oliver. 1. You require 1095 days of physical residence in the 4 prior to the date that you apply for citizenship(present Act). You can apply with less than those dates, but there is an excellent chance that your application would be referred to a Citizenship judge, which adds a year or so to the processing. There is a very good chance that the judge will refuse, if s/he only looks at physical presence. 2. You should put the dates in the Citizenship calculator at https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do?&lang=en&_ga=1.208035924.718636479.1407109839 to see when you will qualify. PMM
4/20/2015 Topic: Apply for TRV and/or TRP? - For my Child PMM	Hi Today my daughter was granted TRV valid for next three year. And now we will be moving to Canada by Jul 2, 2015. Do I need to apply Permanent Residence for my daughter before moving to Canada or once we move to Canada in July ? In your last post you mentioned that I have to sponsor the child outland, what does that mean ? 1. No, you apply for PR for your daughter once you are in Canada. It means that you send the sponsorship and her application to Mississauga, if approved, then Mississauga will send the application to an overseas office for processing. Probably Ottawa (it is considered an overseas office) or maybe LA. Make sure when you arrive that your child gets a visitor record for at least 1 year. PMM
4/25/2015 Topic: New Residency Requirements for Citizenship PMM	Hi Hello, Background: Permanent Resident since 2008. Lived outside Canada for 2 years from 2009. Came back to Canada and been living since 2012. Citizenship application package completed and ready to be sent by April last week. I have a question that has been bothering me since the last couple of days. I am well over the residency requirements as per the older (existing rule) citizenship rule which is living in Canada 3 out of 4 years. I now have lived about 1150 days, completed the application for citizenship for me and my family, and ready to send it out. What I am fearing is, do I fall into a crack where my application is received by CIC and then the new rule kicks in and I am in a limbo? Basically, I guess what's bothering me is this: At one end of the scale, the timeline for the file to be created after receiving the application is about 3 months (I will be applying by April 27, 2015) and at the other end of the scale, expected time to set the new residency rule is around June 2015. So, does CIC consider the "date received"? or "date file created"? as the application to be put under the new rule bucket (happy!!) or old rule bucket (sigh!!!) as CIC deems appropriate? So, am I unnecessarily worrying or should I really hurry up with my application, apply and hope for the best that I don't fall into the crack where they treat my application to be under the new rule? Your information is much much appreciated. Regards!!! 1. You are unnecessarily worrying, you citizenship application would be processed under the rules that are in effect on the day your application is received by CIC. 2. The proclamation date of the 4/6 years has not been announced as yet. My guess is July/1st. PMM
4/26/2015 Topic: Band or Level 4 of IELTS PMM	Hi I did IELTS in 2003. I achieved listen.Read.Write.Speak. 6.5 5.5 7 6 Bands. CiC website, apply for citizenship, does not say anything about band instead it requires Level 4 of IELTS as minimum. Is the band and level same thing or requires some kind of conversion. Please note I am reapplying for citizenship next month May, 2015, as my application has been declared, abandoned. and I am over 54 years of age. Thank you 1. Hi level 4 is IELTs 4 in Writing & speaking and 4.5 in listening and 3.5 in Reading. So you qualify. PMM