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5/18/2016
Topic:
PR living abroad with Canadian citizen for 9 years

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

As you may already know, the PR card's expiry date has no correlation between whether or not you have met the residency requirements.

Therefore, it is important to note that you do not lose your permanent resident status the instant your Permanent Resident Card expires.

Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.

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.


In terms of applying for a Permanent Resident Travel Document (PRTD) you can find some information and the requirements on the Immigration, Refugees and Citizenship Canada website.

You have to be outside Canada in order to apply for a Permanent Resident Travel Document (PRTD), in order to return to Canada.

It is important to note that the processing time for a Permanent Resident Travel Document (PRTD) can be at least 7 to 10 working days. This is only an average processing time. There are no guarantees and may not include the time needed for the passport and visa to be returned to you.

It is important to contact the nearest Visa Office directly 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
5/18/2016
Topic:
payment receipt for PR card renewal

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

If you have any questions or concerns regarding your receipt, you may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) 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
5/19/2016
Topic:
Moving back to Canada with US-born child

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Regarding your question,




For instance, I'm sure I will need my divorce/separation agreement which states that I have full physical custody and the right to move back to Canada with my child.

But should it be notarized or should I obtain a separate letter from my ex-husband that he has given permission?


You can find some information on the Immigration, Refugees and Citizenship Canada website. Here is an excerpt,

I am travelling with my minor child without my spouse. What documents must I present?


You must present the following documents:

  • A copy of the child’s birth certificate
  • A letter of authorization signed by the parent who is not travelling, containing their address and telephone number, in English or French if possible, and
  • A photocopy of the non-accompanying parent’s signed passport or national identity card


If the parents are separated or divorced, and share custody of the child, the parent travelling with the child should carry copies of the legal custody documents.

If the parents are separated or divorced and one of them has sole custody of the child, the letter of authorization may be signed by that parent only and they should bring a copy of the custody papers.
and
Minor children entering Canada as a visitor


The documents a minor child needs to enter Canada depend on whether the child is travelling alone or with someone.

The parent should present:

  • the child’s passport
  • a copy of the child’s birth certificate, and
  • a letter of authorization, in English or French if possible, which is signed by the parent who is not travelling with them and lists:

-the address and telephone number of the parent who is not travelling, and
-a photocopy of that parent’s signed passport or national identity card.



Regarding your other question,



Also, I have filed for proof of Canadian citizenship for my daughter but am still waiting for it to arrive. Can she move with me if it doesn't arrive? (She has a US passport).




You may be able to find some helpful information on the Government of Canada website in the Border Travel section.

Here is an excerpt,

Minor children 15 and under travelling by land or by sea may enter Canada with a valid passport or their U.S. or Canadian birth certificate.


We strongly recommend that children travelling across the border carry a consent letter proving they have permission to travel from every person with the legal right to make major decisions on their behalf, if that person is not accompanying the children on the trip.



Regarding your additional questions,

I will have a UHaul will all my belongings- how detailed does my list need to be?

I already have a Canadian bank account, do I need to show them my US bank accounts?

As per my separation agreement, I will need to return to US for two weeks in August for daughter to have visitation with her father- will this be an issue?



We suggest that you may want to contact the Border Information Service directly for some information specific to your situation and specific to these issues.


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
5/19/2016
Topic:
Can she move to Canada? How? When?

Moderator
Moderator
Hello,

Thank you for sharing your question and situation with us.

In terms of the debt that she has, she may need to contact the places where the debt is owed in order to find out what her options are and if there are arrangements that can be made in this type of situation. She may want to see if her bank has a partner in Canada, where she can try to make an arrangement to pay off the debt.

It may be best for her to speak to an accountant or a lawyer in order to determine what she needs to tie up loose financial ends.

In terms of the option of starting a sponsorship from within Canada, you can look at the different conditions that need to be met for sponsorship in our How do I sponsor a spouse, common-law partner or dependent child from inside Canada? article.

Regarding your question about working in Canada, according to the Immigration, Refugees and Citizenship Canada website,

Foreign nationals in Canada applying to immigrate as a spouse or common-law partner will continue to have the opportunity to work while waiting for their application to be finalized. A pilot program giving them open work permits is being extended for one year, until December 22, 2016.

To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the Spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.



If you have any additional questions, you may want to contact the Immigration, Refugees and Citizenship Canada 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
5/20/2016
Topic:
PR Card - When will I get it?

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

You can find some information on timelines on the Immigration, Refugees and Citizenship Canada 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
5/21/2016
Topic:
Various Q's Re: Short Landing

Moderator
Moderator
Hello Ketan,

Thank you for sharing your situation and question with us.

It is great that you are looking into this type of information ahead of time.

Regarding your first question,

Proof of Funds: As I am staying for only 2 weeks I plan only to bring say $1000 in spending money. However, do I need to bring the minimum required amount for a single person ($12,164) for proof of funds? If so can this be a bankers draft or will a bank statement suffice?


You can find some information in our What documents should I bring with me when landing in Canada as a new immigrant? article.

It states,

You may be asked to show proof of funds. If you are carrying more than C$10,000, you must tell a border official.


You can also find some additional information on the Immigration, Refugees and Citizenship Canada website. Here is an excerpt,

You do not have to show that you have these funds if:

  • you have a valid offer of arranged employment in Canada AND
  • you are currently working or authorized to work in Canada.

How much money should you bring?

It is a good idea to research how much it costs to live in the place where you plan to settle in Canada.Bring as much money as you can to make moving and finding a home in Canada easier.

Note, however, that Canadian customs regulations require you to declare if you are bringing more than CAN$10,000 into Canada. If you do not tell them, you may be fined, and your funds could be seized. These funds could be in the form of:

  • cash,
  • documents that show property or capital payable to you (such as stocks, bonds, debentures, treasury bills, etc.), or
  • documents that guarantee payment of a set amount of money, which are payable to you (such as bankers’ drafts, cheques, travellers’ cheques or money orders).

Regarding your question,

PR Card: I plan to provide my families address in Toronto for CBSA/CIC to send the PR Card to. My family will then bring the card to me later in the year when they visit the UK. I know there is a risk to this but I think it should be ok. My question is, because I am only there for 2 weeks will immigration send the PR card or will I have to request this another time?


You can find some information on this process in our Do I need to apply for my Permanent Resident Card? article.

It states,

Citizenship and Immigration Canada (CIC) will mail your PR Card to you, after the information and photograph on your Confirmation of Permanent Residence document is confirmed by a CIC official when you arrive in Canada.If you did not provide your mailing address to CIC at the point of entry, do so as soon as possible.


Therefore, they will mail it to the address that you provide them at that time.

Regarding your additional question,

Proof of goods form: I've been told about the B4/BSF186A form - As I'm doing a short landing and not moving items, do I need to complete this form?


You can find some information on the Immigration, Refugees and Citizenship Canada website.

Here is an excerpt,

Before you arrive, you should prepare two copies of a list (preferably typed) of all the goods you intend to bring into Canada as settler’s effects, showing the value, make, model and serial number, if the item has one. Divide the list into two sections: the goods you are bringing with you and the goods to follow.

Present this list to the border services officer on your first point of arrival in Canada, even if you are not bringing in any goods at that time.


Regarding your last question,

Paying taxes: I am only coming for a short stay and then I return to the UK and will be working. Will I have to pay taxes in both UK & Canada? This link (Determining your residency status), says that I only pay taxes if have significant residential ties which I will not. However, I do plan to open a bank account during my short landing and maybe get my driving licence - both of these count as secondary residential ties. So does this mean I would have to pay tax? The link for non-resident of Canada says: if I don't have significant ties and have been in Canada for less than 183 days then I should will be exempt from paying tax. Please advise.


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.

You can find additional information and clarification on the Canada Revenue Agency (CRA) 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
5/21/2016
Topic:
My PR card is Expiring

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some information regarding when you can apply in the Applying for a Permanent Resident Card (PR card) - Initial application, replacement, renewal or to change sex designation (IMM 5445) Instruction Guide. .

Here is an excerpt,

Do not apply for a renewal of your current PR card if it is still valid for more than nine (9) months (270 days), unless it is due to a legal name change. Otherwise, your application will be returned.


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
5/23/2016
Topic:
OAS proof of move to USA

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.

You can find some helpful information on the Information Sheet for the Old Age Security Pension - Service Canada and the Old Age Security pension page on from the Government of Ontario. Here is an excerpt,

If you have not lived continuously in Canada since the age of 18, you must submit proof of all the dates you arrived in or left Canada for periods of over six months. You can do this by providing your passports, visas, airline, ship, and bus tickets, and other requested documents that prove your residence history in Canada.


When official documents are not available, additional evidence may be submitted such as school and census records, letters from employers, and contracts (mortgage, lease, etc.). Contact us for examples of acceptable proof. If you have already provided these documents to us, you do not have to provide them again.

The application kit contains more details about these requirements.



For more information you can call 1-800-277-9914 (from Canada and the United States) / 1-800-255-4786 (TTY: if you have a hearing or speech impairment and use a teletypewriter) / 1-613-957-1954 (from all other countries, collect calls accepted).

It is best to have your social insurance number ready when you call.

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
5/24/2016
Topic:
Sponsoring My Brother

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information on what the requirements are to be eligible for this type of sponsorship are on the Citizenship and Immigration Canada (CIC) website in the Determine your eligibility – Sponsor your eligible relatives(CIC) section.

Here is an excerpt of the requirements,

Who you can sponsor

You can sponsor:-brothers, sisters, nephews, nieces, or grandchildren who are orphaned, are under 18 and do not have a spouse or common-law partner,-relatives of the above (for example, spouse, partner and dependent children) who will come with them to Canada, or

You can sponsor one relative of any age or relationship, but only if you do not have one of these living relatives who could be sponsored as a member of the family class:

-spouse or common-law partner,
-conjugal partner,-son or daughter,
-parent,-grandparent,-sibling, or
-uncle, aunt, nephew or niece, and

you do not have any relative who is a:
-Canadian citizen,
-permanent resident or
-registered Indian under the Indian Act.


Who you cannot sponsor

You cannot sponsor other relatives, such as brothers and sisters over 18, or adult children who support themselves financially.

If they apply to immigrate under the Skilled Worker Class, they may get extra points for having a relative in Canada.

As you may have noticed, it is not easy to meet these requirements.

You can find some information on how your brother may be eligible apply to immigrate to Ontario in ourSettlement.Org How can I apply to immigrate to Ontario? 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
5/24/2016
Topic:
What travel documents do I need to visit USA?

Moderator
Moderator
Hello,

Thank you for sharing your question with us.

As you may already know, the Settlement.Org website is mainly about settling in and living in Ontario. Therefore, you may not find a great deal of information regarding the United States.

You can find some helpful information in our What do I need to know about travelling to the United States? article.

You may also want to look at some information on the U.S Customs and Border Protection website in the Entering the U.S. - Documents required for Foreign Nationals 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
5/24/2016
Topic:
Legal Name Change

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

Regarding your question,

1. I was not born in Canada, so if I change my name here, will I have to change my American birth certificate name as well?
My mother will accept it if I change my name as long as the US birth certificate name remains the same.



This is an important factor to consider. If you are a dual citizen, you may need to review what implications there will be if you have documents under a different name from your birth country and if there are any requirements or obligations.

2. Must I change my passport immediately, or can I wait until it expires?
I just applied for the 10 year passport before I decided to change my name, and would have to go through the process again immediately if I must immediately change it.





If you have a passport that is not a Canadian Passport, you may want to contact the nearest embassy to find out what the procedures and requirements are in this case.

If you have a Canadian Passport, you can find some information on the Government of Canada website in the Canadian Passports section.

Here are some excerpts,

The name that appears on your passport is normally the same that appears on your birth or Canadian citizenship certificate.


and


If you are changing your name, you are not eligible to renew your passport. Renewal applications require that you keep the exact same name that’s currently printed in your passport. For any name change, you must apply for a new passport and submit additional documents to support the name change.


Legal name changes
If you have legally changed your name, you must get a new birth certificate or citizenship certificate issued in the new name before you apply for a passport.




Regarding your third question,

3. I am quite sure this isn't permitted, but kanji/asian characters are not allowed, correct? Only the English version.



That is correct. You can find some information regarding this issue on various government document instruction guides and application forms.

One example states,

Characters of non-Roman alphabets

Only characters from the Roman script/alphabet can be entered on the eTA application form.
Example: Aa, Bb, Cc and French accents such as é, è, ë, ü.

Your country of nationality is responsible for making your names appears in Roman script on your passport.




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
5/24/2016
Topic:
Citizenship - Required documents

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.

You may want to confirm what is required to submit by checking the Application for Canadian Citizenshp - Adults - Document Checklist.

You may also want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to see if they have any additional recommendations.

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
5/24/2016
Topic:
Did not declare Wife & Child before CSQ

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this.

This type of situation can be quite complicated.

We suggest that it is best that you contact the nearest Lawyer who is familiar with Canadian immigration issues.

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
5/24/2016
Topic:
Questions about the Spousal Sponsorship Forms

Moderator
Moderator
Hello,

You are very welcome!

We hope this information is helpful.


=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
5/24/2016
Topic:
Entering after 4 years on PR - Child US Citizen

Moderator
Moderator
Hello,

Thank you for sharing your situation with us.

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

When it comes to fulfilling the residency requirements, it has no correlation with the expiry date on the PR Card. The fact that a PR Card has not expired does not mean that a person has fulfilled their residency requirements.

You can find information on the process that is followed when entering Canada at the Port of Entry, 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.



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