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6/16/2016
Topic:
Can a positive IRB decision be withdrawn?

Moderator
Moderator
Hello,

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

It is best if your friend get some legal advice in this situation.

Your friend may want to contact a refugee serving/settlement agency to see if they can provide them with some information and referrals for this type of situation.

If your friend would like to contact a lawyer, you can find some information on how and where to contact a lawyer in our Settlement.Org How do I find a lawyer? 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
6/16/2016
Topic:
Noise Issues

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

You may want to contact the nearest community legal clinic to see if they have any information regarding what your options are and how you can proceed.

Some organizations also provide community mediation services you may want to access to see if they can help you find a resolution.

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
6/17/2016
Topic:
Received "decision made" ..FINALLY

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, it is difficult for us to provide a definitive timeline related to when you will be contacted or when an appointment will be set.

Regarding your questions about your car,

According to Transport Canada,


Section 7(1)(b) of the Motor Vehicle Safety Act (MVSA), allows a visitor to temporarily enter Canada with a motor vehicle without complying with the MVSA if the vehicle is used only by a visitor to Canada or a person passing through Canada en route to another country.

Notes:
  • You alone may use the vehicle.
  • Any change in your status, such as receiving permanent residency in Canada, may make your vehicle inadmissible and you will be required to export or destroy it.
  • You may not sell or gift the vehicle while in Canada.
  • The vehicle cannot remain in Canada longer than the time limits allowed under your temporary entry.

and


My status has changed from temporary to permanent resident while in Canada with my vehicle. How does that affect my vehicle?

If your vehicle is eligible for importation, you will need to formally declare the vehicle along with your personal effects to the Canada Border Services Agency and fulfill all import requirements.If your vehicle does not comply with the Motor Vehicle Safety Act, you must export or destroy it when your temporary entry status becomes permanent.

Notes:
  • Temporary residents and visitors cannot sell or donate their vehicle while in Canada
  • Your vehicle cannot remain in Canada for a period longer than the time limits listed on your work permit, student visa or any other Customs authorization.


You can find some additional information in our Settlement.Org I am immigrating to Canada. How do I bring my belongings with me? article.
Here is an excerpt,


Can I bring my vehicle to Canada?

From the United States

Your vehicle must meet Canadian standards, even if it was manufactured for the United States (US). Before you try to import it, check if your vehicle is on the list of vehicles admissible from the United States published by Transport Canada.

At the border, you must inform US Customs that your vehicle will leave the US permanently. US Customs recommends that you contact the port of crossing directly to find out what documentation is required and their hours of operation.

Read more information about exporting a motor vehicle from the US.


You may want to contact the Canada Border Services Agency by dialing toll-free 1-800-461-9999 from within Canada or 1-506-636-5064 from outside Canada (long distance charges may apply) for some information regarding 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
6/20/2016
Topic:
My PR card is Expiring

Moderator
Moderator
Hello Biplab,

Unfortunately, we are unable to tell you when to enter Canada in order to fulfill your residency requirements.

This is something you need to calculate yourself.

Regarding your question, generally, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.

In that 5 year period, if the permanent resident has not accumulated 2 years (730 days) of physical presence in Canada, then it may be determined that the permanent resident has lost their PR status.

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,

2. Program objectives

IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.


and

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.

The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.

It is your responsibility to ensure that you are fulfilling your residency obligation.

In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:

  • Airplane tickets/boarding passes
  • Bus tickets/boarding passes
  • Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
  • Hotel receipts

And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.

According to the the Citizenship and Immigration Canada Operations Manual - Chapter ENF 23 - Loss of Permanent Resident Status,

Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.

The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.


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
6/20/2016
Topic:
PR living abroad with Canadian citizen for 9 years

Moderator
Moderator
Hello,


Thank you for sharing your question with us.

You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.

According to the
Operational Manual ENF 23 - Loss of Permanent Resident Status,


7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
(Italics and Bold ours)

You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,
Residency Requirement

To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:
  • re-enter Canada, or
  • apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

  • travelling with your spouse or partner who is a Canadian citizen,
  • a child travelling with his or her father or mother who is a Canadian citizen,
  • an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

  • a Canadian business, or
  • the public service of Canada or a province,
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
6/20/2016
Topic:
PR living with Canadian Spouse in US - Days count?

Moderator
Moderator
Hello,


Thank you for sharing your question with us.

You can find some detailed information in the Immigration, Refugees and Citizenship CanadaOperational Manual ENF 23 - Loss of Permanent Resident Status.

According to the
Operational Manual ENF 23 - Loss of Permanent Resident Status,


wrote:
7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.


So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen,it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
(Italics and Bold ours)

You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,


"Residency Requirement

To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:
  • re-enter Canada, or
  • apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

  • travelling with your spouse or partner who is a Canadian citizen,
  • a child travelling with his or her father or mother who is a Canadian citizen,
  • an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

  • a Canadian business, or
  • the public service of Canada or a province,"


The time spent in Canada with her before he became a Permanent Resident does not count to meet his permanent residency 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
6/20/2016
Topic:
Landing and associated applications

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

It is great that you are looking into this type of information before arriving.

Regarding your first question,

1. I would like to confirm that if I need to apply PR card, as I read from other posts that the PR application would be done as a part of immigration process and I will automatically receive your new card by mail once my address in Canada is provided.


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

All newly arriving immigrants will receive the PR Card as part of the immigration process.

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.


Regarding your second and fourth question,

2. The OHIP and SIN cards can be applied once I landed in Toronto, any minimum stay before application is required?4. Can I apply OHIP and SIN if I did not yet have a permanent address? Can the address proof be provided later?


Yes, you are able to apply once you land. However, for OHIP, you will require a document that has your name and current home address. This document confirms that your principal home is in Ontario. You can find some detailed information in our Settlement.Org What documents do I need to apply for a Health Card (OHIP)? article.
Regarding your third question,
3. My wife is pregnant right now but we intend to give birth in home country, however, do I need to report pregnancy during landing entry to Canada?


In terms of the pregnancy, you may want to try and contact the nearest Visa Office for some information regarding how to proceed.

We suggest that you also read some experiences and suggestions posted by others regarding sponsorship of a newborn child born to Permanent Residents overseas. You can find some information in our previous Settlement.Org Can They Get A Visitor Visa For Their Newborn? discussion thread.

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
6/21/2016
Topic:
How can I sponsor?-Receiving Ontario Works

Moderator
Moderator
Hello,

Thank you for sharing your additional question with us.

As stated, the financial requirements for spousal sponsorship include:

  • You must not be receiving social assistance (For reasons other than disability).
  • You must not have an undischarged bankruptcy.

If a sponsor has no income, they will have to address this in their application, and specifically provide information related to how their spouse, who they intend to sponsor, will be supported.

In this type of situation, you may want to contact the Immigration, Refugees and Citizenship Canada Call Centre 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
6/21/2016
Topic:
Foreign Trained Lawyer - Questions

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

As she may already know, lawyers are regulated in Ontario by The Law Society of Upper Canada (LSUC).

For some information specific on how to become licensed to practice law in Ontario, she may wan to contact The Law Society of Upper Canada (LSUC) directly.

She can find some detailed information on the Ontario Immigration website in the Internationally Trained Lawyer section.

She may decide to work in an alternative job while she works towards getting licensed to practice law in Ontario, or even as a new career choice.

She can also find some helpful information regarding alternative jobs for internationally trained lawyers in our Settlement.Org Alternative Jobs - Lawyer section.

There she will also find specific information related to becoming a Mediator.

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
6/21/2016
Topic:
Have not received PR card yet - Check status?

Moderator
Moderator
Hello,

Thank you for sharing your parents' situation with us.

We can appreciate that they would be concerned about this.

In this type of situation, you may want to contact the Immigration, Refugees and Citizenship Canada Call Centre to see if they have any information regarding the whereabouts/status of their PR cards and 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
6/21/2016
Topic:
Found Health Card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in doing something regarding this situation.

It is best if you contact ServiceOntario directly to report a found Health Card.

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
6/21/2016
Topic:
ESL when sponsoring a member of the family

Moderator
Moderator
Hello,

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.

It is true that most free ESL classes have certain eligibility requirements.

You may want to dial 211 on a phone and speak to an Information and Referral Specialist to find out if there are any ESL classes that do not have these specific eligibility requirements.

They may be able to give you some suggestions and referrals to what is available in your area.

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
6/21/2016
Topic:
Can I collect E.I.? -How many work hours needed?

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.

It is best if you contact the Employment Insurance Telephone Information Service directly for information specific to your situation.

You can find the information here:
Toll-Free: 1-800-206-7218 (TTY: 1-800-529-3742)

The EI Telephone Information Service is an automated telephone service that is available 24 hours a day, seven days a week. If you would prefer to speak to a representative, call this number between 8:30 a.m. and 4:30 p.m., Monday to Friday, and press "0."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
6/21/2016
Topic:
Can I claim E.I? Am I eligible?

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.

It is best if you contact the Employment Insurance Telephone Information Service directly for information specific to your situation.

You can find the information here:

Toll-Free: 1-800-206-7218 (TTY: 1-800-529-3742)

The EI Telephone Information Service is an automated telephone service that is available 24 hours a day, seven days a week. If you would prefer to speak to a representative, call this number between 8:30 a.m. and 4:30 p.m., Monday to Friday, and press "0."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
6/21/2016
Topic:
New Immigrant - PR card holder in Ontario

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 information regarding what type of loans are available in our Settlement.Org Who is eligible for the Ontario Student Assistance Program (OSAP)? and What kinds of financial help can I get for my education? articles.

You can also find some additional information in this Who’s considered an Ontario resident for OSAP purposes? FAQ.

Here is an excerpt,



To get OSAP for full-time students:

  • you need to have always lived in Ontario or
  • Ontario is the last province you lived in for 12 months in a row without being a full-time postsecondary student
  • you live in Ontario now AND have lived in Canada for less than 12 months in a row

Regarding OSAP, you may want to contact the Student Financial Assistance Branch 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