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7/1/2019
Topic:
PR Status: Returning to Canada after 2 Years in UK

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.

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, CRS,CRS-DC
Settlement.Org
7/1/2019
Topic:
Sponsoring a Wife from Outside Canada

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 in our Settlement.Org How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? article.

According to this article,

If you are a Canadian citizen not residing in Canada, you may sponsor your spouse, common-law or conjugal partner and/or dependent children who have no dependent children of their own. You must demonstrate that you will live in Canada once they become a permanent resident.



You can find additional information in the links in theHow do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? 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, CRS,CRS-DC
Settlement.Org
7/1/2019
Topic:
Carpentry

Moderator
Moderator
Hello Veronica,

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 contact the nearest employment service in Sault Ste. Marie for some information regarding these types of jobs and your husband's trade availability in that area.

You may also want to use our Services Near Me Tool to find different employment and job search services available in Sault Ste. Marie.

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, CRS,CRS-DC
Settlement.Org
7/1/2019
Topic:
Remove Father's Name on Birth Certificate

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in what your options are.

You mentioned you have already tried other options. Unfortunately all we can suggest that you may want to contact Service Ontario at 1-800-461-2156 and a representative will be able to assist you and provide you some information regarding what is possible and if there are any other options in this 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, CRS, CRS-DC
Settlement.Org
7/1/2019
Topic:
Permanent Resident Travel Document- PRTD- Question

Moderator
Moderator
Hello,

Thank you for sharing your question with us.

You can find details specific to that process on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Permanent resident travel document: About the process section.

You need to send your PRTD application through a visa application centre (VAC). After that, a VAC agent will review your application to make sure your it is complete and has all the documents specified in the checklist.

If a visa officer approves your application, they will return your passport and original documents to you with your permanent resident travel document.

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, CRS, CRS-DC
Settlement.Org
7/1/2019
Topic:
Was a PR before PR cards existed - Do I need it?

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

You require a PR card in order to re-enter Canada when travelling by a commercial carrier.

In terms of re-entering Canada, you can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

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

Canada’s entry requirements are changing

Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

Returning by private vehicle

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

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

Returning by commercial vehicle: airplane, bus, train, or boat

You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to 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, CRS, CRS-DC
Settlement.Org
7/3/2019
Topic:
Divorce in India or Toronto?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information regarding getting a divorce in our Settlement.Org How can I get a divorce in Ontario? article.

Here is an excerpt,

How do I begin a divorce process?


Before starting a divorce, it is recommended that you seek legal advice from an expert in family law. An expert such as a lawyer can tell you how the law applies to your case and how you can protect your rights. You can find a lawyer or ask for some information and referrals at a Family Law Information Centre in an Ontario family court.

To start the divorce process, you must:
  • Fill out a divorce application.
  • Submit the application at an Ontario courthouse.
  • Pay the required court fees.
  • Follow any court rules and procedures given.

  • There are several costs to getting a divorce in Ontario. For that information, read the answer to How much does a divorce cost? on the website of the Ministry of the Attorney General.


    You may want to contact the nearest Family Law Information Centre to speak to an Information and Referral Coordinators (IRCs) to see if they can provide you some details 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,CRS
    Settlement.Org
    7/3/2019
    Topic:
    Working in USA for a Canadian Incorporated Company

    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 provide a definitive response regarding whether or not based on your employment situation you can renew your PR card.

    However, you can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 Loss of permanent resident status enforcement manual. Here is an excerpt,

    6.2 Canadian business

    The definition applies to both large and small businesses, and includes:

    • federally or provincially incorporated businesses which have an ongoing operation in Canada;
    • other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents or Canadian businesses;
    • enterprises which have been created by the laws of Canada or a province.

    Note: It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada R61(2).


    and

    6.5 Employment outside of Canada

    The regulations enable permanent residents to comply with the residency obligations while working abroad, provided that:

    - they are under contract to, or are full-time employees of a Canadian business or in the public service, where the assignment is controlled from the head office of a Canadian business or public institution in Canada;
    - they are assigned on a full-time basis as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client;
    - they maintain a connection to a Canadian business;
    - the are assigned on a temporary basis to the work assignment; and
    - they will continue working for the employer, in Canada, after the assignment.


    We strongly suggest that it is important and probably best that you speak to a reputable Lawyer or a registered and reputable Immigration Consultant who is familiar with Canadian immigration issues for additional information regarding your situation and before you start any application processes.

    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, CRS,CRS-DC
    Settlement.Org
    7/3/2019
    Topic:
    Already in Canada-When does 1st PR Card arrive?

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and questions with us.

    Are there any updates regarding your situation?

    Was your situation resolved?

    We hope it worked out as you had planned.

    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, CRS
    Settlement.Org
    7/3/2019
    Topic:
    Foreign Worker - Notice Period

    Moderator
    Moderator
    Hello Ra,

    Thank you for sharing your situation and question with us.

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

    It may be best that you speak to a reputable Lawyer who is familiar with employment law and employment issues for additional information regarding your situation and to find out what your rights 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, CRS
    Settlement.Org
    7/3/2019
    Topic:
    Returing to Canada

    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.

    Regarding your question about paying taxes, you may want to contact the Canada Revenue Agency once you arrive or even from abroad.

    You can find some contact phone numbers on the Canada Revenue Agency website in the Telephone numbers – Canada Revenue Agency section.

    Regarding declaring your assets when returning to Canada, you can find some information on the Canada Border Services Agency (CBSA) website in the I Declare: A guide for residents returning to Canada 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, CRS, CRS-DC
    Settlement.Org
    7/3/2019
    Topic:
    G1 Driver's Licence Cancellation

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and questions with us.

    We can appreciate that you would be interested in finding out what your options are in this situation.

    You can find some information on the Ontario.ca website in the How do I surrender my licence? section.

    In terms of cancelling your bank accounts, you may want to contact the financial institutions 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, CRS, CRS-DC
    Settlement.Org
    7/3/2019
    Topic:
    OHIP or IFHP?

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    You can find some information regarding the eligibility requirements for OHIP in our Settlement.Org Who is eligible for OHIP? article.

    One of the requirements is that you are a "protected person," also called a convention refugee.

    Once you have met the requirements listed there, you are eligible to apply for OHIP.

    Ministry of Health staff can help you determine if you are eligible for Ontario health coverage. Call the ministry INFOline:
    • In Ontario:1-866-532-3161
    • In Toronto: 416-314-5518
    • TTY: 1-800-387-5559
    Hours of operation: 8:30 a.m. - 5 p.m. You can also email [email protected].

    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, CRS, CRS-DC
    Settlement.Org
    7/3/2019
    Topic:
    Health Card - BC to Ontario

    Moderator
    Moderator
    Hello,

    Thank you for sharing your situation and question with us.

    You mentioned that you do not have permanent residency as yet. You may need to review the requirements for OHIP in our Settlement.Org Who is eligible for OHIP? article.

    If you are an international student, you may find some helpful information in our Settlement.Org What kind of health insurance do international students get? 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, CRS, CRS-DC
    Settlement.Org
    7/3/2019
    Topic:
    PP&PR Applicant: Father in homeland may pass away

    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 and that you would be concerned about this situation.

    We are sorry to hear about your father falling ill and the situation that you find yourself in.

    We suggest that it probably best that you speak to a reputable Lawyer or a registered and reputable Immigration Consultant who is familiar with Canadian immigration issues for additional information regarding your situation and to find out if you have any options.

    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, CRS, CRS-DC
    Settlement.Org