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8/31/2019
Topic:
PR Expired-Child is Canadian Citizen

Moderator
Moderator
Hello,

Thank you for sharing your question and situation with us.

First of all, we are sorry to hear that your father has passed away. Please accept our condolences.

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

Regarding what you have stated about permanent residency being expired, 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.

This means that your PR status needs to be formally removed.

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


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.

According to the Immigration, Refugees and Citizenship Canada (IRCC) 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.


It also states in relation to the process of loss of permanent residency,


5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.


Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.


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), they may still have the opportunity to satisfy the two-year “in Canada” requirement.

As you may already know, a PR card or a Permanent Resident Travel Document (PRTD) is required to re-enter Canada.

We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding you and your family's situation and before you all apply for a Permanent Resident Travel Document (PRTD) or before you try to renew PR cards.

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, CCRS, CCRS-DC
Settlement.Org
8/31/2019
Topic:
Coverage while in Another Province

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

It is best to contact the Ministry of Health and Long-Term Care for some information specific to your situation.

Call ServiceOntario, INFOline at:
1-866-532-3161 (Toll-free)
In Toronto, (416) 314-5518
TTY 1-800-387-5559.
In Toronto, TTY 416-327-4282
Hours of operation: Monday to Friday, 8:30am - 5:00pm

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, CCRS, CCRS-DC
Settlement.Org
8/31/2019
Topic:
Travelling as a Dual National + Canadian PR

Moderator
Moderator
Hello Stacey,

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 that you contact the IRCC Call Centre 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, CCRS, CCRS-DC
Settlement.Org
8/31/2019
Topic:
Canadian Experience Class

Moderator
Moderator
Thank you for sharing your situation and question with us.

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

Unfotunately, we are unable to provide detailed information regarding this type of immigration application process.

It is best that you contact the IRCC Call Centre 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, CCRS, CCRS-DC
Settlement.Org
8/31/2019
Topic:
Citizenship Eligibility

Moderator
Moderator
Hello Mark,

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 that you contact the IRCC Call Centre 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, CCRS, CCRS-DC
Settlement.Org
8/31/2019
Topic:
PR Enquiry

Moderator
Moderator
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 that you contact the IRCC Call Centre 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, CCRS, CCRS-DC
Settlement.Org
8/31/2019
Topic:
Injustice from MTO - Where do we complain?

Moderator
Moderator
Hello,


Thank you for sharing your situation with us.

We can appreciate that you would be concerned and frustrated with this situation.

You may be able to find some helpful information in our Settlement.Org How do I make a consumer complaint? 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, CCRS, CCRS-DC
Settlement.Org
9/5/2019
Topic:
PR Renewal - Accompanying Canadian Citizen abroad

Moderator
Moderator
Hello,

Thank you for sharing your additional questions with us.

Just for clarification, when you refer to your PR expiring and applying for renewal, if you are referring to renewing your PR card, unfortunately, you can only renew your PR card in Canada.

You can find some detailed information regarding the process to and what is required to enter Canada on the Immigration, Refugees and Citizenship Canada (IRCC) website in the What happens if my permanent resident card expires while I am outside Canada? section.

Here is an excerpt,

You can only renew your card in Canada. We don’t send PR cards to non-Canadian addresses and we don’t allow third parties to get them for you.

If you’re outside Canada and don’t have a valid PR card, you need a permanent resident travel document (PRTD) to return to Canada. You can only apply for a PRTD from outside Canada. If you try to return to Canada without a PR card or PRTD, you may not be able to take your flight, train, bus or boat to Canada.


You can find some examples and detailed information regarding what type of supporting documents are acceptable, specifically when applying for a permanent resident travel document (PRTD).

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, CCRS, CCRS-DC
Settlement.Org
9/5/2019
Topic:
Re-application of PR card

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

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

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.

This means that your PR status needs to be formally removed. The fact that your PR card may have expired does not mean that you have automatically lost your PR status.

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


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.



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.


We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your family's 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
9/5/2019
Topic:
Expired PR cards were Seized at Port of Entry

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 type of situation.

You may want to speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation and to confirm how you should proceed.

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, CCRS, CCRS-DC
Settlement.Org
9/16/2019
Topic:
Notice of Moving Out

Moderator
Moderator
Hello,

Thank you for sharing this situation and question with us.

We can appreciate that you would be concerned about this situation and that you would urgently want to know what the options are.

You may want to contact the nearest Community Legal Clinic for some advice regarding your situation.

If you do not qualify to receive services from a Community Legal Clinic, please contact the Landlord and Tenant Board 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, CCRS,CCRS-DC
Settlement.Org
9/16/2019
Topic:
Is Landlord Responsible for Air Duct Cleaning?

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 for some advice regarding your situation.

If you do not qualify to receive services from a Community Legal Clinic, please contact the Landlord and Tenant Board 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, CCRS,CCRS-DC
Settlement.Org
9/17/2019
Topic:
Company Verification-Is this a Scam? - Please Help

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

First of all, it is great that you are looking into this further before paying any requested amounts. This is an extremely important step.

We can appreciate that you would be interested in verifying this offer and this company.

It is important to review the website for inconsistencies.

After a quick review, there are several, significant inconsistencies.

If you review the "Directions" section in the "Contact" section of the site, you will see that the locations, streets, buildings and businesses do not correspond to buildings in Toronto.

In that section it also provides directions and states highways and street names that do not exist in Toronto.

In the section regarding travelling by train, there are references to companies that do not exist in Canada.

We suggest that you continue to do an in-depth review of the site and the company. Please be very wary.

It is really important to verify any company you are unfamiliar with, especially companies requesting upfront payment.

Thank you very much for posting your inquiry here as it will be very helpful for others who are looking into this company.

We hope that others who may have had experiences or contact with this situation can share their comments and suggestions.

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, CCRS, CCRS-DC
Settlement.Org
9/27/2019
Topic:
Work Permit - Accompanying Family Members

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 contact the IRCC Call Centre 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, CCRS, CCRS-DC
Settlement.Org
9/27/2019
Topic:
Sponsorship - Financial Proof Questions

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 contact the IRCC Call Centre 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, CCRS, CCRS-DC
Settlement.Org