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11/30/2021
Topic:
Sponsoring my father

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

For the first question, the answer is yes – you need to be financially responsible for both your mother and your father’s dependent child. You must prove that you have enough income to support all the people you “could” be sponsored by you once you become a sponsor. Also, you need to declare everyone in the application whether they are coming to Canada or not.

To calculate how many people that you will be responsible for, please refer to this page and below:

In assessing whether a sponsor – and co-signer, if applicable – meets the financial criteria for sponsorship, family size is determined by counting the total number of persons as follows:
  • the sponsor
  • the sponsor’s spouse or common-law partner (whether or not they are co-signing the undertaking)
  • dependent children (based on the R2 definition) of the sponsor and/or the sponsor’s spouse or common-law partner
  • the number of persons being sponsored on the application being assessed, i.e. the principal applicant and any accompanying or non-accompanying dependants
  • the number of persons the sponsor has previously sponsored (or acted as a co-signer for) and their family members for whom the duration of the undertaking (R132) remains in effect
  • if the sponsor’s spouse or common-law partner is co-signing, the number of persons they have previously sponsored (or acted as a co-signer for) and their accompanying family members for whom the duration of the undertaking (R132) remains in effect
  • any person sponsored – or co-signed for – who is still being processed and has not yet become a permanent resident. This information is available in the Global Case Management System (GCMS)
Note: Children who meet the definition of a dependent child must be included in the calculation, even if the sponsor does not have custody or does not provide child support. This ensures MNI is met in the event that custody arrangements change during processing.

For the second question, the answer is no. Since the dependent child’s mother was never married to your father and their relationship has ended, she should not be counted in your family size.

For the third question, the answer is yes. If the kid doesn’t come now, then the father can sponsor at a later date (and be financially responsible for the kid). You will still need to include the kid and prove that you could be financially responsible for the kid. However, there is an age limit as to who qualifies as a “dependent child”. Therefore, it might be best that the kid comes NOW on this application and you are the one responsible for them.

We hope that the information we provided is helpful to you. We would also recommend you seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.

Please let us know if you have further questions.

Sincerely,


Your Settlement.Org team

Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
11/30/2021
Topic:
Spouse with expired PR

Moderator
Moderator
Hello,

Thank you for sharing your questions with us! We are happy to provide a high level answer your questions.

As you have heard, one does not lose Permanent Resident status by a breach of residence requirements, the expiration of a PR card or other non-action. Although Canada has a requirement that you spend at least 730 days within the last five years inside Canada in order to maintain PR status, there are certain situations where time outside could still fall within that requirement. Living outside Canada with your common-law partner who is a Canadian citizen counts towards that and so your PR status is still valid. This means that you would only need to renew your PR card.

A PR card can only be delivered to the applicant at a Canadian address. IRCC does not send PR cards to third parties. On occasion, IRCC may ask an applicant to pick up the card at a local IRCC office. Therefore, you would need to be in Canada in order to receive your card.

An expired PR card is not a sufficient travel document. You do need a valid PR card to enter Canada through the US. However, you may apply for a Permanent Resident Travel Document (PRTD) (IMM 5529). This document is to satisfy transportation companies that you are allowed to travel into Canada as permanent residents even without your PR card. This is the only way to enter Canada without a valid PR card as a permanent resident. You can learn more about the application process and what documents are required here. You will need to show proof that your spouse is a Canadian citizen and proof that you are the spouse.

Once you return to Canada, you can then apply for a new PR card here.

Regarding the odds of success with CBSA, we recommend you consult a lawyer to more specifically identify the likelihood of success based on your case.

Please let us know if you have further questions.


Sincerely,


Your Settlement.Org team

Disclaimer:
This document does not contain legal advice.

This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
11/30/2021
Topic:
Learning French

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some helpful information in our Settlement. Org Where can I learn French? article for FSL programs for adults, and NewYouth.ca's article Where can I learn French? for FSL programs for youth.


You may also want to dial 211 on a phone for free and speak to an information and referral specialist who will refer you to programs in your area. 211 is a free, confidential service that is available 24 hours a day, 7 days a week.

If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Sincerely,


Your Settlement.Org Team
11/30/2021
Topic:
Locks on doors in my rental unit

Moderator
Moderator
Hello there,

Thank you for sharing your situation and question with us, we can appreciate that you would be very concerned about this situation.

It is best that you contact a community legal clinic for some advice regarding your situation. You may also wish to call the Landlord and Tenant Board at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board resolves disputes between residential landlords and tenants.

It may also help to connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service.

Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,


Your Settlement.Org Team
11/30/2021
Topic:
Financial aid

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information regarding OSAP eligibility in our Settlement.Org articles Who is eligible for the Ontario Student Assistance Program (OSAP)? and What kinds of financial help can I get for my education?

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.


Sincerely,


Your Settlement.Org team
11/30/2021
Topic:
Can a person on work permit get married?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information in our Settlement.Org articles How do I get married in Ontario? and Who can get married in Ontario?

Here is an excerpt,

To get married in Ontario, you do not have to be a Canadian citizen or live in Ontario. The first step to getting married in Ontario is to get a marriage license.


You may wish to consult a lawyer or immigration consultant regarding immigration and sponsorship pathways for your partner. You may find helpful information in the Settlement.Org articles, How do I find a lawyer? and What other kinds of legal help can I get? on how to find a reputable and registered lawyer or immigration consultant. It may also help to connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.

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.


Sincerely,


Your Settlement.Org team
11/30/2021
Topic:
Does a landlord have to provide a working oven?

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

According to Steps to Justice in the article, Can I take my Landlord to the Landlord and Tenants Board if they won't fix something? "If you rent your home, it is your landlord's job to repair and maintain it. Your landlord must fix or replace anything that is in bad condition or does not work properly. This includes things that came with your place, such as appliances like a fridge or stove. It also includes common areas, like parking lots, elevators, and hallways. It doesn't matter if your lease or rental agreement says something different. It also doesn't matter if you knew about the problem when you agreed to rent the place. The law says your landlord is responsible."

It is best that you contact a community legal clinic for some advice regarding your situation. You may also wish to call the Landlord and Tenant Board at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board resolves disputes between residential landlords and tenants.

It may also help to connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service.

Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,


Your Settlement.Org Team
11/30/2021
Topic:
Can I renew my OHIP and Drivers Licence Online?

Moderator
Moderator
Katryn wrote:
Most of the people needing to renew a health card who do not drive are elderly or disabled. Do you not realize that these are exactly the people who find it hard to go to a Service Canada office to apply in person?
It is totally illogical that one can only only apply for both a health card and driver’s license together online.



Hi there,

While it is unfortunate you cannot renew your health card online without a drivers license, if you want to avoid visiting a Service Ontario in person, it is recommended that you continue using an expired card to access health services. If you do not have a health card at all, you may have to visit a Service Ontario in person. Feel free to also contact Service Ontario’s INFOline at 1-866-532-3161 for advice specific to your situation.

The Ministry of Health also accepts questions directly on their website, if you feel passionately about this matter, you may also wish to connect with your M.P.P. by writing them a letter. You can find information on how to contact your local representative for provincial parliament on the Ontario Legislative Assembly website.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Your Settlement.Org Team
11/30/2021
Topic:
Owning a Tax Free Saving Account as a non-resident

Moderator
Moderator
Hello There,

Thank you for sharing your situation and question with us.


We can appreciate that you would be interested in this type of information. For information specific to your situation, it is best that you contact the Canada Revenue Agency directly. You can contact them using this phone number: 1-800-387-1193 (Canada and United States)

You may also find helpful information in the Settlement.Org article, Do I have to file a tax return?
Here is an excerpt:
Canadian residency for tax purposes is not the same as residency for immigration purposes.
What if I am outside of Canada?
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.
If you maintain residential ties in Canada, you may still be considered a Canadian resident for tax purposes. In this case, you have to pay Canadian income tax on your worldwide income.


There are helpful guides in this article that would support you in determining residency status for tax purposes.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.



Sincerely,

Your Settlement.Org Team
11/30/2021
Topic:
Temp. Resident Visa; waiting for PR

Moderator
Moderator
Hi there,


Thank you for sharing your situation and question with us.

Wait times for processing applications may be longer than usual due to COVID-19. For updates related to your specific case it is best that you contact IRCC (formerly CIC) using their web form. It may also be useful to note that processing time does not include the wait time before they receive the application, and starts once they receive a completed application. You may find it helpful to check processing times using the calculator on the IRCC website. If, as a permanent resident, you find yourself in a position where you need to travel and do not yet have your PR card, you may also find helpful information in the Settlement.Org article, I need to leave Canada but do not have my PR card yet. What should I do?

Here is a excerpt:
Ideally, you should wait until you have your Permanent Resident (PR) card. If you must leave Canada, you should apply for a Permanent Resident Travel Document from a Canadian visa office abroad as soon as you reach your destination. The only official documents that permanent residents of Canada can use to travel back to Canada on a commercial carrier (by air, land or sea) are the PR card or a Permanent Resident Travel Document (PRTD), also known as a Travel Document (Permanent Resident Abroad) issued by a Canadian visa office abroad.



We hope this information is helpful. If you have any additional questions, please feel free to post them here.


Sincerely,


Your Settlement.Org Team
12/2/2021
Topic:
Postponing required entry date

Moderator
Moderator
Hello,

Thank you for sharing your questions with us.


If you or your spouse’s application for Canadian permanent residency is approved, a Confirmation of Permanent Residence document (COPR) will be issued. COPRs are valid for one (1) year after issuance. Once the COPR is issued and received outside Canada, the applicant must come to Canada to complete the PR process and apply for and receive their PR card within one (1) year.

If the COPR expires before the applicant can come to Canada, Immigration, Refugees and Citizenship Canada (IRCC) may email to ask if the applicant still wishes to get permanent residency of Canada. IRCC may then ask for new medical records and other relevant information for updates. If IRCC decides to make an exception for the expired COPR, IRCC may issue a new COPR to the applicant. If IRCC decides to close the file, the applicant will have to reapply. Please note that there are risks associated with letting your COPR expire and relying on IRCC’s goodwill to have a new one issued. We strongly recommend that you do your utmost to “land” within the one (1) year window provided by IRCC.

Your child can be a Canadian citizen if at least 1 parent became a naturalized Canadian citizen before the child was born. To find out if your child can apply for Canadian citizenship, please follow the questionnaire located here: apply for a citizenship certificate.

If your wife gives birth before a decision is made on the application, you can add the child to the application. You can use the online tool to find out if your child is a dependent.

If the child will not be eligible for Canadian citizenship by virtue of you or your wife being a Canadian citizen at the time of their birth, an option is to sponsor your child. Parents who are permanent residents can only sponsor a family member while they are residing in Canada. If you were to proceed on this path, once you or your wife become Landed Permanent Residents and are physically present in Canada, an application for sponsorship can be submitted.

If your newborn child becomes a citizen of a country that requires visa for entering Canada, your child will need a Temporary Resident Visa (TRV). If the child does not need a visa, the child will then need an electronic travel authorisation (eTA) for entering Canada.

As set out in section 52(1) of the Immigration and Refugee Protection Regulations, your child cannot come to Canada without a passport or travel document:

  • 52 (1) In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized for their stay:
    • (a) a passport that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;
    • (b) a travel document that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;
    • (c) an identity or travel document that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;
    • (d) a laissez-passer that was issued by the United Nations;
    • (e) a passport or travel document that was issued by the Palestinian Authority;
    • (f) a document that was issued by the Organization of American States and is entitled “Official Travel Document”;
    • (g) a passport issued by the United Kingdom to a British Overseas Citizen;
    • (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
    • (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or
    • (j) a passport issued by the United Kingdom to a British Subject.
  • (1.1) [Repealed, SOR/2003-260, s. 1]
  • Marginal note:Exceptions
(2) Subsection (1) does not apply to
  • (a) citizens of the United States;
  • (b) persons seeking to enter Canada from the United States or St. Pierre and Miquelon who have been lawfully admitted to the United States for permanent residence;
  • (c) residents of Greenland seeking to enter Canada from Greenland;
  • (d) persons seeking to enter Canada from St. Pierre and Miquelon who are citizens of France and residents of St. Pierre and Miquelon;
  • (e) members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act who are seeking entry in order to carry out official duties, other than persons who have been designated as a civilian component of those armed forces;
  • (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or
  • (g) persons seeking to enter Canada as members of a crew who hold a seafarer’s identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada.
  • (3) [Repealed, SOR/2010-54, s. 3]

Additional documents may be needed to prove the relationship between the child and the parents. These documents may include any medical records relating to the pregnancy and DNA testing.
You can inform IRCC about your situation and contact your local Canadian embassy for more information.

If you can provide us with more information on your and your spouse’s residency status (i.e. PR or Foreign National), we may be able to provide a further response to your question.

Finally, we noted that Canada has implemented travel restrictions to reduce the spread of COVID-19 that you must comply with. Up to date restrictions can be found here: https://travel.gc.ca/travel-covid.

We hope that the information we provided is helpful to you. We would also recommend you to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.

Please let us know if you have further questions.

Sincerely,

Your Settlement.Org team

Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC Western law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
12/2/2021
Topic:
PASSPORT REQUEST for PRTD

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

It may be a good idea to contact your local visa office or IRCC via web form to get information and advice specific to your situation.



Generally after you apply for a Permanent Resident Travel Document,
After you send your application through a visa application centre (VAC), a VAC agent will review it to make sure your application is complete and has all the documents specified in the checklist.
A visa officer will then assess your application to determine whether you have met your residency obligations and whether you are still a permanent resident of Canada. The visa officer will decide if you need an interview. If you do, the VAC will tell you the time and place of your interview.
If a visa officer refuses your application, we will return your passport and other documents to you. If you sent false documents, we will not return them.

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




We hope this information is helpful. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about this situation. We hope this information is helpful, if you have any additional questions, please feel free to post them here.


Sincerely,

Your Settlement.Org Team
12/17/2021
Topic:
Parents sponsorship

Moderator
Moderator
Hi there,

Thank you for sharing your question and situation with us.

According to IRCC:
If a sponsor is unable to meet financial requirements on their own, they may include information on the financial resources of their spouse or common-law partner provided that person co-signs the sponsorship application, where applicable. A sponsor cannot pool financial resources with other relatives in order to meet MNI. Any income claimed by a sponsor or co-signer should be income they declared on their Canadian tax return.


As a rule, financial resources must originate from Canadian sources. An officer can, however, consider income received from foreign sources if it was declared by the sponsor to the Canada Revenue Agency (CRA) and appears on their Notice of Assessment (NOA). It is important to note that income abroad may not be a reliable indicator of future or stable employment in Canada. IRCC staff cannot easily verify if foreign income can be transferred to Canada and converting foreign income into Canadian dollars can be resource-intensive. In cases of default, collection and litigation, it is easier to recover income from Canadian sources.




You may wish to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.

We hope this information is helpful, if you have any further questions please feel free to post them here in the forum.

Sincerely,

Your Settlement.Org team
12/17/2021
Topic:
Problems with my Ontario Works Caseworker

Moderator
Moderator
Hello There,

Thank you for sharing your situation and question with us. I’m sorry to hear that your OW worker isn’t supporting you the way you need.


You may find helpful information in Make a Complaint about Employment & Social Services. You may wish to make a complaint to management in your local office, and here is an excerpt on next steps:

If you are not satisfied with how your complaint has been handled, you can contact staff at the Client Services & Information Unit for further assistance. All complaints received are formally recorded and reviewed by management staff. The information you provide will be used to investigate the complaint. You may be contacted by phone for more information.

What happens if I disagree with the outcome of my complaint?
If you are not satisfied with the response to your complaint, you may contact the General Manager’s Office, at 416-397-9682, for a further review.

If you are not satisfied after contacting the General Manager’s Office, you may contact the Office of the Ombudsman, City of Toronto at 416-392-7062, or by email at [email protected]. For more information, visit the website for the Toronto Ombudsman.


You may also find some helpful information in the discussion forum thread: Ontario Works Caseworker ignoring my emails.

Here is an excerpt:
You can contact your local office for more information or escalate your complaint above your caseworker and their direct supervisor.

If you’d like to file a complaint about your worker and the way they have conducted themselves professionally you can submit a complaint to the Ontario College of Social Workers and Social Service Workers.

If you wish to make a complaint about the Ministry of Children, Community and Social Services itself, you can do so through the Ombudsman of Ontario.


Settlement.Org also has a Financial Assistance section, where you can find information on various government programs and financial supports you may be eligible for, as well as, our emergency housing section if you are in need of short-term accommodation.

You may want to connect with a settlement agency that provides employment services using our Services Near Me section. Settlement agencies can also help you find financial assistance options as well as housing help.

It may help to connect with a community resource navigator at 211 to narrow your search.

211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.


We hope this information is helpful. If you have any additional questions, please feel free to post them here.



Sincerely,

Your Settlement.Org Team
12/17/2021
Topic:
How to enter and then return to US

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.


You may want to try and contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre to see if they have any information regarding the processing times for your PR card.

In terms of leaving Canada, you can find some helpful information in the Settlement.Org article, I need to leave Canada but do not have my PR card, what should I do?

Here is an excerpt:
Ideally, you should wait until you have your Permanent Resident (PR) card. If you must leave Canada, you should apply for a Permanent Resident Travel Document from a Canadian visa office abroad as soon as you reach your destination.

The only official documents that permanent residents of Canada can use to travel back to Canada on a commercial carrier (by air, land or sea) are the PR card or a Permanent Resident Travel Document (PRTD), also known as a Travel Document (Permanent Resident Abroad) issued by a Canadian visa office abroad.


We hope this information is helpful. Please let us know if you have further questions by posting here in the forum.

Sincerely,


Your Settlement.Org team