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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85934
Experience:  Lawyer
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I am a Canadian woman, I am marrying a Jamaican man, we want

Resolved Question:

I am a Canadian woman, I am marrying a Jamaican man, we want to live in Jamaica, but get papers so we can eventually move between the two countries freely. (we both have children- who would stay in their countries. How do i do this- and we would be living there first- so how do i stay there legally after our marriage and be able to work. Is it true that you get Jamaican citizenship after getting married?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.

Debra Thal (username) :

There are not lawyers from Jamaica on this site.

Debra Thal (username) :

I can answer the question about how he can come up and back to Canada easily if you like but that's all I can do.

Customer:

sure- i guess that will have to do- i cant seem to find information at all

Debra Thal (username) :

Re Jamaica, why not contact their embassy in Canada?

Customer:

so can i apply from within jamaica?

Debra Thal (username) :

In terms of Canada, you can sponsor him as your spouse.

Debra Thal (username) :

You can do that from within Jamaica but you need to return home and he needs to move to Canada to get the PR status.

Debra Thal (username) :

After that he can leave and so can you.

Debra Thal (username) :

He has residency requirements to maintain his status until he becomes a citizen.

Customer:

so i can apply in Ja and then return home five months later and then he can com when approved?

Debra Thal (username) :

Normally he must be physically in Canada for 2 years in total out of the first 5.

Customer:

i knew about the 2 year thing- and that wont be a problem

Debra Thal (username) :

But there is an exception and if he is out of the country accompanying a Canadian citizen spouse then he can be out of Canada but it counts as if he were in Canada.

Debra Thal (username) :

Yes.

Debra Thal (username) :

You can start the application process as soon as you are married.

Debra Thal (username) :

And as long as you are living at home when it's granted you are fine.

Debra Thal (username) :

He will then come to Canada and get his PR card.

Customer:

ok

Debra Thal (username) :

Then you are free to do what you want so long as when he leaves Canada you keep track of the days he is outside and keep prove of which days he is with you.

Customer:

ok- so if we travel back to JA for instance together for six months it would count as if we were in Canada- am i clear on that?

Debra Thal (username) :

Yes.

Debra Thal (username) :

So long as he is with you that counts as if he was in Canada.

Debra Thal (username) :

But keep proof so get your passports stamped where possible when you enter Jamaica and Canada.

Customer:

ok- thank you you have spread some sunshine back in my life!

Debra Thal (username) :

Becareful not to lose your provincial health care coverage though.

Debra Thal (username) :

Great!!!!

Customer:

kk- how long can i leave ontario?

Debra Thal (username) :

I think it's 6 months but let me check.

Customer:

before i would lose the coverage?

Customer:

thankyou

Debra Thal (username) :

Here is what the government site says:

Debra Thal (username) :

Ministry of Health and Long-Term Care
Full Size Image






Public Information


Ministry Programs

Ontario Health Insurance Plan


Health Services in Your Community


Questions and Answers


OHIP Eligibility Criteria – Changes to Regulation 552


On April 1, 2009, changes to the OHIP eligibility rules under Regulation 552 under the Health Insurance Act became effective. How do I know if I am affected by these changes?


The changes may impact your eligibility for OHIP coverage if you belong to one of the following groups:



  • Temporary foreign workers with open work permits and their family members

  • Participants in Citizenship and Immigration Canada’s Post-Graduation Work Permit Program and their family members

  • Persons who have applied for a grant of citizenship under section 5.1 of the Citizenship Act (Canada) (i.e. children adopted internationally by Canadian citizens)

  • Persons who have submitted an Application for Permanent Residence

  • Persons who hold a Temporary Resident Permit issued by Citizenship and Immigration Canada

  • Ontario residents pursuing educational opportunities outside of the province

  • Interprovincial movers requiring admittance into a long-term care facility upon arrival in Ontario

  • Charitable workers on out-of-country assignments and their family members

  • Missionaries currently on out-of-country assignments and their family members


For more detailed information about OHIP eligibility and the changes to the OHIP eligibility rules:



If you have questions about your eligibility for OHIP coverage under the new policies, please contact INFOline at 1(NNN) NNN-NNNNor visit your local Service Ontario – Health Card Services – OHIP office.





Am I still eligible for OHIP if I temporarily leave Ontario?


You may be out of the province for up to 212 days in any 12-month period and still maintain your Ontario health insurance coverage provided that you continue to make Ontario your primary place of residence.


To maintain eligibility for OHIP coverage you must be an eligible resident of Ontario. This means that you must :



  • have an OHIP-eligible citizenship/immigration status; and

  • be physically present in Ontario for 153 days in any 12-month period; and

  • be physically present in Ontario for at least 153 days of the first 183 days immediately after establishing residency in the province; and

  • make your primary place of residence in Ontario.


If you will be out of the province for more than 212 days in any 12-month period, please refer to the Longer Absences from Ontario fact sheet.

Customer:

ok- that sounds straight forward. now i do rent an apt in ontario- and i will be quitting my job to sty in JA for five months after my wedding- will i be eligiable to sponsor him still?

Debra Thal (username) :

You don't have to have income to sponsor him. This is an exception to the rule about low income cut-offs because it is a spousal sponsorship.

Debra Thal (username) :

You can sponsor him while remaining in Jamaica the whole time.

Customer:

great! you have been very helpful

Debra Thal (username) :

You just need to be clear that you are moving home with him and he won't get his status until you do.

Debra Thal (username) :

You are very welcome!

Customer:

so when we go to the embassy there i would just tell them that right?

Debra Thal (username) :

You don't go to the embassy.

Debra Thal (username) :

Hold one.

Debra Thal (username) :

on.

Customer:

kk

Debra Thal (username) :


Here is the link to the webpage that has all the information and forms:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Customer:

thanks

Debra Thal (username) :

You are very welcome.

Debra Thal (username) :

Keep my name and if you need help later on you can post on this site again and if you put my name into the subject line I will answer as soon as I can.

Customer:

ok thanks you have been a great help

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85934
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you

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