Old Age Security - Legal Status Requirement
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Old Age Security is a government-funded and administered pension that provides monthly payments to eligible Canadians that are 65 years of age or older. One of eligibility requirements to receive Old Age Security pension payments, is that the applicant-recipient meet the legal status requirement. The legal status requirement requires that you are or were lawfully in Canada in accordance with Canadian immigration laws.
If you live in Canada, you must be a Canadian citizen or a permanent resident or hold a certificate of Indian Status or a temporary resident permit on the day before you are approved.
If you live outside of Canada, you must have been a Canadian citizen or a permanent resident or have held Indian Status or a temporary resident permit on the day before you left Canada.
The federal government has specified that the following documentation is required to prove your legal status in Canada:
For individuals born in Canada and living in Canada for all their life, they do not need to prove their legal status.
For individuals born in Canada and having become a citizen of another country before February 15, 1977, they may have given up their Canadian citizenship, and are directed to contact Immigration, Refugees and Citizenship Canada (IRCC) to ascertain their legal status.
For individuals born outside of Canada, one of the following documents is required:
• Certificate of Canadian citizenship, naturalization certificate, or Canadian passport issued in 1970 or later;
• Canadian immigration documents (i.e., IMM 1000 – Record of Landing or Permanent Resident Card) or Canadian immigration stamp on their passport;
• Certificate of Indian Status (applicable only to registered Indians who are members of Canadian Indian reserves); or
• Temporary Resident Permit.
For individuals who enter Canada under a sponsorship agreement, they must provide confirmation of permanent residence, under IMM 5292 or IMM 5688, showing the length of sponsorship undertaking.
Should an individual not have the requisite original documents or their documentation does not indicate the information that is required, they need to proceed through Service Canada for purposes of obtaining the requisite information from Immigration, Refugees and Citizenship Canada (IRCC).
In addition to the legal residence requirement, an applicant-recipient for Old Age Security pension payments will need to satisfy the residence requirement.
As with most government administered programs, there is considerable complexity that can arise with individual circumstances that are not clear cut for government workers to determine and administer. In those circumstances, it is important that you delve into greater detail about the Old Age Security pension program, including the considerable amount of information and legislation provided by the federal government, together with speaking with knowledgeable professionals. span>
If you are looking into Old Age Security, our law firm provides legal services of potentially significant value, including estate planning, wills and trusts, together with all too frequently overlooked employer payment obligations due to Canadian employees at the end of their employment. To learn more, contact our law firm today to schedule a confidential consultation at Chris@NeufeldLegal.com or 403-400-4092.