Spousal sponsorship & non tax resident

[illakiya66]

Hi,
I am a PR who landed weeks ago in Canada and joined a job recently. I am planning to sponsor my wife in few months. One of the required document is my NOA . Since I didn't meet the tax resident requirement ( physically present in canada for 182 days in current year) , i will be defaulted to non-tax resident category.
Will this arise a doubt or affect my spousal sponsorship in any way? Should I need to explain in detail reg this or can simply apply my application?

 

[armoured]

Hi,
I am a PR who landed weeks ago in Canada and joined a job recently. I am planning to sponsor my wife in few months. One of the required document is my NOA . Since I didn't meet the tax resident requirement ( physically present in canada for 182 days in current year) , i will be defaulted to non-tax resident category.
Will this arise a doubt or affect my spousal sponsorship in any way? Should I need to explain in detail reg this or can simply apply my application?

When you say you 'joined a job recently', do you mean in Canada?

I'd simply explain in a letter of explanation that you just landed and started a job in Canada, provide a letter of employment or paystubs or something like that. You should affirm in that letter that you will be residing in Canada (that's part of sponsorship). Since you just landed, you shouldn't need/can't get NOA.

That's for the sponsorship. For the tax filing going forward, I think you're mistaken (assuming you will be residing in Canada) - you will likely be tax resident beginning the day you landed. You will likely need to report (separate part of tax forms I think) income before you landed, but shouldn't have to pay Canadian taxes on that. (They will use the reported income from before that date for certain things like benefits eg carbon tax refunds). You'll also have to report assets abroad and worldwide income from the date of your landing. But for 2024, you'll file taxes in 2025 for the 2024 calendar year.

This may sound a bit intimidating, although it's reasonably self-explanatory (depending on complexity of your personal situation). That said, it can be worth it to hire a tax professional to prepare your returns and get advice. Again, depending on complexity of your situation and finances.

Of course if you're not employed in Canada and not going to reside here - sponsorship may not be accepted. (Employed abroad and residing in Canada - tax resident and tax filing may get complicated - I'm not going to attempt to describe all situations)

 

[illakiya66]

Thank you so much for the detailed explanation. Yes, I have joined a job in canada. I will also try to hire a professional to prepare my tax returns.

Again really appreciate your help. Thank you!!!

 

[YVR123]

Hi,
I am a PR who landed weeks ago in Canada and joined a job recently. I am planning to sponsor my wife in few months. One of the required document is my NOA . Since I didn't meet the tax resident requirement ( physically present in canada for 182 days in current year) , i will be defaulted to non-tax resident category.
Will this arise a doubt or affect my spousal sponsorship in any way? Should I need to explain in detail reg this or can simply apply my application?

Just to echo on previous reply, the 182 days is not a hard requirement. There are other criteria to be a tax resident. Better to consult an accountant whose familiar with cross country and new immigrant income tax in Canada to file your 2024 tax return for next year.

 

[armoured]

Just to echo on previous reply, the 182 days is not a hard requirement. There are other criteria to be a tax resident.

Yes, good point. A very simple 'easiest possible case' though: someone who lands, gets a job in and resides in Canada is almost certainly a tax resident. Even if somewhat less than 182 days.

But having done this: for someone who has not been residing or working in Canada, arrives/lands and gets PR status (and therefore usually does not have taxable income in Canada before landing), and then starts working - it is mostly not that complicated a case.

That's not to dissuade anyone from seeing a tax professional - but rather to underline that there's not much to be afraid of and with determination you can get through the tax filing procedure on your own.

Every country's tax system is different though and can be hard to understand at first.

Better is that for simple cases, tax preparation companies and software are plentiful and not that expensive.

 

[j_2024]

I'll just chime in because of my recent experience.

I landed at the end of 2022 on an IEC work permit and was recently told by the CRA and my accountant that I actually had to file for that year. Like you, I assumed I wouldn't be tax resident because doing taxes for 2 weeks of being here seemed like a silly idea.

As @armoured mentioned, you're likely tax resident from day 1.

"You become a resident of Canada for income tax purposes when you have enough residential ties in Canada. You usually establish residential ties on the day you arrive in Canada."

This includes things like renting a place, having bank accounts, etc.

The CRA has a section for newcomers:

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/newcomers-canada-immigrants.html#h_1