Income for parents grandparents visa

[sundeep38]

I received invitation to apply for PR visa for my parents for 2021.

I am doubtful about the income requirements. In 2018, I moved from US to Canada in July and started my new job in Canada after arriving here.

Combined income from US and Canadian employers exceeds the income requirements for 2018 but my question is does income from US employer will be counted as proof income. It is mentioned in line 104 as "other employment income" in my tax return and I can see it in 2018 NOA. I have paid taxes for this income as well.

I have gone through below link but not 100% sure if US income is considered as proof of income.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1525&top=14

 

[Naturgrl]

Only Canadian income is eligible. US income…no

As stated into your link,

• your Total Income on line 150 of your Notice of Assessment (NOA) from the Canada Revenue Agency (CRA)

 

[sundeep38]

Only Canadian income is eligible. US income…no

As stated into your link,

• your Total Income on line 150 of your Notice of Assessment (NOA) from the Canada Revenue Agency (CRA)

Thank you . Line 150 of tax return includes both US and Canada income.

Line 101 Canada income
Line 104 US income
Line 150 both Canada and USincome

 

[canuck78]

I received invitation to apply for PR visa for my parents for 2021.

I am doubtful about the income requirements. In 2018, I moved from US to Canada in July and started my new job in Canada after arriving here.

Combined income from US and Canadian employers exceeds the income requirements for 2018 but my question is does income from US employer will be counted as proof income. It is mentioned in line 104 as "other employment income" in my tax return and I can see it in 2018 NOA. I have paid taxes for this income as well.

I have gone through below link but not 100% sure if US income is considered as proof of income.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1525&top=14

Usually only income after arrival in Canada counts. Why would Canada allow people to count income before arriving in Canada if the goal is to reunite people with their parents while they are living in Canada.


US income should only count after you are living permanently in Canada.

 

[sundeep38]

Usually only income after arrival in Canada counts. Why would Canada allow people to count income before arriving in Canada if the goal is to reunite people with their parents while they are living in Canada.


US income should only count after you are living permanently in Canada.

It will be fair if no taxes were collected during the period which I didn't stay. Will reach out to customer service and update the thread.

 

[canuck78]

It will be fair if no taxes were collected during the period which I didn't stay. Will reach out to customer service and update the thread.

Customer service is not really to be trusted they give out incorrect information all of the time. Taxes has nothing to do with it. You were in Canada over 6 months and had access to services so yes you had to pay taxes. Others can confirm that international income while living in Canada is what allows you to qualify. If not someone could be a Canadian tax resident living abroad for 3 years and still qualify for PGP.

You applied for PGP last year when you hadn’t even been living in Canada for 3 years which means you didn’t qualify when you submitted your EOI.

 

[sundeep38]

Customer service is not really to be trusted they give out incorrect information all of the time. Taxes has nothing to do with it. You were in Canada over 6 months and had access to services so yes you had to pay taxes. Others can confirm that international income while living in Canada is what allows you to qualify. If not someone could be a Canadian tax resident living abroad for 3 years and still qualify for PGP.

You applied for PGP last year when you hadn’t even been living in Canada for 3 years which means you didn’t qualify when you submitted your EOI.

I feel there is a gray area here, it is not specifically mentioned that we need to live 3 years before submitting EOI but only to file taxes. Also, regarding the income, it states that Line 150 in NOA's is considered but needs to be clarified whether it is only Canada income.

I feel it is all about whether we can afford without depending on social benefits, if they can verify US W-2 form that income is valid then there shouldn't be an issue.

 

[scylla]

I feel there is a gray area here, it is not specifically mentioned that we need to live 3 years before submitting EOI but only to file taxes. Also, regarding the income, it states that Line 150 in NOA's is considered but needs to be clarified whether it is only Canada income.

I feel it is all about whether we can afford without depending on social benefits, if they can verify US W-2 form that income is valid then there shouldn't be an issue.

It's in the manual. You are right, it's basically a grey area and up to the IRCC officer if they consider or not. Here's the quote:

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.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html#financial

 

[sundeep38]

It's in the manual. You are right, it's basically a grey area and up to the IRCC officer if they consider or not. Here's the quote:

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.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html#financial

Thank you. I saw your message in my previous post too. It is indeed very helpful.

With this information, I am not able to decide whether to go forward with the application (OR) wait for next year. If I submit the application, depending on the processing time 18-24 months, I am not sure I can re-submit it again next year without knowing the outcome of this year application.

To get 100% assurance, do I need to contact a lawyer or any recommendations will be helpful.

 

[scylla]

Thank you. I saw your message in my previous post too. It is indeed very helpful.

With this information, I am not able to decide whether to go forward with the application (OR) wait for next year. If I submit the application, depending on the processing time 18-24 months, I am not sure I can re-submit it again next year without knowing the outcome of this year application.

To get 100% assurance, do I need to contact a lawyer or any recommendations will be helpful.

I can only answer one of these questions. If you have an application in progress where the outcome isn't yet know, you will not be able to submit a new application in a future year. So if you apply this year, that almost certainly means you would not be able to reapply next year since this year's application would still be in progress.

In terms of 100% assurance on whether your application will be accepted and approved, I don't see that anyone here can give you that. Yes, you can try speaking with a lawyer to see what they say. I don't have a recommendation.

 

[sundeep38]

I can only answer one of these questions. If you have an application in progress where the outcome isn't yet know, you will not be able to submit a new application in a future year. So if you apply this year, that almost certainly means you would not be able to reapply next year since this year's application would still be in progress.

In terms of 100% assurance on whether your application will be accepted and approved, I don't see that anyone here can give you that. Yes, you can try speaking with a lawyer to see what they say. I don't have a recommendation.

Thank you. If it wasn't lottery, I wouldn't hesitate to file next year. I will talk to lawyer, may be they might have similar profiles previous years.

 

[canuck78]

Thank you. If it wasn't lottery, I wouldn't hesitate to file next year. I will talk to lawyer, may be they might have similar profiles previous years.

I feel there is a gray area here, it is not specifically mentioned that we need to live 3 years before submitting EOI but only to file taxes. Also, regarding the income, it states that Line 150 in NOA's is considered but needs to be clarified whether it is only Canada income.

I feel it is all about whether we can afford without depending on social benefits, if they can verify US W-2 form that income is valid then there shouldn't be an issue.

The majority of the cost of PGP come from parents come using healthcare, qualifying for OAS/GIS, many well off are still applying for low income senior programs because their parents aren’t making any income so your income is often not related to the cost of services that your parent will use. In general the program is meant to provide an added benefit for those who have been Canadian taxpayers after a certain point and usually after over 3 years. Many have attempted to get selected for 3+ years after they met LICO for 3+ yrs. In general we have seen foreign income count while a person has been living permanently in Canada. This is not a common case so tough to say if a lawyer will be able to provide reliable advice. Processing times are 18-24+ months so you could miss out on the next 1-2 draws depending on when they are held.

 

[sundeep38]

The majority of the cost of PGP come from parents come using healthcare, qualifying for OAS/GIS, many well off are still applying for low income senior programs because their parents aren’t making any income so your income is often not related to the cost of services that your parent will use. In general the program is meant to provide an added benefit for those who have been Canadian taxpayers after a certain point and usually after over 3 years. Many have attempted to get selected for 3+ years after they met LICO for 3+ yrs. In general we have seen foreign income count while a person has been living permanently in Canada. This is not a common case so tough to say if a lawyer will be able to provide reliable advice. Processing times are 18-24+ months so you could miss out on the next 1-2 draws depending on when they are held.

It all makes sense but the wording of the eligibility is not clear though in this case. May I know if you have seen any cases and their outcome with foriegn income count while a person has been living permanently in Canada.

 

[canuck78]

It all makes sense but the wording of the eligibility is not clear though in this case. May I know if you have seen any cases and their outcome with foriegn income count while a person has been living permanently in Canada.

Your income wasn’t from a period where you were living in Canada.

 

[sundeep38]

Your income wasn’t from a period where you were living in Canada.

I spoke to a representative today. She specifically mentioned that there's no status requirement and only Line 150 will be considered in previous three years. I know I am taking chances but as per the rules mentioned I feel I am good. Based on my parents age, it doesn't make sense to not utilize this opportunity. I will update this thread when I know the outcome. Thank you for your inputs on this.