Canadian who work and live in the US, can I sponsor my parents?

[moonuszhang]

I am currently working and living in the US, do I qualify to sponsor my parents to immigrant into Canada?

Thanks.

 

[aussiepete]

Nope! You must submit proof of Canadian income.

 

[moonuszhang]

Even though I have properties in Canada and file tax in Canada?

 

[Rob_TO]

I am currently working and living in the US, do I qualify to sponsor my parents to immigrant into Canada?

Thanks.

As long as you are a Canadian citizen, and have filed taxes through the CRA for past 3 years at the LICO+30% level, then you would qualify to sponsor your parents while living in USA. The income doesn't need to be from Canadian company, you just need CRA Notice of Assessment docs to prove the income. I believe you would still need to show your intent to return to Canada, once the application is approved.

 

[scylla]

As long as you are a Canadian citizen, and have filed taxes through the CRA for past 3 years at the LICO+30% level, then you would qualify to sponsor your parents while living in USA. The income doesn't need to be from Canadian company, you just need CRA Notice of Assessment docs to prove the income. I believe you would still need to show your intent to return to Canada, once the application is approved.

I'm not sure that's going to be the case. If you look at the old family class sponsorship manuals, the income must be from Canadian sources (although there are exceptions). These same rules may apply once parent/grandparent sponsorship reopens. Here are the relevant bits:

5.30. Financial requirements

The financial test is needed to prove that sponsors can support sponsored persons for the period of the undertaking. For more details, see Minimum Necessary Income Requirement: Low-Income Cut-Off levels (LICO), section 5.32, Exception to Minimum Necessary Income Requirement, section 5.33 and Low Income Cut-Off and Quebec Income Scale, Appendix F.

Financial resources:

• may include the resources of the sponsor's spouse or common-law partner if the sponsor's financial resources are inadequate and the sponsor's spouse or common-law partner declares their resources as income on their Canadian tax return and they co-sign the undertaking.
• cannot include pooled resources from other relatives to meet the income test.

Financial resources must originate from Canadian sources for the following reasons:

• employment income abroad is not a reliable indicator of future or stable employment in Canada.
• CPC staff cannot easily verify if foreign income can be transferred to Canada.
• converting foreign income into Canadian dollars is resource-intensive.
• in cases of default, collection and litigation, it is easier to recover income from Canadian sources.

For more information, see: Exceptions to the Canadian income rule, section 5.31.

5.31. Exceptions to Canadian income rule

The exceptions to the Canadian income rule are as follows:

• sponsors who commute from Canada to work in the U.S.A. can use their U.S. employment income provided it is declared as income on their Canadian income tax return;
• sponsors living in Canada who declare income from foreign sources on their Canadian tax returns, can use this foreign income to meet the financial requirements for sponsorship.

Discretionary approval of financial requirements is not possible.

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

 

[scylla]

Just to add... Previously there was also a Canadian residency rule for sponsoring parents and grandparents (i.e. you had to be living primarily in Canada in order to qualify as a sponsor regardless of whether you are a citizen or PR). It will be interesting to see if this rule remains as well for next year. The relevant bits are provided below:

13.2. Residency requirements for sponsors

In assessing residency requirements for sponsorship purposes the IRB Appeal Division ruled that a sponsor must maintain a significant connection to Canada. Officers should consider whether the prospective sponsor:

• maintains a residence in Canada;
• has spouse and/or children resident in Canada;
• has assets in Canada;
• pays Canadian income tax on global income;
• visits Canada regularly;
• maintains investments, bank accounts, health insurance or club memberships in Canada.

Sponsors may be found ineligible to sponsor if:

• they maintain residences in two countries at the same time;
• they have a house in Canada, but work abroad;
• they have interrupted their residence in Canada or spend little time in Canada. Foreign stamps or post marks on the envelope, a foreign employer or the sponsor's non-Canadian address are indications the sponsor may not be residing in Canada;
• there is evidence that they will leave Canada soon after the sponsored applicant becomes a permanent resident. Sponsors must satisfy an officer they will continue to reside in Canada after the member of the family class becomes a permanent resident;
• sponsors are not ineligible if they take short holidays or business trips outside Canada.

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

 

[Rob_TO]

I'm not sure that's going to be the case. If you look at some of the old family class sponsorship manuals, the income must be from Canadian sources (although there are exceptions). These same rules may apply once parent/grandparent sponsorship reopens. Here are the relevant bits:

Interesting to read. Although the exceptions at the bottom, do seem to give leeway for foreign income that is claimed through CRA.

Also if you read the new parents sponsorship details, it just talks about income from "documents issued by the Canada Revenue Agency". Nothing about the income originating from Canadian sources.
http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-05-10b.asp

Just to add... Previously there was also a Canadian residency rule

If all those rules were there regarding residency in Canada to sponsor, i highly doubt they would relax the rules in 2014. If anything they are making everything even more strict this time around. I would plan on the rule being at least the same, meaning someone living in the US would be ineligible to sponsor.

 

[scylla]

Although the exceptions at the bottom, do seem to give leeway for foreign income that is claimed through CRA.

Provided Canada is their primary home - then yes. However I don't think this exception covers the OP since the OP is living in the US. If the Canadian income and/or Canadian residency rules remain in place, the OP is out of luck.

I would agree with you and tend to think that any rules that were in place before will continue to apply. But we obviously won't know for sure until the new information is released tomorrow.