Customs declaration form: Canadian resident or visitor?

[xse2573]

Keeping your permanent resident status

"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."

This is what mentioned in CIC website.

My question is: If anyone does the landing in October 13 then come back after two weeks; then reenter just before touching the three-year mark, i mean, if anyone stays last two years of the five years period. Will it affect the residency?

NO it WON'T!!!

 

[barabashka]

The concept of being resident in a country has really little to do with holding PR status. Being resident somewhere means that you live there. For taxes, health care etc., you are resident if you spend more than half the year in a certain location. From what you say, you are spending more than half the year outside Canada and therefore, it could be said that you are no longer resident but a visitor in Canada. However, this does not mean that you lose your PR status. As a PR, you may spend up to 3/5 years outside Canada. All days you spend in Canada count towards your 730 day requirement so you don't need to worry about that.

Thanks Leon

It is interesting actually that you have mentioned taxes and healthcare.
My MSP plan is indeed "frozen" for two years after I have informed them that I have started working abroad (with a hope that I will find a job in Canada again and activate the plan before these frozen 2 years expire).

However, in respect to taxes - I am considered a resident of Canada for tax purposes by Revenue Canada. This is because my spouse lives and works in Canada and has no intentions to leave, and because I still have Canadian bank account and Canadian income from some investments here. In addition, I myself want to come back to Canada and join my family at the first opportunity (i.e., job in my field).
I submit tax return in both countries now, and Revenue Canada accepts the foreign tax credits that I have paid from salary abroad. Interestingly, both countries ask me to submit tax return with my worldwide income - so it all got quite complicated and I had to hire accountants in both countries and let them talk to each other to sort things out.

I understand the resident status for border agent is not the same as for Revenue Canada - but I should say it does feel a bit unfair to ask me to indicate on the form that I am a visitor, while asking me to pay taxes as resident.
However, if this does not effect the residency calculation (I do need these visiting days to keep my PR status safe until I return), then this is more an emotional reluctance to indicate myself as a visitor than rational one.

 

[Leon]

However, if this does not effect the residency calculation (I do need these visiting days to keep my PR status safe until I return), then this is more an emotional reluctance to indicate myself as a visitor than rational one.

Yes, it does not affect anything. However, if it bothers you, you can tell the immigration officer next time that as long as you are paying taxes here, you will list yourself as a resident. See what they say

 

[azaman]

NO it WON'T!!!

You mean it won't affect the permanent residency status?

thanks,

z

 

[barabashka]

Yes, it does not affect anything. However, if it bothers you, you can tell the immigration officer next time that as long as you are paying taxes here, you will list yourself as a resident. See what they say

Hm...not sure I want to make them angry with such statements...I don't want them to add something to my file that would send me right to secondary inspection each time I arrive. Not that I have anything to hide, but I think without secondary is better still...

I think I will fill indeed two forms like zardoz suggested before and will make the agent chose the correct one. While the agent is doing that, I will mention about being resident of Canada for tax purposes - and see what happens.

 

[ryan007]

Hi,
My experience with this justification of paying taxes, holding bank acounts, owning property did not go well with the IO's. I tried to reason it out with the IO the year I was flagged to secondary immigration (after returning with a gap of a year), the response I got was that "We are not concerned with Revenue Canada.....we only look at the immigration status of an individual based on the number of days he or she stays in Canada).
So my advice would be, please donot try it, it may only irk them further.

 

[barabashka]

Hi,
My experience with this justification of paying taxes, holding bank acounts, owning property did not go well with the IO's. I tried to reason it out with the IO the year I was flagged to secondary immigration (after returning with a gap of a year), the response I got was that "We are not concerned with Revenue Canada.....we only look at the immigration status of an individual based on the number of days he or she stays in Canada).
So my advice would be, please donot try it, it may only irk them further.

Thanks ryan007...
I see...well, two forms then, without mentioning taxes

 

[ryan007]

Hi,
I arrived into Canada last month and sailed through the first immigration check since it is automated for PR's and Canadian citizens. Since one of my checkin luggages had not arrived on the flight I had taken, I had to fill up a baggage claim form and submit it to the IO at exit. I thought I had sailed through the entire process , till he grew suspicious and finding out through his questioning that I was working in Dubai and was returning for good ( which he didn't buy) he advised me to mention a visitor to Canada and not a resident of Canada on my next visit.
Just a note of caution to all that they may face a similar situation in the future.

 

[barabashka]

Thanks for the information ryan007

It seems they are insisting now on indicating "visitor" on these forms if a PR holder works abroad.
I guess its fine as long as they are consistent with their own policies.
I am going to Canada again mid December, for 4 weeks, and will indicate "visitor" in the form. Hopefully I will not be asked why I am indicating "visitor" if I am a PR holder...

I am actually a bit concerned that you were going back to Canada for good, but the officer asked you to indicate that you are a visitor. I would argue that this is a misrepresentation what is officer asked you to do.... One thing is indicating visitor/resident by mistake because one is not sure what is a correct - another one indicating "visitor" while you are 100% sure you are resident, and do not have an address abroad anymore...

 

[steaky]

I am actually a bit concerned that you were going back to Canada for good, but the officer asked you to indicate that you are a visitor. I would argue that this is a misrepresentation what is officer asked you to do.... One thing is indicating visitor/resident by mistake because one is not sure what is a correct - another one indicating "visitor" while you are 100% sure you are resident, and do not have an address abroad anymore...

But lots of Canadian residents have addresses abroad! For example, many rent PO boxes near the border to receive US shipments.

 

[NeedleArtist]

I think it is important to note here that the declaration form that is filled in whenever entering Canada is a customs form and not an immigration form. Officers at points of entry wear two hats, performing both customs and immigration control functions. Ever wonder why entering at airports is a two-stage process? One officer checks your status, while a second officer makes sure you are complying with import laws and regulations (personal exemptions, taxes and duties, etc.). Filling in Visitor on the declaration form, which is only used by the customs side of the house, determines the amount of personal exemption a traveler is entitled to.

 

[ryan007]

My personal opinion is that it is both, as the information content on the form relates to apart from the value of goods one is getting into Canada also when "did you leave Canada" which is used to determine your immigration status. i.e. calculate the 730 days when the renewal of PR is initiated and you give a declaration to the authorities to get information on your travel in and out of the country from the CBSA.......as I stated in my update, I had to face this hassle due to my second checked in baggage being held up at London and when I handed over the "missing baggage" form all these questions came up as to its origin,etc at the final exit.....which till now not once was I questioned.....they only just collect the immigration form and most of the time are chatting among themselves (in most cases I have observed so).......my advice would be to continue with the "resident status"..unless you too have a baggage which isn't fast enough to catch the connection as you do.... ;D

 

[NeedleArtist]

,

My personal opinion is that it is both, as the information content on the form relates to apart from the value of goods one is getting into Canada also when "did you leave Canada" which is used to determine your immigration status. i.e. calculate the 730 days when the renewal of PR is initiated and you give a declaration to the authorities to get information on your travel in and out of the country from the CBSA.......as I stated in my update, I had to face this hassle due to my second checked in baggage being held up at London and when I handed over the "missing baggage" form all these questions came up as to its origin,etc at the final exit.....which till now not once was I questioned.....they only just collect the immigration form and most of the time are chatting among themselves (in most cases I have observed so).......my advice would be to continue with the "resident status"..unless you too have a baggage which isn't fast enough to catch the connection as you do.... ;D

I have to disagree. Please refer to the following if you want to see/read the source documents:

CBSA Publication 5113, Immigrating or Returning to Live in Canada (last updated on June 1, 2012),
CBSA Publication 5082, Visitors to Canada and Other Temporary Residents (last updated on December 5, 2012), and
CBSA Form 311, Declaration Card (last updated June 1, 2012).

Probably most salient to our discussion and the OP's original question is the following definition of "Visitor" for Declaration Card use (Pub 5113):

"Persons entering Canada to become Permanent Residents without the intention of residing immediately in Canada are not considered Settlers to Canada since they do not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time. Therefore, under customs legislation, these persons are considered visitors to Canada, even if they are Permanent Residents for immigration purposes."

 

[ryan007]

I stand corrected. Was not aware of the latest updates. Thanks Needleartist.

 

[wahwah]

Hi reading thro the posts, it may seemed that the officers prefer returning PRs who have been abroad for some time to indicate "visitor" in custom forms.

I will NOT although I read what NArtist last posted. Im not trying to be arrogant or know the rules intimately but my stance is based on my experience on my first landing 5 years ago which may have been dealt with by the ruling NArtist have posted.

I knew the day when I landed 5 years ago would mark the countdown of my 5 years residency days presence/absence. However I was naive thinking that I haven't even landed so I wasnt a PR(yet) hence my family & I declared visitors in the custom form.

We dressed respectively and came from respectable countries of origin, but yet the officer refused to believe my family were genuine approved immigrants landing for the first time. He didnt gave our landing papers the customary stamp indicating all were good and well. I was pretty sure looking back the officer focused on our declaration as "visitors" but claiming to be landing immigrants and acted like an unhelpful and unfriendly policeman.

To cut the story short, the next few days I have to make calls and visitations to get our PR cards and SINs. Funny thing is I dont' recollect anymore what I did to get the PR cards & SINs but I remember quite clearly the rejection shown to us at the airport upon landing.

Based on this experience I always indicate "Resident" in the custom form in the following 2.5 years after my bad experience. My 2nd and third visit back to Canada were almost 1 year apart after the last visit. Once I was sent off for further questioning what am I doing abroad for so long blah blah but it cost me an extra 10-15 mins longer to leave the airport compare to a smooth reentry, so no big deal.

Going forward if I happen to be away for some time and returning to Canada I rather feint ignorance and get a short lecture from the officer if he/she thinks I should be declaring as a visitor if Im Im residing overseas rather than open up a pandora box of queries why declaring to be a visitor if Im a PR here. However, if I read/hear more positive outcomes by returnees based overseas declaring as visitor then I may do so.

At the end of the day, unless the rules are clearly spelled out without ambiguity and enforced consistently, it seems alot depends on the officer(s) we meet or processing our applications assuming everything are in order at our end.