santoki said:
I wanted to ask this here because you guys are really helpful and respond quickly. I used an immigration consultant for my application because I wanted to make sure I did everything correctly, and frankly, I didn't have the time to research everything as I was extremely busy with work. I paid the hefty fee for it, but my consultant has been less than helpful during the process. It takes days, sometimes weeks, to hear back from her on issues.
For example, my wife will be coming to Toronto in mid-December to wait out the rest of the immigration process (if it hasn't already been finalized at that point). We want to bring her stuff over at that time, because it will be too difficult to go back once she has received her PR to do all that. I have reserved a shipment of her goods, which will be delivered straight to a facility in Brampton. I do not have to meet the shipment at the border according to the company. However, I do have to fill out Customs Forms B4 and B4A. On these forms, I'm unsure of which "classification" to put this shipment under. There is a classification type known as "settler", but the wording of it says that "I am entering Canada with the intention of establishing, for the first time, a permanent residence for a period in excess of 12 months and I arrived in Canada on _______".
My question is, for anyone familiar with these forms or process, would this be the correct classification even though she has not finished her immigration process? My immigration consultant has said she will draft a port of entry letter for my wife to explain the situation for when she arrives. I'd just like to make sure this is the correct action to take as the consultant said she can be of no help at all when it comes to customs.
I understand your desire to make this less difficult for you, but the processes are designed to make sure things work a specific way for the government and your convenience is not a factor in that policy.
Unless she has landed, she is not eligible for the settler's exemption. If she owns a home in Canada or has a lease of three years or longer on a property in Canada, she can import the goods as a "seasonal resident" (this is a once-in-a-lifetime exemption and the goods are imported permanently). If she is coming to work (or visit) in Canada for less than 36 months, she may bring them in as "temporary personal goods" and thus is exempt from paying GST/HST on them until she leaves - and in this case she can then declare them as settler goods when she lands.
But she cannot come to Canada as a temporary visitor and fill out the B4/B4A forms in advance as if she were a settler.
See: http://cbsa-asfc.gc.ca/publications/cn-ad/cn11-003-eng.html
Oddly, I was just going over this stuff yesterday afternoon because I was discussing the landing process with someone. I previously brought my goods in as a seasonal resident (the benefits of property ownership) and the question was whether or not I needed to re-declare them at the point of landing. Seasonal resident goods are a permanent form of importation, so there is no need to re-declare them. Temporarily imported goods (e.g., on a work permit) however would require being declared at the point of landing.
So, technically, she would need to import them on a
temporary basis (for a stay of less than 36 months) and then when she lands she would have to declare the goods again, this time showing them as being a permanent importation.
While you should ultimately ask CBSA, from what I've read she should present her B4/B4A at the time she gets her Visitor Record. That becomes a temporary importation. When she lands, she needs to re-declare everything on B4/B4A forms, even thought it is in Canada already. That makes the importation permanent.
We figured out that properly planned, you could actually get three permanent importations into Canada:
- When you come up as a seasonal resident (this is once-in-a-lifetime, so don't waste it!)
- When your temporary status exceeds 36 months (e.g., your work permit gets renewed)
- When you land as a permanent resident.
These cases also don't have any financial limits on amounts, although the seasonal resident exemption requires that you pay GST/HST on anything you sell or dispose of within the first year. Also, there are limitations on importation of some items (tobacco, alcohol) in all categories.
Good luck!
