PR Obligations

[kunal203]

Hello All,

This is Kunal Jadeja from Dubai. We landed to Canada in 2011, January 24th. We stayed in Canada for 8 months. During that period we did not get job there so we had to go back to Dubai. So now we are in Dubai.

As I know I can stay outside Canada for three years out of 5 years from the day we landed in Canada.

I need your advice for below mentioned my queries:

1. My planning is to send my wife (she is the principle applicant) and kid to Canada before completion of three years and I want to stay in Dubai. So is it possible my wife can sponsor me from Canada?..

2. Does she need any source of income in Canada to sponsor me or not?.. If yes then how much income she requires

3 If i don't go back to Canada before completion of 3 years still i can enter to Canada? FYI My PR will be expiring on February, 2016.


Your prompt reply will be much helpful to us.

Thanking you in advance.


kunal

 

[Leon]

If you lose your PR but your wife has been in Canada and meets the residency requirements, she could sponsor you again. She would not need to show any certain minimum income.

Note that if your family is living in Canada and you are supporting them, you may become liable to file taxes in Canada off your income in Dubai.

You can probably get away with returning to Canada as long as your PR card is valid. If you do end up moving back to Canada with a still valid PR card but without being able to meet the residency requirements, you should just let it expire and stay within Canada for a full 2 years and then apply to renew. If you do this, you will meet the residency requirements again and will get your PR card renewed.

 

[pb1]

My PR Card will expire in august 2012, but I will not have met the residency obligation requirement. However, my parents and my brother live in Canada and they are applying for citizenship. Do you think I can submit an application for a renewal? What kind of documentation do I need to show?

 

[scylla]

If you don't meet the residency requirement - then don't submit a renewal application.

If you are in Canada, then you should continue living in Canada (without leaving) until you have met the residency obligation and only then apply to renew your PR card.

If you are outside of Canada, then you should try to return to Canada as soon as you can and then live in Canada (without leaving) until you meet the residency obligation and can apply for a new PR card.

 

[pb1]

i cannot come back because i'm student in england right now!! my parents and my brother are applying for their citizenship !!can they sponsor me after to don't lose my status?

 

[Leon]

If you lose your status, your parents can sponsor you as long as you are not married, not in a common law relationship and either under the age of 22 or a full time student since before the age of 22, financially dependent on your parents and remain in that situation until the time you get your PR again. If you get married or start working, you will become ineligible.

Another way, if your parents and brother live in Manitoba, they could sponsor you under family stream as long as you all qualify. Saskatchewan has a similar program but they now require a job offer.

 

[pb1]

hi
my pr card was expired and i did not meet the residency requirement and i have one year left to meet the residency requirement, but i forced to travel to uk in order to complete my education. i wanna know that if i can success to got a US visa can i enter to canada within the boarder with my expire card ?

 

[ssinghdxb]

Dear Leon,

We need your guidance, We need to complete our landing by march 2013. We wish to complete the landing formalities and return back and relocate in 2014 Jan/Feb. kindly advise on following queries

PR Cards

- Can we complete the landing formalities in 15 working days? and PR card be received by Hotel/Motel/Guesthouse (as we have no friend/relative); who offeres mail forwarding services with charges.
- Assuming answer to above is "NO", if we plan to stay for 45 days or so, will we be able to get PR cards with current general lead time (we have no idea on time frames)?
- As we will not have any permanent address/friends/relatives, which address to fill in PR application? Can we provide the short stay accomodation address ?

Health Card

- Can we apply OHIP in 2014 when we move completely? or it is mandatory to apply immediately after first landing?
- Below is the eligibility criteria as per OHIP, will we be able to get OHIP, if we return in 2014 or we will not be eligible ?
1)you make your primary place of residence in Ontario;
2)you are in Ontario for at least 153 days of the first 183 days immediately following the date you establish residence in Ontario (you cannot be absent for more than 30
days during the first 6 months of residence);
3)you are in Ontario for at least 153 days in any 12-month period.

You comment/feedback is very critical for us, please help us

Regards

Singh

 

[Leon]

- Can we complete the landing formalities in 15 working days? and PR card be received by Hotel/Motel/Guesthouse (as we have no friend/relative); who offeres mail forwarding services with charges.
- Assuming answer to above is "NO", if we plan to stay for 45 days or so, will we be able to get PR cards with current general lead time (we have no idea on time frames)?
- As we will not have any permanent address/friends/relatives, which address to fill in PR application? Can we provide the short stay accomodation address ?

You can complete your landing formalities in about 15 minutes at the airport. There is nothing else you must do immediately after arriving in Canada although it might be a good idea to go and apply for a SIN at a Service Canada office. This is a tax number you will need later if you want to work in Canada.

The PR cards currently take on average 54 business days to be mailed to you, see http://www.cic.gc.ca/english/information/times/perm-card.asp That is around 11 weeks, almost 3 months. It would therefore not be advisable to stick around just to receive the card.

As you land, tell immigration that you do not have an address yet to receive your PR card but you will let them know. If they insist, give your motel address but tell them not to mail your PR card there because you will not be there when it arrives.

Then you have two options. You can go to UPS and arrange a mailing address with them. They will give you a Canadian address but your mail will be forwarded to you in your home country. You can get such an address and then tell immigration that this address is your new address and to mail the PR card there. Your second option is frankly to wait on the PR card until you are back to stay. As long as you still meet the residency requirements, you can get a travel document to return to Canada and you can apply for the PR card in 2014 when you are back for good.

- Can we apply OHIP in 2014 when we move completely? or it is mandatory to apply immediately after first landing?
- Below is the eligibility criteria as per OHIP, will we be able to get OHIP, if we return in 2014 or we will not be eligible ?
1)you make your primary place of residence in Ontario;
2)you are in Ontario for at least 153 days of the first 183 days immediately following the date you establish residence in Ontario (you cannot be absent for more than 30
days during the first 6 months of residence);
3)you are in Ontario for at least 153 days in any 12-month period.

If you are not staying this time, you should not apply for OHIP. Do it in 2014 when you are back for good.

 

[ssinghdxb]

Thanks a lot Leon ! ;D

We will chose the option with UPS address. We will try and get in touch with them from here, and see if we can get an address from here.

Regards

Singh

 

[ssinghdxb]

Dear Leon,

Request your suggestion on following queries; we wish to visit Canada for a short period to complete the landing formalities and return to settle after 10 months or so only.

- How can we declare everything i.e. jewellery/electronics etc in goods to follow? Do we use Goods to follow form, as we may not carry anything as of now?
- We will carry the photos of all the expensive items with invoices, will officer ask to show the items?
- If we are asked how long you will stay? what should be the answer? We intend to declare that we will be back in few months after rapping up everything at current location; is this OK?
- Can we bring money in our next and final entry i.e. during complete relocation? will it attract taxes?

Best regards

Singh

 

[Leon]

If you want to bring some goods with you now that you will leave behind, you should have 2 lists, good brought and goods to follow. If you are not leaving anything this time, just bring a list of goods to follow.

You can bring money on your 2nd trip. It will not attract taxes but you must notify customs any time you are carrying more than 10,000$ in cash or checks. Notifying will not cause you any trouble but not notifying if they find the money by you could cause them to suspect you of hiding something (money laundering) and they can confiscate the money and/or fine you.

 

[ssinghdxb]

If you want to bring some goods with you now that you will leave behind, you should have 2 lists, good brought and goods to follow. If you are not leaving anything this time, just bring a list of goods to follow.

You can bring money on your 2nd trip. It will not attract taxes but you must notify customs any time you are carrying more than 10,000$ in cash or checks. Notifying will not cause you any trouble but not notifying if they find the money by you could cause them to suspect you of hiding something (money laundering) and they can confiscate the money and/or fine you.

Thanks a ton dear Leon..

Regards

Singh

 

[clubcanada]

Hey Leon,

I didn't get this one:

Note that if your family is living in Canada and you are supporting them, you may become liable to file taxes in Canada off your income in Dubai.

Could you please provide more info on this?

Thanks

 

[Leon]

Hey Leon,

I didn't get this one:
Could you please provide more info on this?

Thanks

Go to http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/nnrs-eng.html#d for an explanation of who is a resident for tax purposes. Note that they say that a non-resident for tax purposes should not have significant residential ties to Canada where such ties would be having a home, spouse and children living in Canada.