PR requirement-staying outside canada with canadian spouse

[hussain13]

Dear Folks,
My 2nd PR will be expiring in July'14, as of today I am short of around 200 days because I am working outside canada & used to travel on frequent basis. My wife & kids got their citizenship in 2011. Now my question is that if i could bring my family with me (UAE) and we stay together, it would help to renew my PR card since system allows to stay with ur canadian spouse and each day will be counted to keep your PR status alive. Also, what should I do home work prior to bring them here & what kind of proof should i have to give them that we stayed together. More, if some body knows a good lawyer, who may help us to do a proper home work in order to avoid any problem at the time of renewal, is really appreciated.
Thanks in advance,

 

[steaky]

I don't think you need a lawyer.

You need some document (such as utility or bank statements) showing you and your Canadian spouse resides in same address, though.

 

[hussain13]

Thanks Steaky for your prompt reply, but still i want to know what should I do before bring my family, means should i apply for non residency for my wife & how about the tax submission, should we submit the returns or not, that is why I am looking for a lawyer to help us to do a proper home work. Actually, it looks very nice & simple in papers that if u accompanied a canadian citizen then u r okay with your PR status but what documents they need coz if my wife is a house wife in UAE then only proof is the entry/exit stamps on passport & i would not be able to provide enough documents. Anyhow, if any body in the forum who had same case, is highly requested to share his experience & provide his guidance.

 

[steaky]

Lawyers won't be much help in doing your taxes. I suggest you hire an accountant (especially one with cross border experience) instead.

Like I said you need some document showing you and your Canadian spouse resides in same address. If your wife only showed her passport, it's kind of vague - it doesn't show you and your spouse actually lives together - it just show her entering/leaving UAE.

 

[Leon]

Your wife should file taxes for the last year she lives in Canada, that is if she is still in Canada and moves this year, she should file taxes in Canada at the beginning of next year for 2013 but after that she should ask CRA to consider her a non-resident for tax purposes and then she does not have to file any more.

She should keep her boarding card and ticket for the flight to UAE. She should make sure she gets some mail to your address in the UAE, say bank statements from her account or something like that. She can take a course or take up a hobby so that at some point, you can get some person to verify that she has been staying in UAE and they know her contact address. She should visit the doctor for regular check ups as well as the dentist so you can also ask them to write letters stating that they know her to have been staying in the UAE and that they know her address as well. It can also help to show that the children are staying with you, for example with their school records and letter from their doctor. The children will not help you fulfill your residency requirements but it can help showing that they are staying there too to show that the whole family is living together in the UAE.

 

[steaky]

Your wife should file taxes for the last year she lives in Canada, that is if she is still in Canada and moves this year, she should file taxes in Canada at the beginning of next year for 2013 but after that she should ask CRA to consider her a non-resident for tax purposes and then she does not have to file any more.

Except if the wife still receive income in Canada, she might still need to file non-residents tax returns. Like I said, hire an accountant to sort it out.

 

[hussain13]

Thanks a lot Leon & Steaky for ur guidance, it would definitely help me.