Principal Applicant has never paid taxes, any inadmissibility

[Magga]

Principal Applicant is self employed. But has never paid taxes. Does any indamissibility based on tax evasion come into play? (Spousal sponsorship case)

Never been convicted or charged.

 

[zardoz]

Principal Applicant is self employed. But has never paid taxes. Does any indamissibility based on tax evasion come into play? (Spousal sponsorship case)

Never been convicted or charged.

Depending on future circumstances, it could be a serious problem if CRA commence enforcement against the evader. See here for a very recent such action. http://www.cra-arc.gc.ca/nwsrm/cnvctns/on/on170123-eng.html I suspect that this type of enforcement would be a block to gaining or, possibly, even maintaining PR status.

More examples at http://www.cra-arc.gc.ca/nwsrm/cnvctns/on/menu-eng.html

 

[zardoz]

But there was no mention of which country the PA came from or where the PA didn't pay the taxes. Is the above still applicable?

A valid point but the above is still relevant to the extent that when assessing inadmissibility, foreign crimes are matched against the Canadian equivalent. If the crime would attract a severe enough penalty, if committed in Canada, then the applicant could be inadmissible even if the potential penalties abroad were not as high. Take drink driving as a valid example. Note also that inadmissibility can be triggered by crimes committed abroad, even if not convicted or sentenced.

http://www.cic.gc.ca/ENGLISH/information/inadmissibility/index.asp

Determine if you are inadmissible
Note: This is only a guide. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or when you arrive at a port of entry.
Some people are not allowed to come to Canada. They are known as “inadmissible” under Canada’s immigration law.

There are many reasons we may not let you into Canada, such as:

you are a security risk,
you have committed human or international rights violations,
you have been convicted of a crime, or you have committed an act outside Canada that would be a crime,
you have ties to organized crime,
you have a serious health problem,
you have a serious financial problem,
you lied in your application or in an interview,
you do not meet the conditions in Canada’s immigration law, or
one of your family members is not allowed into Canada.

 

[zardoz]

Before you edited your post, I was actually referring to the link you posted: Whitby resident jailed and fined for tax evasion. I had the impression you were assuming the PA is a Canadian resident of some sort. I guess it's best to ask where the PA resides and how does their government treat tax evasion. It was mentioned that there's no conviction or charge yet, assuming it was related to the tax evasion case, I believe the PA should settle/pay whatever s/he owes the government to avoid potential inadmissibilities issue.

I offered those initial links as examples of CRA taking criminal legal action in the case of evasion, leading to real jail time. Civil action would not impact admissibility. I agree that, regardless of where the PA has been evading, it should be sorted out as soon as possible.

 

[Magga]

PA is a resident of Pakistan.
Has never been to Canada.

What should the PA do to sort this?

 

[Magga]

Before you edited your post, I was actually referring to the link you posted: Whitby resident jailed and fined for tax evasion. I had the impression you were assuming the PA is a Canadian resident of some sort. I guess it's best to ask where the PA resides and how does their government treat tax evasion. It was mentioned that there's no conviction or charge yet, assuming it was related to the tax evasion case, I believe the PA should settle/pay whatever s/he owes the government to avoid potential inadmissibility issues.

If PA files taxes now, and settles everything. What about the previous years for which PA didnt file taxes. Can filing now and paying whatever tax amount is due completely alleviate the danger of inadmissibility?

 

[Magga]

Did you apply already? If yes, when?

Yes. PA has applied. Still early days. Havent even rcvd SA as yet

 

[Magga]

I honestly don't know if there are successful Pakistani applicants with the same case as yours and if CIC will really do a background check with regards to the PA's tax history, but the best advice that can be given here would be to settle all taxes owed to the government of Pakistan (Federal Board of Revenue) as soon as possible.

Yes. PA will do it as soon as possible.

 

[pityman]

I offered those initial links as examples of CRA taking criminal legal action in the case of evasion, leading to real jail time. Civil action would not impact admissibility. I agree that, regardless of where the PA has been evading, it should be sorted out as soon as possible.

Could you please look at and comment on my case (please see my post)?

many thanks