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Principle applicant did not met residential obligation

Aug 3, 2021
9
0
Myself, my spouse and child got PR in 2018. Because of some personal issues I was not able to stay 730 days in Canada but my spouse and child stayed and met 730 days residential obligation. I was the principal applicant.

What are the challenges we face when we apply for renewal of our PR cards?

1. Will IRCC renew my PR card since my spouse and child met 730 days residential obligation?

2. Will my spouse and child face any issues since I was the principle applicant?
 

YVR123

VIP Member
Jul 27, 2017
7,840
3,114
Once you and your family are PRs, the PR RO and PR card renewal is all individual based.
There is no more tie between the "principle applicant" and "dependent" as 1 unit.

Your spouse and chid can renew their PR card. You will need to wait till you meet your RO to renewal yours.
 

dpenabill

VIP Member
Apr 2, 2010
6,485
3,250
Thank you for the reply.
Just an FYI You were still a tax resident if your child and spouse were in Canada so should be paying Canadian taxes on your international income.
CAUTION: tax questions can often be complicated. This is NOT a tax forum. For tax filing and tax payment obligations, consult the appropriate resources. Start here:


Note, for example, the statement by @canuck78 grossly overgeneralizes and erroneously omits the many exceptions to when and how "significant residential ties" affects a determination of resident status for tax purposes.

Meanwhile . . . the tax status observation is largely if not entirely irrelevant in regards to the OP's query. I have no idea what the OP's in fact residence status, tax resident status status, or otherwise potentially deemed resident status is; the OP's posts are inconsistent, here referring to landing in 2018 but elsewhere, just this past fall, referring to what appears to be his still pending PR visa application:
This is my status. ICAS shows 95% completed. But still eligibility and Background check shows as pending. Anyone in similar situation?
AOR : Dec 18,2020
MR : Oct 22,2021
MP : Nov 08,2021
Biometrics : completed
. . . Final decision - Your application is in progress. We will send you a message once the final decision has been made.
Does IRCC check immigrants medical history before issuing the health card? Do I need to declare all my medical conditions at the time of medical exam or only the conditions related to the tests mentioned in the IRCC website?
Otherwise . . . effect on benefits, credits, entitlements, and such, for family members in Canada is yet another separate issue.
 

canuck78

VIP Member
Jun 18, 2017
57,521
14,155
CAUTION: tax questions can often be complicated. This is NOT a tax forum. For tax filing and tax payment obligations, consult the appropriate resources. Start here:


Note, for example, the statement by @canuck78 grossly overgeneralizes and erroneously omits the many exceptions to when and how "significant residential ties" affects a determination of resident status for tax purposes.

Meanwhile . . . the tax status observation is largely if not entirely irrelevant in regards to the OP's query. I have no idea what the OP's in fact residence status, tax resident status status, or otherwise potentially deemed resident status is; the OP's posts are inconsistent, here referring to landing in 2018 but elsewhere, just this past fall, referring to what appears to be his still pending PR visa application:




Otherwise . . . effect on benefits, credits, entitlements, and such, for family members in Canada is yet another separate issue.
If your family is living in Canada without you that is considered strong residential ties. That isn’t a question. In the majority of cases the primary income earner is the one who remains out of Canada to work while their family lives in Canada. It is a good reminder that’s even if you don’t meet RO you are usually still a tax resident.
 

dpenabill

VIP Member
Apr 2, 2010
6,485
3,250
If your family is living in Canada without you that is considered strong residential ties. That isn’t a question. In the majority of cases the primary income earner is the one who remains out of Canada to work while their family lives in Canada. It is a good reminder that’s even if you don’t meet RO you are usually still a tax resident.
Actually Canada Revenue refers to family living in Canada as a "significant" residential tie. Whatever YOU "consider" to be "strong residential ties" that may or more likely does not comport with how Canada Revenue assesses factual information in determining who is considered a resident for tax purposes.

One might quibble that I am quibbling over semantics. What's the difference between a "strong" residential tie and a "significant" residential tie? When it comes to dealing with Canada Revenue the terminology matters. Details matter. Attention to such detail, especially in regards to terms, tends to be sorely absent in many discussions here. We manage, within the scope of immigration matters. But that just will not do for tax filing and tax payment questions.

I'd prefer to not grapple with the nuances here because tax filing and tax payment questions are very, very specific, and while many scenarios are relatively simple, many are not, and in particular when there are international elements involved it can and often does get very complicated very quickly. Thus the caution: for tax filing and tax payment questions THIS is NOT a reliable forum, and at the very least one should instead consult the Canada Revenue webpage information I linked above.

Just to scratch the surface, and it is barely scratching the surface, for the PR who does a soft landing, never personally establishing a residence in Canada, the fact that the PR's family comes and stays and lives in Canada does NOT make that PR a tax resident of Canada. The significant ties criteria does NOT even come into consideration.

Moreover, Canada has tax treaties with most other countries (94), and under the terms of many (I believe but have not verified actually most) of those treaties if the PR is a tax resident of that other country, and meets certain criteria, again they are NOT a tax resident of Canada just because they have dependents who are residents of Canada. Note, in particular, even if under Canadian law a PR can be considered a "tax resident" of Canada, that PR is NOT necessarily a resident of Canada for tax purposes -- the respective treaties prescribe rules for determining which country an individual will have tax resident status if that individual could be considered a tax resident of both countries. Clue: where the PR is employed and spends most of his or her time is usually the dominant factor.

Note "Usually" warrants a caveat: the probabilities are NOT determinative. The actual individual details matter.

I do not know what percentage of PRs living and working abroad have family in Canada but are not tax residents of Canada. I have not seen any source of such information in this forum, even in broad general terms (like "usually" or "most"), that is anywhere near reliable. Thus, again, the caution.