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Soft landing, tax residency.

Amysaa

Full Member
Mar 4, 2019
25
1
37
We landed on 16th December 2018, we did following while we were staying in canada.

1) we got sin numbers for me, and my dependents.

2) got g1 drivers licenses

3) created basic bank accounts, (no savings account)

4) We gave the address of a relative for PR card.

We left canada on 2th January 2019. The reason why we left is that, my PhD thesis defense is delayed. Finishing my PhD is very important for my success as an immigrant in Canada. My PhD might wrap up till December 2019.

___________________________________________________________________________

Question 1) Can we ask our relative to courier our PR cards? Is it legal?

Question 2) Are we required to file the taxes? Are we required to pay any taxes?

Question 3) Am I required to inform IRCC about my situation that I need to finish my PhD?

Question 4) would this situation of me being outside Canada somehow effect my status in Canada?

Question 5) Can I get some official permission regarding staying abroad for my PhD? (concerning the Residence obligation)?

Question 6) when we do money transfer from our accounts here to the accounts in canada, would that be a problem, or is there any concern regarding taxes?
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
1)sure you can get a relative to courier your cards as not illegal.
2)you will not be tax resident unless you spend at least 183 days in the country and establish residential ties but anyway refer the CRA website for the official guidelines.

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html

3)no need to inform anyone as long you meet the residency obligation of 2 years out of the 5 years from initial landing and also have your PR cards to be able to fly back. IRCC are not interested and there are no exceptions as far as the residency is concerned for studying outside Canada anyway given considered a personal choice.

4) no effect on status as long as you can return to ensure you meet the 2 out of 5 rule

5)you do not need official permission for anything As long you can meet the 2 out of 5 rule. In any case even studying for a PHD outside of Canada there are no exceptions to the residency obligation for study which as said would be regarded as a personal choice.

6)not as far as an aware given you are new immigrants.

Note that in theory it is possible to land and stay out of Canada for near 3 years from initial landing date and still meet the residency obligation by returning and staying put for 2 plus years. So you could stay away through November 2021 as long as you then accept on return staying put in Canada for at least 2 years to meet the 2 out of 5. After initial 5 the 5 years becomes a rolling 5 where 2 years is assessed in the 5 preceeding each new entry
 
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dound2018

Full Member
Mar 8, 2019
37
3
1)sure you can get a relative to courier your cards as not illegal.
2)you will not be tax resident unless you spend at least 183 days in the country and establish residential ties but anyway refer the CRA website for the official guidelines.

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html

3)no need to inform anyone as long you meet the residency obligation of 2 years out of the 5 years from initial landing and also have your PR cards to be able to fly back. IRCC are not interested and there are no exceptions as far as the residency is concerned for studying outside Canada anyway given considered a personal choice.

4) no effect on status as long as you can return to ensure you meet the 2 out of 5 rule

5)you do not need official permission for anything As long you can meet the 2 out of 5 rule. In any case even studying for a PHD outside of Canada there are no exceptions to the residency obligation for study which as said would be regarded as a personal choice.

6)not as far as an aware given you are new immigrants.

Note that in theory it is possible to land and stay out of Canada for near 3 years from initial landing date and still meet the residency obligation by returning and staying put for 2 plus years. So you could stay away through November 2021 as long as you then accept on return staying put in Canada for at least 2 years to meet the 2 out of 5. After initial 5 the 5 years becomes a rolling 5 where 2 years is assessed in the 5 preceeding each new entry

Hi,
Great reply...
referring to question (1) i need to ask you if i left after landing by short period and my PR was sent to me by a friend, however i lost it outside canada, still within my first year of landing...
1- is it again not illegal of getting it through frnd?
2- while applying to PRTD do i need to apply for a solemn declaration (as i don't remember where or when i miss it)
 

Amysaa

Full Member
Mar 4, 2019
25
1
37
1)sure you can get a relative to courier your cards as not illegal.
2)you will not be tax resident unless you spend at least 183 days in the country and establish residential ties but anyway refer the CRA website for the official guidelines.

https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/information-been-moved/determining-your-residency-status.html

3)no need to inform anyone as long you meet the residency obligation of 2 years out of the 5 years from initial landing and also have your PR cards to be able to fly back. IRCC are not interested and there are no exceptions as far as the residency is concerned for studying outside Canada anyway given considered a personal choice.

4) no effect on status as long as you can return to ensure you meet the 2 out of 5 rule

5)you do not need official permission for anything As long you can meet the 2 out of 5 rule. In any case even studying for a PHD outside of Canada there are no exceptions to the residency obligation for study which as said would be regarded as a personal choice.

6)not as far as an aware given you are new immigrants.

Note that in theory it is possible to land and stay out of Canada for near 3 years from initial landing date and still meet the residency obligation by returning and staying put for 2 plus years. So you could stay away through November 2021 as long as you then accept on return staying put in Canada for at least 2 years to meet the 2 out of 5. After initial 5 the 5 years becomes a rolling 5 where 2 years is assessed in the 5 preceeding each new entry

Hi thank you so much for the response. My relative is not convinced that he should send the PR cards. He insists that I visit him in person to collect it. Now if I apply for PRTD would that be a problem. Our PR cards were delayed, and I had to call to update the address. They processed the card and it was received. Now when I apply for PRTD, would that be a problem?
 

canuck78

VIP Member
Jun 18, 2017
55,684
13,553
Would not transfer money until you are close to your relocation time. In general not a great idea to open up a bank account until you plan on settling. It isn't a huge deal because there is no or minimal money in the accounts but for others reading this post.

Getting a PRTD will be fine even if your PR cars are in Canada. They may wonder why you aren't couriering the cards!
 

Amysaa

Full Member
Mar 4, 2019
25
1
37
Would not transfer money until you are close to your relocation time. In general not a great idea to open up a bank account until you plan on settling. It isn't a huge deal because there is no or minimal money in the accounts but for others reading this post.

Getting a PRTD will be fine even if your PR cars are in Canada. They may wonder why you aren't couriering the cards!
Thanks for the reply. Thats a relief. Has anyone got PRTD refusal on grounds of soft landing?