So I'm wanting to apply to sponsor my wife to come to Canada. I'm a Canadian by birth, but have been studying and living for a majority of the past 6 years in India. For that reason, I haven't file my taxes for the past 4 years. I don't earn much money, and usually get a return when I have filed my taxes. But I wanted to know if that fact that I haven't file my taxes for the past few years will make a difference on my approval to be a sponsor. Any reasons why I as a Canadian may not be approved as a sponsor for my wife would also be helpful. Thanks.
Sponsor Approval and Tax Status
- Thread starter akayalto1
- Start date
You are supposed to include an Option C for the last year of your taxes so just my opinion, I would catch up on your taxes. I think it's also a way for them to check that you aren't receiving any social assistance.akayalto1 said:
What is an option C? I absolutely plan to catch up and submit all my taxes this upcoming year. The problem I can see is that I want to apply soon, like december or January latest for PR, and there check's and approval or denial will come before I have the chance to submit my taxes.Bcgirl1 said:
So think that this is something that they could use against me as a sponsor, or basically it will just be something that stalls the process?
I'm trying to make sure that I am absolutely clear as a sponsor before I spend all this time and money trying.
Unless you have maintained significant ties to Canada while away for the past 6 years, you most likely qualified as a non-resident for tax purposes during those years.akayalto1 said:
You don't need to files taxes to sponsor. Include a letter of explanation that you have been residing outside of Canada for 6 years and therefore have not filed taxes. There will be no issue. If you filed taxes in India, you can submit those documents in place.
What would qualify as significant ties? I have been home for between 2-6 months at a time and one chunk of a year and a bit, over the past 6 years. I remember my accountant mentioning non-resident to me, but never looked into the rules. Did I have to claim anything for this or register for it? What's the time frame for being a non-resident? I never claimed taxes in India, I've been there on two different Student Visa over the past 6 years.canuck_in_uk said:
And do you know where I can find more information on non-resident?
All of the information about residency for tax purposes is on the CRA website. Contact them if you are unsure about anything.akayalto1 said:
I've looked at the CRA site and believe that I don't qualify as a non-resident. I'm still going to check with my accountant, but I think it's better if I actually claim my taxes as I will most likely get a return. I haven't really earned much, and I'm a self-employed musician and free lancer. The concern I have is that on the Sponsor Application, it requests income, and previous employers. Considering my work over the years, between grants for studying, teaching, performing, other side jobs, I find it a little hard to know what yo write in the application. I'm also concerned whether any of these factor might mean that I will not get approved as a sponsor for my wife.canuck_in_uk said:
Physically living in Canada during the year, Canadian bank accounts/credits cards, holding RRSPs, drivers license, any other financial/social commitments in Canada, etc could all be seen as ties and make you a factual or deemed resident for tax purposes.akayalto1 said:
In general if you're attending school in another country with the intent to return to Canada after completion, you don't qualify to be a non-resident and must file Canadian taxes each year.
Some info here: http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html
http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/tmprry-eng.html
When in doubt, talk to an accountant experienced with this situation.
Thanks Rob,Rob_TO said:
I am trying to get in touch with my accountant now to ask him more questions specific to my situation. I'm sure that I don't qualify as a Non-resident. As I wrote in another comment, my concern is that I'm self-employed most of the time, sometimes having worked for different employers usually without a contract or T-4, which means that my taxes as fairly complicated, which is why I have an accountant that specializes in these kind of careers. I can estimate my income, or spend a bunch of time actually trying to calculate it properly, which I'm going to have to do once I'm back in Canada and decide to file my taxes for the past 4 years. This won't happen until after we are planning to apply for Spousal Sponsorship, so I'm concerned about whether or not this will be an issue for me being approved as a sponsor.
When we filed, I had some tax returns to catch up on as well. Since that time, they have been completed and I submitted my NoA and Option C's for the two years prior to applying -- two weeks before I found out that I was exempted from Low-Income Cutoff. I did supply details about my employment, but in my Sponsorship GCMS Notes it states that I am exempt.akayalto1 said:
Now I do have a Canadian-born son, who we did include details about in our application (they did overlook them). Not sure if having your baby during the process may cause them to assess you for that or not. But it's possible they won't...
No it won't be a problem for PR app. Many people for one reason or another don't have CRA tax returns available at time they sponsor. Instead you can provide tax returns or employment info from the country you're working in, and explain you don't have Canadian returns available. Since there is really no income requirement for spousal sponsorship, in practically all cases this is acceptable to CIC.akayalto1 said:
What is Low-Income Cutoff? And what were you exempt from that was noted in the Sponsorship GCMS notes?profiler said:
I assume that the checks on me as a sponsor will be done within the first month or two. It states on line 28 days for sponsor approval. Which will be before I can submit my tax returns. And our birth will be after that. Which I guess we will know if my wife will eventually get PR or not.
Low-Income Cutoff is where they assess you to see if you make enough to sponsor. However in Spousal cases, they exempt the Sponsor. Only offered the story to show that the Tax Return situation shouldn't be a big deal for your application.akayalto1 said:
Did you decide to apply inland or outland? When they assess the Sponsor changes...
In my case, I don't have tax returns from another country. I basically earned most of my income as a free lancer in Canada in a short period while there every year and then went to India on a student Visa to study.Rob_TO said:
So in my sponsorship application, should I put that I am self employed and my annual income? That's enough, and when they look into it I can state that I haven't done my taxes for the reasons stated above, or I should do this right from the get go with a letter that's attached to the form?