Sponsor hasn't completed tax return (spousal visa)

[IanBradbury]

Hello all

Thanks for reading my message.

My sponsor has not completed a tax return for around 2 years, which means she cannot currently supply a notice of assessment as per section 5 in the document checklist for sponsor supporting documents.

I assume that this will cause a problem, as it asks us to give a reason if we cannot provide one and I'm guessing that 'because she hasn't gotten round to it' : is a going to sit too well with them! She has full employment and can prove how much she has been paying with all her payslips, she just hasn't filled in the tax return.

I was hoping to put the application in shortly, but I fear it may need to be delayed until she can provide the aforementioned document.

Thanks for any advice.

Ian

 

[Pitt1234]

According to Section 238 of the Canada's Income Tax Act -- not filing taxes is tax evasion and is an offense. This offense may result in a fine of anywhere between $1,000 and $25,000 and up to one year in prison.

I think your spouse should be wise to file the late tax return for all the previous years, including this year, pay penalties and then send your sponsorship application. Not filing for taxes is never a wise thing. She can not only be fined big time, but she can also go to jail for it.

Hello all

Thanks for reading my message.

My sponsor has not completed a tax return for around 2 years, which means she cannot currently supply a notice of assessment as per section 5 in the document checklist for sponsor supporting documents.

I assume that this will cause a problem, as it asks us to give a reason if we cannot provide one and I'm guessing that 'because she hasn't gotten round to it' : is a going to sit too well with them! She has full employment and can prove how much she has been paying with all her payslips, she just hasn't filled in the tax return.

I was hoping to put the application in shortly, but I fear it may need to be delayed until she can provide the aforementioned document.

Thanks for any advice.

Ian

 

[CDNPR2014]

Hello all

Thanks for reading my message.

My sponsor has not completed a tax return for around 2 years, which means she cannot currently supply a notice of assessment as per section 5 in the document checklist for sponsor supporting documents.

I assume that this will cause a problem, as it asks us to give a reason if we cannot provide one and I'm guessing that 'because she hasn't gotten round to it' : is a going to sit too well with them! She has full employment and can prove how much she has been paying with all her payslips, she just hasn't filled in the tax return.

I was hoping to put the application in shortly, but I fear it may need to be delayed until she can provide the aforementioned document.

Thanks for any advice.

Ian

you are correct in assuming they probably will not accept her reason for not providing an NOA, however you never know. The NOA is how they confirm whether the sponsor has used welfare or filed for bankruptcy. It is advised for your spouse to get up to date with her taxes so she can supply an NOA. If it's not included, it is highly likely they will request it in order to approve her as sponsor.

she has 2 options:

1) she gets up to date with her taxes so she can submit an NOA
2) she submits a letter of explanation as to why she has not submitted an NOA and wait for IRCC's response.

there's really no way to know for sure what will happen, but it's usually best for the sponsor and applicant to put themselves in the best position for approval. choosing option 1 does that in this case.

 

[IanBradbury]

Thanks all for your help.

Ian