Sponsoring my Korean wife for permanent residency

[CanNZ]

Thanks Rob!

 

[CanNZ]

Well, I might as well share our experience at the border.

We decided to go to the Coutts border crossing as we wanting to have lunch in the U.S. and do some shopping.

We got to the border and told U.S. immigration that we wanted to do lunch in U.S. and then my wife would land. They told us that we couldn't do that as my wife would have to do the landing first just in case 'the landing didn't go well on Canada side.'

We accepted that and went into the office where this lady was at first a bit surly to us but then was fine and polite. My wife got the form and then they showed us how to get back to Canada's side.

At Canada immi we told them my wife was going to do her landing, they said 'fine' park at the parking lot and bring all the paper in.

We got in, gave them my wife's passport and her refusal letter from U.S. immi, for some reason they took my passport too.

After a long wait, and I mean LONG (50 MINUTES), they called us to the counter were the immi worker gave me a lecture about why we didn't make an appointment at the CIC office in Calgary. I was honestly surprised and taken back by this. After a bit of the lecture, he said that we weren't in trouble, just he wondered why. I said that we got the papers late Thursday night and this was the fastest way to do her landing. He did seem quite annoyed at first, but then his attitude did improve a bit after the lecture.

After that, he took her COPR and then said that he had some work to do, and told us to go sit down. After about 5 minutes he called us back up and then read over the document with my wife and told her to initial and sign at certain places on the form and made sure she was aware of the rules '2 years with me' and the '3 out of 5 years' in Canada. stuff.

He then told us to sit down again but called us back quickly signed and stamped the form. Also, they told us that my wife couldn't go to the U.S. until she got her PR card. Said we couldn't use the COPR for 're-entry' and if we did go, she would need to visit an Embassy to get a special PR document to prove she is has landed and is a permanent resident of Canada. He told us just to wait until she gets her card in the mail.

All in all, it took about 90 minutes at both Immi offices.

I wouldn't got to Coutts as it was a busy immi office, , which probably slowed down the process a lot and the workers weren't very polite tbh.

 

[CanNZ]

By the way, thank you to EVERYONE on this thread that assisted me in getting through this process. Bartjones, Rob TO, Korea2Canada, even others who came to this thread later, you guys helped so much!

 

[Rob_TO]

the immi worker gave me a lecture about why we didn't make an appointment at the CIC office in Calgary.

Also, they told us that my wife couldn't go to the U.S. until she got her PR card. Said we couldn't use the COPR for 're-entry' and if we did go, she would need to visit an Embassy to get a special PR document to prove she is has landed and is a permanent resident of Canada. He told us just to wait until she gets her card in the mail.

You should have told him it can take 2-3 months to get an appointment with a CIC office.

It's amazing how CBSA knows so little about the PR process. Of course it's perfectly fine for your wife to travel to the US without her PR card. A physical PR card or a PR Travel Document is most definitely NOT required to prove your PR status upon re-entry to Canada, just her passport and COPR are more than enough. PR Travel Documents are only required for people who aren't visa exempt (so not for Koreans who are visa exempt) and only if they're flying back to Canada.

 

[CanNZ]

Yeah, we did debate about the thing, but to be honest, it was a long day and we just decided to go home. I checked last night and it seems like we have to wait 22 calendar day to get her card, so it will probably be 30 days. Our plan is to go visit Vegas in the summer when I have some time off.

We are just glad to be over with this shite. I won't let his comments ruin the day for me and my wife.

 

[CanNZ]

BTW Rob, the COPR has written on it, in huge capital letters, "not valid for travel"

 

[Rob_TO]

BTW Rob, the COPR has written on it, in huge capital letters, "not valid for travel"

That's just for the sake of boarding a commercial airline/bus back to Canada. They will not accept the COPR as a travel document or replacement for a visa (if you aren't visa-exempt).

However once you are actually back at a Canada border, CBSA can use the passport and COPR to confirm your PR status.

My wife and I did exactly this, as we left on a vacation to Mexico the week after she landed so before she had her physical PR card (back then it was a good 2 months wait). On the way back to Canada we told the airline in Mexico she was a visitor traveling on her visa-exempt passport, and once at Canadian airport we just showed her passport and COPR and the CBSA officer used that to confirm her PR status and let her in. No problem at all.

Should note also that getting a PR Travel Document in these cases is CIC standard procedure no matter if visa-exempt or not. I called CIC twice before we went to Mexico, and both times they said a Travel Doc was required, so i guess that is their official policy on the subject. It's just in reality there are workarounds... but at least I can see where the CBSA officer was coming from in telling you this.

 

[Marticus]

Hi everyone,

It's been a while, things are going well here. Now that tax season is upon us, I have a question for all of you who spent a good chunk of time in Korea.

I moved to Korea in 2008. I filed for 2008 and 2009. I was then advised that since my ties in Korea were stronger than that of Canada (wife, job in Korea vs. credit card, bank account, parents back in Canada) that i should claim non-residency status (I filled out a form, and they filed a 0.00 dollar return for 2009) They told me (they = H&R Block) that there was no need for me to file until I returned to Canada.

Well, here we are, went into the office today (I think the guy was an amateur?) and he told me i needed to claim my Korean income because i spent 1/2 the year working in Korea, moved back here and started working in Canada., even though I was a non-resident and I should file $0 for the missing years that I was working in Korea.

Any one have a similar experience? Could you shed some light on this for me on how you did your taxes when you returned?

Thank you

 

[CanNZ]

I was gone for so long that it wasn't a big issue. I just went to H and R Block and did it with them. Ended up getting 2 dollars back, woo hoo!

 

[Rob_TO]

I moved to Korea in 2008. I filed for 2008 and 2009. I was then advised that since my ties in Korea were stronger than that of Canada (wife, job in Korea vs. credit card, bank account, parents back in Canada) that i should claim non-residency status (I filled out a form, and they filed a 0.00 dollar return for 2009) They told me (they = H&R Block) that there was no need for me to file until I returned to Canada.

You have to be very careful about this. In having family, property, a credit card and bank account, etc in Canada, CRA may classify you as a deemed or factual resident of Canada for tax purposes, even though you lived exclusively in Korea, and demand you pay income taxes all those years on your Korean income. In order to be a true non-resident and not be liable for Canadian income tax, you would need to prove to CRA you have severed all ties to Canada (so may need to have closed all your financial accounts). Non-residency is always at the discretion of CRA.

Anyways you can continue to do as your accountant recommended, but just note that in case you are ever audited CRA may claim you didn't qualify as a non-resident and force you to pay back taxes on all that Korean income. Of course hopefully this never happens, as true audits are rare.

Read here for some more on the complex issues around residency:
http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s5/f1/s5-f1-c1-eng.html
http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html

 

[ctcruiser]

I just opened up the envelope for our paperwork and everything looks good. We have until July to so the landing, but we just want to get it done right away do we're planning to go down to the border next Saturday.

So now that the process is almost done, we're looking into getting my wife's funds and belongings figured out. I read in the paperwork about declaring everything that she will be shipping. Will it look suspicious if she doesn't declare anything? We already have everything here that she wanted to bring, and it was all on the lists that I presented when I returned as part of my stuff. Also, is there a way for her to transfer her savings without paying a ton of taxes on it? Now that she has her PR, we're looking at buying a house and want to use the money we have in Korea to do that. Just not sure how best to get it here.

Also, on the tax topic, I'm in the same boat as you CaNZ. I moved to Korea in 2007 and haven't filed since 2008. I still had bank accounts, student loans and a credit card here, as well as my canadian driver license. However, I did have my health care cancelled and didn't own a car or property etc, so I'm hoping I won't have any problems claiming no residency. I made about $300 in Canada since 2007(I workdd 2 weeks in December)
How much did it cost to do your taxes at H&R CaNZ? I'm wondering if I need to go to them since I havet filed for so long. Not sure If I have to file for past years or not.

CT

 

[CanNZ]

Don't go to Coutts crossing.

 

[floomy]

I just received email to re do the medical.
I wonder how far the process would be left from now.

thanx

 

[CanNZ]

Check your ECAS status, if it is at "in process" then it is not much longer.

 

[floomy]

Thank you for reply. mine is still " application received" though.