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Spouse landing in Canada without sponsor ok?

bobrakhee

Newbie
Apr 8, 2016
4
0
Question 1 - I'm non-resident Canadian, my spouse received PR. We both live outside of Canada, I'm her sponsor. Can spouse land in Canada without me taking up residency?
Question 2 - If spouse takes up residency and I'm still non-resident and living outside Canada, will I have to pay Canadian tax on my non-Canadian income.
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
bobrakhee said:
Question 1 - I'm non-resident Canadian, my spouse received PR. We both live outside of Canada, I'm her sponsor. Can spouse land in Canada without me taking up residency?
Question 2 - If spouse takes up residency and I'm still non-resident and living outside Canada, will I have to pay Canadian tax on my non-Canadian income.
IMHO:

1 - When you sponsor a spouse for PR while living abroad, you also promise to move to Canada when your spouse gets PR. That is part of the process. You are not supposed to sponsor your spouse unless you both of you intend on moving to Canada together. Also if your spouse has Condition 51 on her COPR, you two must live together for 2 years. So basically, the short answer is "NO". For course you don't have to come back immediately, but you do have to come back relatively soon after.

2 - If you ignore your requirement to move back to Canada and your spouse lives in Canada while you live abroad, your spouse is considered a strong residential tie to Canada for you and you will likely need to file Canadian taxes. How much you have to pay would depend on several factors like if there is a tax treaty between Canada and the country you live/work in. But this is a moot point since you need to move back to Canada with your spouse if you don't want to commit misrepresentation.
 

Bkshots

Newbie
Oct 9, 2016
2
0
I am a canadian citizen, i am currently living outsidr of canada with my wife. She is not a citizen and has just received her pr papers.

My question is: can she land for the first time without me being physically present in the country? Due to obligations abroad i cannot travel with her. Can she go and get her landing done whilst im out of the country?

I have not declared non resident status. Not sure if this is relevant or not.
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
Bkshots said:
I am a canadian citizen, i am currently living outsidr of canada with my wife. She is not a citizen and has just received her pr papers.

My question is: can she land for the first time without me being physically present in the country? Due to obligations abroad i cannot travel with her. Can she go and get her landing done whilst im out of the country?

I have not declared non resident status. Not sure if this is relevant or not.
You don't technically have to be with her when she lands. But you are expected to come back soon after. How long will it be before you join her in Canada?