Still classified as Settler?

[kumbu.bumbu]

To whom is this observation addressed?

My bad. I edited my post.

 

[david1697]

I may be wrong here.

Exemption is allowed for
moving back to Canada to resume residence after an absence of at least one year, or after being a resident of another country for at least one year.

Who are considered Former Residents?
Former Residents of Canada are persons who are returning to Canada to resume residence in Canada after having been residents of another country for a period of not less than one year.

But if you landed and went back how could you be a former resident?

See below for definition of Settlers and Former Residents. It's taken directly from CBSA webpage (link: http://cbsa-asfc.gc.ca/publications/pub/bsf5113-eng.html#s2 )

My understanding is that if you land, stay briefly in Canada and depart, and then return to Canada at some future (undetermined at the time of landing) point, and upon your return ,for the first time, intend to stay in Canada for not less than 12 months then you will be considered a Settler, but not until then (provided you did not come to Canada in past for purposes of employment for a period exceeding 36 months).

Since I don't know exact definition of word "Resident" for Customs purposes, I don't know whether someone who visited Canada in past for the purposes of Landing could be classified as a Returning Resident.

But it seems clear cut that the above would be considered a Settler.


........In all cases, you may qualify for duty- and tax-free importation of your personal and household goods, if you meet the conditions outlined in this publication......

Who are considered Settlers?

Under customs legislation, Settlers mean all individuals who enter Canada with the intention of establishing, for the first time, a residence for a period of not less than 12 months.

It is important to know that the status of a person for customs purposes is not always the same as the person's status for immigration purposes.

For example,

Persons coming to Canada for the purposes of employment for a period exceeding 36 months (other than United States Preclearance personnel) are at first arrival considered to be Settlers to Canada even though they may be considered Temporary Residents for immigration purposes;
Persons entering Canada to become Permanent Residents without the intention of residing immediately in Canada are not considered Settlers to Canada since they do not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time. Therefore, under customs legislation, these persons are considered visitors to Canada, even if they are Permanent Residents for immigration purposes.


Who are considered Former Residents?

Former Residents of Canada are persons who are returning to Canada to resume residence in Canada after having been residents of another country for a period of not less than one year. Persons who establish themselves as residents of another country for a period of at least one year may make return visits to Canada (as non-resident visitors) without jeopardizing their former resident entitlement.
However, persons who do not establish themselves as residents of another country during their absence from Canada, such as those on extended vacations, voyages or world cruises, are only eligible to the former resident entitlement if the duration of their absence is a continuous period of at least one year, without any return to Canada having been made during that time. Should these persons make return visits to Canada, they will be entitled to a personal exemption as described in the publication called “I Declare”.

 

[kumbu.bumbu]

See below for definition of Settlers and Former Residents. It's taken directly from CBSA webpage (link: http://cbsa-asfc.gc.ca/publications/pub/bsf5113-eng.html#s2 )

This is what is in the beginning of the same page.

This publication will be helpful if you are:

• entering Canada with the intention of establishing, for the first time, a residence for a period of not less than one year;
• coming to Canada for temporary employment for a period of more than three years;
• moving back to Canada to resume residence after an absence of at least one year, or after being a resident of another country for at least one year.
The CBSA considers one year to be one calendar year from your date of departure. For example, if you leave on January 1, 2010, and return on January 1, 2011, you are considered to have been absent for one year.


OP doesn't get exemption in any of the above. So as I said when landed he should have listed and declared goods to follow (i.e. B4).
OP Wrote

Hi Everyone,

I have been in Canada since Oct 2011 and landed as PR in April 2014. I am traveling back to the UK in March, at which time I was planning to send my belongings to to Canada.

As I have waited such a long time since landing am I still considered a settler? The description on the website is "entering Canada with the intention of establishing, for the first time, a residence for a period of not less than one year". The phrase "for the first time" worries me....

Am I able to bring my belongings to Canada? If so, will there be anything in addition to presenting the from B4 when I re-enter the country?

Any help or advice would be appreciated.

Thanks

Dan

 

[kumbu.bumbu]

Hi Everyone,

I have been in Canada since Oct 2011 and landed as PR in April 2014. I am traveling back to the UK in March, at which time I was planning to send my belongings to to Canada.

As I have waited such a long time since landing am I still considered a settler? The description on the website is "entering Canada with the intention of establishing, for the first time, a residence for a period of not less than one year". The phrase "for the first time" worries me....

Am I able to bring my belongings to Canada? If so, will there be anything in addition to presenting the from B4 when I re-enter the country?

Any help or advice would be appreciated.

Thanks

Dan

As david1697 saying unless it has something to do with ancestral property or a gift to remember or memento I don't think it is worth to ship from UK. You can get newer things for the shipping cost.
But if it qualifies to ship it it would also qualify to pay duty as well. Since you forgot them in your B4 yu can't do anything now. Or get yourself absent from canada for an year and you may bring them as resuming resident. (thanks to david1697)

 

[david1697]

This is what is in the beginning of the same page.

This publication will be helpful if you are:

• entering Canada with the intention of establishing, for the first time, a residence for a period of not less than one year;
• coming to Canada for temporary employment for a period of more than three years;
• moving back to Canada to resume residence after an absence of at least one year, or after being a resident of another country for at least one year.
The CBSA considers one year to be one calendar year from your date of departure. For example, if you leave on January 1, 2010, and return on January 1, 2011, you are considered to have been absent for one year.


OP doesn't get exemption in any of the above. So as I said when landed he should have listed and declared goods to follow (i.e. B4).
OP Wrote

I didn't say anything about applicability of the rule to OP per se, because I don't know all the particulars of OP.

I responded to your post and stated that as far as I understand, ANYONE who briefly lands in Canada, departs (for undetermined period of time) and later returns to Canada with the intention to stay for no less than 12 months will be considered a Settler (provided they didn't prior to that come to Canada as temporary workers for a period of time exceeding 36 months).

Questions OP must answer are:

1. Did he come to Canada (prior to becoming a PR) for purposes of employment for a period exceeding 36 months?
2. Did he intend to establish a residence in Canada , for not less than 12 months, when he landed in April 2014?

If you read his timelines, you can see there is a possibility that he qualifies as a settler if he indeed didn't ever come to Canada for purpose of employment exceeding 36 months, if he indeed didn't intend to stay for at least 12 months when he landed and if he will be returning to Canada with the intention to settle for longer than 12 months for the first time ever.
But possibility is not certainty. I don't know enough about OP to advise if rule is applicable to him , I don't know if he was in Canada before 10/2011, I don't know if he came to Canada as temp for purposes of employment exceeding 36 months in past, I don't know if he ever intended to stay in Canada after landing for at least 12 months and so on. Only OP knows for sure all the answers,I don't.
Most importantly, I don't give a legal advise, no matter what.

But rule is clear cut: ANYONE who briefly lands in Canada, departs (for undetermined period of time) and later returns to Canada with the intention to stay for no less than 12 months will be considered a Settler (provided they didn't prior to that come to Canada as temporary workers for a period of time exceeding 36 months).

 

[kumbu.bumbu]

***************

But rule is clear cut: ANYONE who briefly lands in Canada, departs (for undetermined period of time) and later returns to Canada with the intention to stay for no less than 12 months will be considered a Settler (provided they didn't prior to that come to Canada as temporary workers for a period of time exceeding 36 months).

I already agreed to the above point. Thanks for educating me/us on this.

Based on what OP said it is clear that he would not qualify for any of the three scenario's right now.

1. As he already landed as PR and so 'not for the first time'.
2. Cannot be for temporary employment
3. Travelling back in March (i.e. unless he returns in March 2016 he wouldn't qualify as he has to complete one year out of Canada to qualify as resume residency)

 

[david1697]

I already agreed to the above point. Thanks for educating me/us on this.

Based on what OP said it is clear that he would not qualify for any of the three scenario's right now.

1. As he already landed as PR and so 'not for the first time'.
2. Cannot be for temporary employment
3. Travelling back in March (i.e. unless he returns in March 2016 he wouldn't qualify as he has to complete one year out of Canada to qualify as resume residency)

The "first time" does not happen until one moves with the intention to stay at least 12 months. If he just landed and left Canada he would have been a "Visitor" for Customs purposes, and there was no "first time" unless he came to Canada as a temp worker for more than 36 months or moved as PR with intention to stay for 12 mo or longer (as rule clearly states that for Customs purposes status of entrant can be different than for Immigration, and gives examples too).

I will not debate the rest. I don't know what exactly OP's individual case is.
I only know what the rule posted by CBSA is.

 

[kumbu.bumbu]

The "first time" does not happen until one moves with the intention to stay at least 12 months. If he just landed and left Canada he would have been a "Visitor" for Customs purposes, and there was no "first time" unless he came to Canada as a temp worker for more than 36 months or moved as PR with intention to stay for 12 mo or longer (as rule clearly states that for Customs purposes status of entrant can be different than for Immigration, and gives examples too).

I will not debate the rest. I don't know what exactly OP's individual case is.
I only know what the rule posted by CBSA is.

Hi Everyone,

I have been in Canada since Oct 2011 and landed as PR in April 2014. I am traveling back to the UK in March, at which time I was planning to send my belongings to to Canada.

As I have waited such a long time since landing am I still considered a settler? The description on the website is "entering Canada with the intention of establishing, for the first time, a residence for a period of not less than one year". The phrase "for the first time" worries me....

Am I able to bring my belongings to Canada? If so, will there be anything in addition to presenting the from B4 when I re-enter the country?

Any help or advice would be appreciated.

Thanks

Dan

I don't get how OP would qualify for first time. May be I am an idiot. I rest my case.

 

[david1697]

I don't get how OP would qualify for first time. May be I am an idiot. I rest my case.

Question is: for the first time to do what?

Quote: ...entering Canada with the intention of establishing, for the first time, a residence for a period of not less than one year; End of Quote

If you Land , but do NOT intend ,and never before intended to , establish a residence for a period of not less than one year, then how could your action be confused with the one who for the first time intends to establish a residence for a period of not less than one year?

You miss the part where it clearly states:

Quote: It is important to know that the status of a person for customs purposes is not always the same as the person's status for immigration purposes End of Quote.