Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[karishma90]

If you only have jewellery of personal use, you do not have to declare it unless you bring it into Canada to be resold or re-exported. If you have a commercial quantity or a huge quantity, you will be exempt from duties on it only when you are a new settler, i.e. a PR entering Canada, and not as a temporary visitor.

so as an inland applicant how do i go about cbsa "goods to follow" declaration when i get my PR?

 

[tuxarc]

Hello @legalfalcon , for common-law sponsorship applications, is it considered a break of cohabitation if for a few times throughout the year we've spent up to 21 days in a row apart from each other? Also, to calculate this, do dates that we spent partially together (date of departure) count as together or apart?

 

[legalfalcon]

so as an inland applicant how do i go about cbsa "goods to follow" declaration when i get my PR?

The law defines a "new setteler" as someone who is entering Canada for the first time, of when you enter to establish a residence for one year or more when coming on a TRV (usually for international students who will be in Canada for a duration of more than 1 year or on a work permit that is for more than one year). It is at that time you had to submit the goods to follow.

Alternatively, you can also use this when you are a returning "settler" who is returning to Canada after a stay outside Canada for a prolonged period.

After you have established a residence in Canada, as defined for a "new settler," you cannot then use the form. When you landed, you should have declared it then.

 

[legalfalcon]

Hello @legalfalcon , for common-law sponsorship applications, is it considered a break of cohabitation if for a few times throughout the year we've spent up to 21 days in a row apart from each other? Also, to calculate this, do dates that we spent partially together (date of departure) count as together or apart?

Common law is defined in the immigration and refugee protection regulations as:

common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait).

Further, IRCCs assessment of common is done as per the following:

Cohabitation means living together. Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

Further, the above has to be seen in the light of how the courts in Canada have interpreted "cohabitation." You can read:

Astley v. The Queen, 2012 TCC 155 (CanLII)

Stuart v. Toth, 2011 MBCA 42 (CanLII)

Keep in mind that "common law" is defined in income tax laws and that is where the definition has been taken by IRCC and other federal agencies. Also the cases on IT are looked into when analyzing the definition of "common law" under immigration law as well.

 

[Drudkhoz]

@legalfalcon We are a family of 3 and received COPR.

1) I have withdrawn majority of my POF and converted them to USD. But I will be travelling in June. Will this be a problem since the money isn’t in my bank anymore.

2) I will be carrying 16k USD in cash due to personal reasons. What will be asked from me after declaration? I will keep the bank statements but they will show money withdrawn in April.

 

[legalfalcon]

@legalfalcon We are a family of 3 and received COPR.

1) I have withdrawn majority of my POF and converted them to USD. But I will be travelling in June. Will this be a problem since the money isn’t in my bank anymore.

2) I will be carrying 16k USD in cash due to personal reasons. What will be asked from me after declaration? I will keep the bank statements but they will show money withdrawn in April.

1) No. You can show the funds you are carrying with you and the transaction of converting the funds.

2) If you carry over 10K CAD person you have to declare it and show the source. If the CBSA officer is satisfied, they will let you go. The concern is that it should not be proceeds of money laundering so you will need to show the paper trail. If you are a family of 3, then you each can carry 10K CAD, so carrying 16K USD should not be an issue.

 

[Drudkhoz]

1) No. You can show the funds you are carrying with you and the transaction of converting the funds.

2) If you carry over 10K CAD person you have to declare it and show the source. If the CBSA officer is satisfied, they will let you go. The concern is that it should not be proceeds of money laundering so you will need to show the paper trail. If you are a family of 3, then you each can carry 10K CAD, so carrying 16K USD should not be an issue.

Thank you so much

I had the misconception that it is 10k CAD per household. In this case then I won’t have to declare that I am carrying more than 10k. Am I right?

 

[olikala]

Hi @legalfalcon !
I have a query:
I have a valid COPR. It mentions the Country of Issue (The line under Travel document number) Qatar (my passport was issued in Qatar as I reside here) and my citizenship is Ukraine. However, now I am concerned about whether the Country of Issue should be Ukraine? They have issued the COPR based on that data and I also have the visa in this passport. Will it be ok when I land?

 

[disojah503]

Hi @legalfalcon
Recently I received my Ready for Visa with the quote:
"
You must submit together:
...
If not yet paid, Right of Permanent Residence Fee (RPRF) for you and your accompanying spouse (if applicable). We strongly encourage you to pay your fees online and provide a copy of the receipt. To pay your fees online, click here: https://eservices.cic.gc.ca/epay/welcome.do
"

During my PR application in 2020, I had already made the payment for the Right to permanent residence fee.
Can you please advise if I should I send this receipt along with the other documents, or is this applicable only for people who are yet to pay the RPRF?

Thank you in advance.

 

[legalfalcon]

Thank you so much

I had the misconception that it is 10k CAD per household. In this case then I won’t have to declare that I am carrying more than 10k. Am I right?

See https://www.cbsa-asfc.gc.ca/travel-voyage/ttd-vdd-eng.html

$10K is per traveller.

 

[legalfalcon]

Hi @legalfalcon !
I have a query:
I have a valid COPR. It mentions the Country of Issue (The line under Travel document number) Qatar (my passport was issued in Qatar as I reside here) and my citizenship is Ukraine. However, now I am concerned about whether the Country of Issue should be Ukraine? They have issued the COPR based on that data and I also have the visa in this passport. Will it be ok when I land?

It will not be an issue when you land. Upon landing you can point this out to the CBSA officer. In some cases, they can correct it and issue you a new COPR there.

If not, you will then have to file a request to amend the COPR after you are in Canada.

See https://www.canada.ca/en/immigratio...dence-valid-temporary-resident-documents.html

 

[legalfalcon]

Hi @legalfalcon
Recently I received my Ready for Visa with the quote:
"
You must submit together:
...
If not yet paid, Right of Permanent Residence Fee (RPRF) for you and your accompanying spouse (if applicable). We strongly encourage you to pay your fees online and provide a copy of the receipt. To pay your fees online, click here: https://eservices.cic.gc.ca/epay/welcome.do
"

During my PR application in 2020, I had already made the payment for the Right to permanent residence fee.
Can you please advise if I should I send this receipt along with the other documents, or is this applicable only for people who are yet to pay the RPRF?

Thank you in advance.

It clearly states: "If not yet paid"

 

[binder1232]

You will have to wait and see what is the validity date of the PR visa and the COPR.

Your friend will have to enter Canada on or before the expiry of how PR visa.

Sir, Thank you for your reply.

My friend reached Canada yesterday. His PR entry visa valid for one year. He received an instruction letter in his GC Key regarding the validity of his Medical i.e. till 20.04.2022 and he immediately moved for saskatoon from India on 16.04.2022 and enter before 20th April.

 

[legalfalcon]

@legalfalcon I'm an EE FSW applicant and wanted to get your advice on whether I will face any issues at a later stage - when applying for citizenship if I moved to Quebec for a job/job hunting after landing and staying 2 weeks in BC.

And does it make a difference whether a passport has only about 6 months validity upon landing or having it renewed for a 10 year validity before travelling.

Thank you.

As a FSW, after you land and are admitted into Canada, you can live and work anywhere in Canada, including Quebec.

See https://bit.ly/3rA9eGL

 

[DavidBurke]

@legalfalcon

Thank you for the reply. Please could you also let me know whether there are any advantages/PR card validity or anything if I renewed my passport before I do my landing. I will have about 6 months validity on my passport after landing and would prefer not to have my passport renewed before travelling if it wouldn't make any difference. Appreciate your advice on the matter.