US outland applicants' thread :)

[OhCanadiana]

I just wanted to post this here as an FYI for those just starting their process. My husband and I applied for a study permit for me a month and a half back (because of the uncertainty with how long Ottawa would take, we didn't want to keep putting school off for me) before we got the PPR, and we just got the approval for it.

Congratulations, Rose2D2

 

[simb]

any advices on how to prepare for interview... I got Interview in April 2013
VO LA office

 

[computergeek]

any advices on how to prepare for interview... I got Interview in April 2013
VO LA office

Order your GCMS notes. Find out why they want an interview. It's either due to questions about your relationship or your background and the notes will make that clear.

If it is relationship issues, start collecting as much evidence as you can about the genuine nature of your relationship.

 

[simb]

Order your GCMS notes. Find out why they want an interview. It's either due to questions about your relationship or your background and the notes will make that clear.

If it is relationship issues, start collecting as much evidence as you can about the genuine nature of your relationship.

i have ordered one..lets see what they say

 

[cempjwi]

Another user suggested I come to this thread to get some more knowledgeable answers and users with experience.
I posted in the General Immigration section if you want to go read my thread there first.

If you don't want to read that whole conversation I linked to, here are the basics:

I want to eventually become a permanent resident in Quebec, Canada. I thought the easiest way besides getting married would be through the common-law visa. Since I am a student and have no job here, I can not apply for a work or student visa in Canada. So, it looks like me visiting for 6 months and if I get an extended stay approved should suffice for proof of my boyfriend and I living together, so I can get the common-law visa.

The most immediate thing I am concerned about is what I tell the immigration officers when I go through immigration flying to Canada.
Should I tell the absolute truth and say I am going to visit my boyfriend for a few months? Since you're allowed to visit on just a passport alone for 6 months.
Do I absolutely need a return flight booked already to "prove" I am going back to my home country?

Any help is greeeeeatly appreciated!

You definitely don't want to do that. Proving the relationship as common-law will not be the issue. The issue will be that you would be in Canada under an admission that was not at least for 1yr (extensions do not count because visitor admissions are at most for 6mos at a time and that would invalidate an application where you were claiming to live in Canada). So your application will most likely be denied on those grounds. Your only choice is to get married and then apply while you are still residing in the US.

 

[aerogurl87]

You definitely don't want to do that. Proving the relationship as common-law will not be the issue. The issue will be that you would be in Canada under an admission that was not at least for 1yr (extensions do not count because visitor admissions are at most for 6mos at a time and that would invalidate an application where you were claiming to live in Canada). So your application will most likely be denied on those grounds. Your only choice is to get married and then apply while you are still residing in the US.

As long as she proves she stayed with him for one continuous year in a marriage like relationship, she can apply as common law. And even if she were to leave for a week or so to visit her family or something, she would still qualify. The only problem I can see, is her getting proof like joint bank accounts, bills, a lease, etc. Other than that, once you stay in Canada more than 183 days out of the year, you are automatically considered a temporary resident.

 

[computergeek]

... once you stay in Canada more than 183 days out of the year, you are automatically considered a temporary resident.

Note that under the Canada/US Tax treaty, 183 days also makes you a tax resident of Canada and legally required to file a Canadian tax return. Since she won't have a SIN, she will need to apply for an ITN from CRA. If she doesn't have much income, it won't matter, but it's always something to keep in mind.

 

[parker24]

Note that under the Canada/US Tax treaty, 183 days also makes you a tax resident of Canada and legally required to file a Canadian tax return. Since she won't have a SIN, she will need to apply for an ITN from CRA. If she doesn't have much income, it won't matter, but it's always something to keep in mind.

Even as a visitor? I didn't know that! Hm, I'll have to look into that.

 

[amikety]

As long as she proves she stayed with him for one continuous year in a marriage like relationship, she can apply as common law. And even if she were to leave for a week or so to visit her family or something, she would still qualify. The only problem I can see, is her getting proof like joint bank accounts, bills, a lease, etc. Other than that, once you stay in Canada more than 183 days out of the year, you are automatically considered a temporary resident.

I had no problems getting a bank account (sole) or signing a lease. I also had a Visitor's Record, which was required by the bank.

 

[lleahdoll]

I won't have any income since I am going as a visitor, not going on a work visa.
I appreciate everyone's input.
I am so worried something won't work out but the positive feedback is helping a lot

 

[Creampop]

Even as a visitor? I didn't know that! Hm, I'll have to look into that.

Parker I told you before when we were all having the problems with us owing and then CRA owing us and waiting months to get it worked out. I am here as a visitor and since my VR was for longer then 6 months they (CRA) issued me a temporary taxation number (TTN) and was told I must file a return even if my income in Canada is 0.00. and you must claim all world income either from work, interest drawing accounts, stocks, bonds, anything that brings money into your pocket.

 

[amikety]

My current VR is valid for a year and no one has said a thing to me about taxes. I guess I should call them and ask.

Kinda makes me nervous if I need to... Glad it was brought up here instead of me not filing and being naughty!

I've seen a lot about it on the forum, so do I need a police clearance from Canada too? I've been here since July 2011 as a visitor with a VR almost the entire time. I'm basically living here but can't claim to be anything more than a tourist.

 

[lleahdoll]

I'd be very interested to know all these things as well! So I can prepare for when I get a visitor's record.

 

[Creampop]

amikety, your boyfriend should have reported to CRA as soon as you became common-law, this would also have been good evidence to send in with you application. Immigration and CRA have different rules according to immigration you are a visitor and that is it, to CRA you are a non-resident for tax purposes. This is nothing that a phone call can't fix. No you do not need police clearance from Canada, they run their own background checks.

 

[computergeek]

Even as a visitor? I didn't know that! Hm, I'll have to look into that.

It actually relates to a number of factors, but 183 days is a magic number for tax rules.

Here's a CRA tax bulletin about how to determine residency.

And you should review Article IV of the Canada/US Tax Treaty.

Taxation between the two countries gets rather complicated. For example, if a Canadian citizen goes to Las Vegas and wins $1,000,000 the Casino will make a 30% withholding (required under US law for all foreign nationals to guarantee filing of a return and payment of any tax due). However, Canadian citizen's are not subject to Canadian income tax on such winnings and thus under the treaty the Canadian is entitled to a refund of that amount.

I recently had to do a bit of research down this esoteric area because I received some odd paperwork from my life insurance company (a "W8BEN" form) and it turns out the US imposes the same 30% withholding on non-US beneficiaries of the proceeds of life insurance contracts. But due to the language of the tax treaty, my spouse (and beneficiary) has no tax liability for such payout. Of course, the insurance company shifts the burden of figuring this out onto me or the recipient of course.

Finding people familiar with Canadian/US tax law and tax issues is surprisingly challenging. They do exist, but as I've learned it's quite expensive, so its worth being able to do your own research in this area.