QUESTION: My husband is a canadian citizen and I'm australian non resident of Canada. I've been going in and out of Canada twice a year for the past 2 years. We just bought a house and has mortgaged in the bank. I sold all my properties in Aust and now my husband's dillydallying on lodging our papers, I want to know what rights a non resident have or claims with the purchase of any property in Canada.
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david ingram replies:
The purchase of the property does not give you any rights in Canada in terms of immigration if that is the question.
Indeed, its existence and the sale of your Australian properties AND a husdband in Canada can b e enough to keep you OUT of Canda becasue the nice person at the border might assume you are trying to live here and deny you entry if you are not here under the right auspices.
It sounds like you are waiting for your husband to file (lodge) his paperwork for you to become a PR (permanent resident) of Canada.
If he does not do it sooner rather than later, you could have a problem.
The following will give you the paperwork that must be filled in and submitted. It is aimed at Americans but the Austraklian booklet can be found at 1(f) below:
There are some different rules for sponsorship from within Canada. If this is the case, also explore
http://www.cic.gc.ca/english/information/applications/spouse.asp
QUESTION:
I am a Canadian citizen working in Hong Kong for 4 years. I have declared
myself as "non-resident" of Canada for tax purposes.
I will be getting marry in Jan 2007. My fiancee is a HK citizen. We would
like to move back to Canada after marriage and I have the following
questions regarding sponsorship of my finacee's immigration application:
- can I sponsor the application with my non-residence status? then move
back after the application is approved??
- In order to sponsor the application, I need to fulfill some income
requirements. Can I use my income from HK as a proof or if I need to move
back alone first, then get a job and pay tax before I can apply??
To complete the question, what are the steps to take in order for us to move
to Canada?
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david ingram replies:
You can sponsor him from afar and move back together.
You need to fill out most, if not all of the following forms.
Unless there is a problem with criminality in your fiancée's background, you
should be able to fill them in yourself but we are here if you need some
help with them.
Our specialty is the tax portion of the question and we would be glad to
look after your arriving back in Canada returns.
The following older question and answer will give you what you need
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THANK YOU FOR ANY HELP AND FORMS YOU CAN TELL US WE WILL NEED TO IMMIGRATE
THE WIFE FROM CHINA TO CANADA.
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david ingram replies:
The following deals with sponsoring a spouse into Canada:
I can not guarantee that you will not have any problems but if you have no
problems in any of your backgrounds and your lady in is good health, you
should be able to sponsor her by filling in the following forms by yourself.
If there are any "really" questionable situations, you should consult with
an Immigration lawyer. If there is nothing questionable that requires
privileged communication, you can and should consult with a member of the
Canadian Society of Immigration Consultants.
In general, you can likely fill them in yourself. If you do need help, you
can contact me.
You can start the process by going to:
1.
1. http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
Publication 3910E
1.a http://www.cic.gc.ca/english/pdf/kits/guides/3903e.pdf
This is the Guide for sponsoring a spouse from MAINLAND CHINA, Macao, Tibet
and Hong Kong although the guide only refers to Mainland China on the cover.
You can also look at
https://services3.cic.gc.ca/kmsweb/order/orderitemform_init.do?dispatch=orde
ritemform_init&org.apache.struts.taglib.html.TOKEN=3b64c2b9871ff9732848f582b
894f62c to order the specific forms and at
http://www.cic.gc.ca/english/applications/fc.html to see a list of the
countries and areas.
1.b http://www.cic.gc.ca/english/pdf/kits/guides/3904e.pdf
This is the Guide for sponsoring a spouse form India, Nepal; or
Bhutan
1.c http://www.cic.gc.ca/english/pdf/kits/guides/3905E.pdf
This is the Guide for sponsoring a spouse from the Philippines
1.f http://www.cic.gc.ca/english/pdf/kits/guides/3906E.pdf
This is the Guide for sponsoring a spouse from Australia, Thailand,
Cambodia
1.g http://www.cic.gc.ca/english/pdf/kits/guides/3907E.pdf
This is the Guide for sponsoring a spouse from Bangladesh, South
Korea, Pakistan,
1.h http://www.cic.gc.ca/english/pdf/kits/guides/3908E.pdf
This is the Guide for sponsoring a spouse from Peru in South America
through Guatemala to México
2. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9. http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14. The Above PLUS a police report from your local police station (See
the guide for details) applies to those being sponsored from the UNITED
STATES. There is a separate brochure for every country. If you are reading
this and are from any other country (Australia, Brunei, Austria, Venezuela,
etc) goto
14a http://www.cic.gc.ca/english/applications/fc.html for other country
guides.
15. http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her
eligibility to immigrate to Canada without being sponsored by a spouse.
I know this will help you make your decision. If we can help you, remember,
that is what we do for a living. In particular you should goto
www.centa.com and click on and read US/Canada taxation BEFORE you come.
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CEN-TA Cross Border Services - Tax, Visas, Immigration
http://www.centa.com/article.php/20070819002019210