QUESTION: iam a U>S resident my botfriend is canadian resident we want to marry and live in canada with him i have 4 childern, do me and my kids become canadian citizens if we marry, and will i no longer recieve my child support from the U>S where the childerns father is located? --------------------------------------------------------------------------- david ingram replies: Child support would still be payable to you in Canada but you may not be able to bring the children to Canada without the permission of the children's father. If you do get permission, Marrying a Canadian does NOT make you a Canadian citizen and for you and your children to come to Canada as Permanent residents you will have to be married or have been living in a married relationship for a year or more with joint bank accounts, joint rental or joint ownership of a family home / car, etc, to show that you have a common-law marital relationship. Then he and yourself will have to fill out a batch of the forms that you will find in the following prior Q & A's: ---------------------------- Sent: Wednesday, October 26, 2005 3:25 PM To: taxman at centa.com Subject: Telephone Conversation Hi David, Thank you for taking my call just now and for your help. As we discussed, I am sending you this email to request the list of documents I would need in order to sponsor my husband to become a Permanent Resident of Canada . You mentioned that as of Feb. 18 this year there was a change in policy, and I am sorry but I think we got onto another topic of checking criminal records and I did not find out what that change was? Thank you so very much for your help. I certainly didn't expect to talk to you directly and it was a pleasure. I will be in touch for an appointment if I need further assistance. My email is: Sincerely, XXXXXXXXXXXXXXXXXXXXX The change was that he made it very much easier to sponsor a spouse from within Canada. I explained that when I suggested that if you had a summer / winter home in the Okanagan and decided to sponsor him from within Canada, it almost a 100% surety and you can just stay here. If you do this the time limit is likely less than six months. In the meantime, the following answers to some other questions will give you the forms you need. QUESTION: Hi, I am a US citizen who has met and fallen in love with a Canadian citizen. We want to get married and establish my perm resident status in Canada. I am confused on where to begin. I have taken the self-assessment test and scored a 72. I have a college degree (BA in English) but do not use my degree in conjunction with my job. I have worked as a chef and restaurant manager for 10+ years. A friend of my fiancé has offered me a job, but it is a seasonal position at a resort. Should I apply for a work visa? Should we get married and apply for him to sponsor me? Can I live in Canada while we are waiting for my perm residency? Sorry about having so many questions, the immigration process seems so daunting to me. thanks for your help, love the info I have gathered thus far. --------------------------------------------------------------------------- david ingram replies: Since Feb 18, 2005, it has become much easier for you to become a permanent resident. If you get married you can live together in Canada while your husband sponsors you. You cannot work however, without a work permit. If you can afford to take off a few months, you can start the process by filling in the following forms which are buried in another question. If you let me know where you are going to live I can suggest an immigration attorney or a member of the Canadian Society of Immigration consultants to help you if you need help. QUESTION: I'm a Canadian citizen if i married someone from Australia would that grant her citizenship to Canada, and would her age make a difference? --------------------------------------------------------------------------- david ingram replies: Marrying anyone from another country does NOT grant them Canadian Citizenship. However, if you qualify, you can sponsor your spouse to come to Canada. The following will give you an idea of the forms to fill out. If you need help, we can assist in the process or recommend a local person if you are not in the Vancouver area. And Note that as of February 18, 2005 it has become much easier tp sponsor a spouse from within Canada. If she is already here, you can sponsor her from within. The following Q & A I answered a year ago gives you the paperwork needed to fill out if she is still in Australia. See 14a below for the proper guide for Australia ----------------------------------- Hello! I am a Canadian citizen working on a TN visa for the past year as Senior Graphic Artist for an Ad agency downtown LA. I have met this wonderful, carrying lady that we have been dating for over 7 months now. I believe I am ready to propose and move on to a new chapter in my life. She is a Permanent resident living here in the US for 4 years (I think she already applied for her citizenship and waiting). I am not interested by any means to lose my Canadian citizenship (I am a dual citizen of Austria and Canada) and I would love to live in Toronto where we plan to live after her dental school (4 years) is over. But as you know I also dont want to be rejected by TN Visa officers on my extension visa case. What would be the best way to go about this? I only need to get a work permit until we go back to Toronto. Should we apply for her residency in Canada first or for mine in the US first? I read all your emails and they are very interesting but my case is also somewhat interesting to be added to your archive. J Thank you very much =============================== david ingram replies: She should get her US citizenship first if she is that close. Then, you can marry and she can sponsor you for US citizenship. If you decide to come to Canada AFTER she gets her US citizenship, you can sponsor her if you are married or even if you are living together as a common law couple. Either way, you should get your employer to change your visa to an H1 because that way you can be their intending to marry an American. With a TN visa, it is not valid if you intend to stay in the US forever. However, you likely have an out for your TN because you have clearly told me that you intend to return to live in Toronto. That is certainly a temporary intention as far as your residency in the US is concerned. The following old question is a map to what you will have to do to import your lady to Canada. QUESTION: I'm a Canadian citizen and just got married. My wife is a U.S. citizen. I would like to apply for my wife's permanent residence in Canada. I would appreciate if you can tell me the process and how long would it take. Thanks in advance =========================================== david ingram replies: You will have to decide on whether to apply form within or without Canada. Within would have her in Canada sooner but she can not work unless she has a work visa. If she has a university degree, she might qualify as a professional under Treaty NAFTA. Basically to sponsor her, you need to fill in the following paper work. At the moment, it is likely taking up to 22 months and is processed through Buffalo New York You can start the process by going to: 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 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. Be ALERT, the world needs more "lerts" Answers to this and other similar questions can be obtained free on Air every Sunday morning. Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier Partners and I will be hosting an INFOMERCIAL but LIVE talk show called "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the internet at www.600AM.com Local phone calls to (604) 280-0600 - Long distance calls to 1-866-778-0600. Old shows are archived at the site. This from ask an income tax immigration planning and bankruptcy expert consultant guru or preparer from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate: multi jurisdictional cross and trans border expatriate gambling refunds for the United States, Canada Mexico Great Britain the United Kingdom, Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, Indonesia, Egypt, Antarctica, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and Canadian and Mexican and any of the 43 states with state tax returns, etc. income tax wizard wizzard guru advisor advisors experts specialist specialists consultants taxmen taxman tax woman planner planning preparer of Alaska, Alabama, Arkansas, Arizona, California Denver Colorado, Connecticut, Delaware District of Columbia Miami Florida, Garland Georgia, Honolulu Hawaii, Idaho, Illinois, Indiana Des Moines Iowa Kansas Kentucky, Louisiana Bangor Maine Maryland Boston, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon. Paris, Rome, Sydney, Australia Hilton Pennsylvania, Rhode Island, Rockwall, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec City, New Brunswick, Prince Edward Island, Nova Scotia, Newfoundland, Yukon and Northwest and Nunavit Territories, Mount Vernon, Eumenclaw, Coos Bay and Dallas Houston Rockwall Garland Texas Taxman and Tax Guru and wizzard wizard - David Ingram's US/Canada Services US/Canada/Mexico Tax Immigration & working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Calls accepted from 10 AM to 10 PM 7 days a week Res (604) 980-3578 Cell (604) 657-8451 Bus (604) 980-0321 davidingram at shaw.ca www.centa.com www.david-ingram.com Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader & the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent financial, or real estate planner or advisor & appropriately qualified legal practitioner, tax or immigration specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Saudi Arabia to Mexico to China or Chile - Cross border, dual citizen - out of country investments are all handled with competence & authority.
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