Sponsoring Australian (or any other spouse) to Canada - ask international non-resident income tax expert preparation & immig
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.
------------------------------------------
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?
----------------------------------------------
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
------------------------------------------
THANK YOU FOR ANY HELP AND
FORMS YOU CAN TELL US WE WILL NEED TO IMMIGRATE
THE WIFE FROM CHINA TO
CANADA.
===================
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.pdfThis 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.pdfThis 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=orderitemform_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.pdfThis is the application form to sponsor - form
IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdfThis is the sponsorship agreement - Form
IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDFThis is the Sponsorship Evaluation Form
IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDFThis is a statutory declaration of a common-law marriage - FORM
IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDFThis is the Sponsor Questionnaire - Form
IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDFThis is an authority to release information - FORM
IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDFThis is a document Checklist - Form IMM-5491
9.
http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.aspThis is where you order your official
receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdfThis is your actual Application for Permanent Residence - FORM
IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdfThis is your Background Declaration - FORM
IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDFThis is your additional family information - FORM
IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDFThis 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.htmlThis 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"
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ask international non-resident income tax expert
preparation & immigration consultant david ingram, experts on rentals mutual
funds RRSP RESP IRA 401(K) & divorce CKBD 600AM 9 AM Sunday on Fred
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David Ingram specializes in giving expert income
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