My_question_is: Canadian-specific
Subject: Sponsoring Indonesian national, or other options
Expert: taxman at centa.com
Date: Friday October 27, 2006
Time: 05:30 PM -0400
QUESTION:
Hello,
I am a Canadian resident and would like to marry an
Indonesian girl. I live in Canada, and she lives in
Indonesia.
Instead of getting married in Indonesia and then applying
to sponsor her to come to Canada (which would mean
we’d be apart perhaps another year after we are married),
is there a way to bring her to Canada without having to
wait for a year, and then sponsor her from inside Canada?
Can she perhaps come as a tourist, and we get married in
Canada and then apply for change of status, or what
options do we have?
Thank you kindly,
--------------------------------------
david ingram replies:
If she came to Canada as a visitor and you were married
subsequently, you would be able to sponsor her from within
Canada. The problem is that she is technically entering Canada
illegally.
If the situation is caught, you could end up with more troubles
and there is no appeal from a turn-down when applying from within
Canada.
Better to get married and sponsor her through the normal
channels.
The following gives you the forms and rules. See 1(f) for
Indonesia. You will find forms further down.
1.f http://www.cic.gc.ca/english/pdf/kits/guides/3906E.pdf
This is the Guide for sponsoring a spouse from Australia,
Brunei, Cambodia,Cook Islands, East Timor, Fiji, Indonesia,
Kiribati, Laos, Malaysia, Marshall Islands, Micronesia Myanmar,
Nauru, New Zealand, Niue, Palau, Papua, New Guinea, Samoa,
Singapore, Solomon Islands, Thailand, Tonga, Tuvalu, Vanuatu and
Vietnam
------------------------------------------
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 fiancée is a HK citizen.
We would
like to move back to Canada after marriage and I have the
following
questions regarding sponsorship of my fiancée'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. 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?di
spatch=orderitemform_init&org.apache.struts.taglib.html.TOKEN=3b6
4c2b9871ff9732848f582b
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,
Brunei, Cambodia,Cook Islands, East Timor, Fiji, Indonesia,
Kirbati, Laos, Malaysia, Marshall Islands, Micronesia Miranmar,
Nairu, New Zealand, Niue, Palau, Papua, New Guinea, Samoa,
Singapore, Soloman Islands, Thailand, Tongo, Tuvalu, Vanuatu and
Vietnam
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.
Be ALERT, the world needs more "lerts"
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