Hi,



I am a great fan of this forum. It has really helped me in guiding
from time to time in my process of canadian immigration which I got
last year.



But this is the first time I am registering and posting some questions.
Would greatly appreciate if experts can respond.



I got Canadian PR last year, came back and got married to a Chinese girl
(not a UK citizen) after coming back from Canada last year. Since then I
am in UK only. My questions regarding spouse sponsorship:



1. Can I go to Canada and sponsor my wife within a week of reaching
there without having any job at all?



2. After sponsoring her, can I return to UK and stay with her till she
gets her PR visa and then we move together to Canada?



I have been regular visitor to this forum but still haven't got clear
Yes/No answers to above questions.



Looking forward to expert views.



Thanks

Smith G.

__________________
Posted via http://britishexpats.com

Originally posted by smith73

    > Hi,


    > I am a great fan of this forum. It has really helped me in guiding
    > from time to time in my process of canadian immigration which I got
    > last year.


    > But this is the first time I am registering and posting some
    > questions. Would greatly appreciate if experts can respond.


    > I got Canadian PR last year, came back and got married to a Chinese
    > girl (not a UK citizen) after coming back from Canada last year. Since
    > then I am in UK only. My questions regarding spouse sponsorship:


    > 1. Can I go to Canada and sponsor my wife within a week of reaching
    > there without having any job at all?


    > 2. After sponsoring her, can I return to UK and stay with her till she
    > gets her PR visa and then we move together to Canada?


    > I have been regular visitor to this forum but still haven't got clear
    > Yes/No answers to above questions.


    > Looking forward to expert views.


    > Thanks

    > Smith G.

1. Yes



2. No



Good luck,



Alfaris

__________________
Posted via http://britishexpats.com

Thanks Alfaris, thanks a lot for your replies. I got Yes/No answers to
my questions but could you please elaborate a bith further on them



Originally posted by Alfaris

    > 1. Yes


    > If I sponsor my wife without any job, do I need to show some bank
    > balance then in order to show that I can support her?


    > 2. No


    > Why not? Do they keep checking whether sponsor is in Canada or not? If
    > I come back to UK after sponsoring her, how would anybody know that I
    > am not in Canada?


    > It would be great if you could reply in bit detail. Thanks once again


    > Cheers

    > Smith G.

__________________
Posted via http://britishexpats.com

Originally posted by smith73

    > Thanks Alfaris, thanks a lot for your replies. I got Yes/No answers to
    > my questions but could you please elaborate a bith further on them


    > 1. Yes


    > If I sponsor my wife without any job, do I need to show some bank
    > balance then in order to show that I can support her?

    >

No, you do not need to show anything except your last Option C printout
(Notice of Assessment) from Revenue Canada. You will be able to obtain
one if you ever filed a tax return in Canada. If not, you will have to
explain why you have never filed a tax return (extremely low or no
income, etc).



You do not need to have income or money to sponsor your wife under the
new immigration law. The only requirement is that you cannot be on
social assistance or in default of a debt.

    >

    > 2. No


    > Why not? Do they keep checking whether sponsor is in Canada or not? If
    > I come back to UK after sponsoring her, how would anybody know that I
    > am not in Canada?

    >

Why not? Because such privilege is reserved for Canadian citizens only.
I agree that it is not fair.



If they doubt the genuinness of your relationship or feel that something
else is wrong, they will check up on you with visits to your house and
by calling you in for interviews. If they initially accept that your
relationship is genuine, then they will not do any checking beyond
seeing that your application was mailed from within Canada.



You should not try to trick them, because they can always take away your
wife's status later on if they ever find out that you lied about being
in Canada. You don't want to live in fear, or have your wife live in
fear - so try your best to do everything that is legally required.



Alfaris

__________________
Posted via http://britishexpats.com

Thanks Alfaris. Very helpful replies. One last question please about
what your wrote:



-------------------------------------------------------------------
----------

Originally posted by Alfaris

    > No, you do not need to show anything except your last Option C
    > printout (Notice of Assessment) from Revenue Canada. You will be able
    > to obtain one if you ever filed a tax return in Canada. If not, you
    > will have to explain why you have never filed a tax return (extremely
    > low or no income, etc).

    > ---------------------------------------------------------------------
    > --------


    > I have not filed a tax return in Canada because I have been staying in
    > UK and so no income in Canada.

    > I'll have to explain this to Revenue Canada to get Notice of
    > Assessment OR I'll have to explain this in my sponsorship application
    > that why I wasn't able to obtain Notice of Assessment assuming that I
    > won't be able to get one since I have'nt filed any tax return so far.


    > Thankyou very much

    > Smith G.

__________________
Posted via http://britishexpats.com

If you never filed a tax return in Canada, you will not be able to get
any Notice of Assessment. You will have to explain the situation on your
sponsorship application -- but then they will probably suspect that you
are still not living in Canada and may check up on you that you actually
resettled into Canada before approving your sponsorship.



Keep in mind that whether or not you had income in Canada is irrelevant.
You are required by law to file your tax returns on your worldwide
income as long as you have ANY ties to Canada, such as a Canadian bank
account, driver licence, etc. You should go to Revenue Canada's website
to see if you were actually considered a factual resident of Canada for
tax purposes during your absense from Canada. If you were, then you
should have filed tax returns all this time and paid income tax on your
British income.



It is not too late to file your tax return for any previous year. You
can get tax packages and more information here:

]http://www.ccra-adrc.gc.ca/tax/indiv...1general/menu-
e.html[/url]



However, if Revenue Canada finds out that you have been evading paying
tax and you still haven't corrected the situation, then you will be in
trouble not just with Immigration.



Tax return processing for previous years usually takes about two
months, and then you get your Notice of Assessment for that tax year
in the mail.



Good luck,



Alfaris

Originally posted by smith73

    > Thanks Alfaris. Very helpful replies. One last question please about
    > what your wrote:


    > ---------------------------------------------------------------------
    > --------

Originally posted by Alfaris

    > No, you do not need to show anything except your last Option C
    > printout (Notice of Assessment) from Revenue Canada. You will be able
    > to obtain one if you ever filed a tax return in Canada. If not, you
    > will have to explain why you have never filed a tax return (extremely
    > low or no income, etc).

    > ---------------------------------------------------------------------
    > --------


    > I have not filed a tax return in Canada because I have been staying in
    > UK and so no income in Canada.

    > I'll have to explain this to Revenue Canada to get Notice of
    > Assessment OR I'll have to explain this in my sponsorship application
    > that why I wasn't able to obtain Notice of Assessment assuming that I
    > won't be able to get one since I have'nt filed any tax return so far.


    > Thankyou very much

Smith G.

__________________
Posted via http://britishexpats.com

Thanks Alfaris once again for writing in such detail. But you got me bit
worried. I visited Revenue Canada's website as you suggested and I guess
because of my landed immigrant status and also because I have Canadian
driver's licence, I am considered as factual resident for tax purposes
and so should have filed tax return for the last year.



But before I came back from Canada, I went to Revenue Canada's office.
The lady sitting at the counter told me that since I am leaving Canada
for a year or so, I need not fill tax returns. I wonder if she gave me
wrong info.



I don't have SIN. I applied for it when I was there but they took my
details wrong and asked me to apply again but by that time I had left
Canada. Can I file the tax return now without having SIN?



And even if I am factual resident of Canada, why should I pay tax on my
income at two places, in UK as well in Canada?



Is it not OK if I apply for SIN when I go back to Canada sometime in
May, 04 and then file my tax return. Do you see any complications in
that and can it have any effect on my PR status as well (about which I
am quite worried now)?



Eagerly looking forward to your reply. Thanks.

Smith G.

__________________
Posted via http://britishexpats.com

If you don't have SIN then you don't work in Canada and you can't even file
a tax return. You move to Canada, establish your residency here and after
you can fully prove that you are here for sure and for good start
sponsorship process. From what I see just from this single post below you
are not in Canada permanently at all. You don't have a job because you
didn't even look for one and you don't have SIN - all you did after landing
was to get your driver's license and application (poorly done anyway) for
SIN and then you left. You are still gone and not in Canada - this is how it
will look from the perspective of processing officer.

__________________

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email:
(delete REMOVE from the above address before sending email)
________________________________



"smith73" <member18757@british_expats.com> wrote in message
news:...
    > Thanks Alfaris once again for writing in such detail. But you got me bit
    > worried. I visited Revenue Canada's website as you suggested and I guess
    > because of my landed immigrant status and also because I have Canadian
    > driver's licence, I am considered as factual resident for tax purposes
    > and so should have filed tax return for the last year.
    > But before I came back from Canada, I went to Revenue Canada's office.
    > The lady sitting at the counter told me that since I am leaving Canada
    > for a year or so, I need not fill tax returns. I wonder if she gave me
    > wrong info.
    > I don't have SIN. I applied for it when I was there but they took my
    > details wrong and asked me to apply again but by that time I had left
    > Canada. Can I file the tax return now without having SIN?
    > And even if I am factual resident of Canada, why should I pay tax on my
    > income at two places, in UK as well in Canada?
    > Is it not OK if I apply for SIN when I go back to Canada sometime in
    > May, 04 and then file my tax return. Do you see any complications in
    > that and can it have any effect on my PR status as well (about which I
    > am quite worried now)?
    > Eagerly looking forward to your reply. Thanks.
    > Smith G.
    > --
    > Posted via http://britishexpats.com

You will have to obtain a SIN number before you can file your tax
return. It is true that factual residents of Canada who work in other
countries are taxed both by Canada and by the other country. Some
countries (like United States) have tax treaties with Canada to lessen
this burden somewhat. I don't know if UK has a tax treaty with Canada.
You should probably consult a tax expert who specializes in Canada-UK
income taxes.



I don't see a problem with you obtaining a SIN number and then filing
tax returns -- that is what you are supposed to do anyway, as a resident
of Canada. Your immigration status is separate from the tax affairs
under Canadian law. In other words, if you are caught evading taxes --
you may go to prison, but you will not lose your Canadian PR status. The
only way you can lose your PR status is if you do not stay in Canada for
2 out of every 5 years or if you commit some horrendous crime.



That being said, it is highly unlikely that Revenue Canada is already on
your case about the taxes or will be in some near future. I think you
will be fine until May 04, as long as you do get everything in order
eventually.



Good luck,



Alfaris



Originally posted by smith73

    > Thanks Alfaris once again for writing in such detail. But you got me
    > bit worried. I visited Revenue Canada's website as you suggested and I
    > guess because of my landed immigrant status and also because I have
    > Canadian driver's licence, I am considered as factual resident for tax
    > purposes and so should have filed tax return for the last year.


    > But before I came back from Canada, I went to Revenue Canada's office.
    > The lady sitting at the counter told me that since I am leaving Canada
    > for a year or so, I need not fill tax returns. I wonder if she gave me
    > wrong info.


    > I don't have SIN. I applied for it when I was there but they took my
    > details wrong and asked me to apply again but by that time I had left
    > Canada. Can I file the tax return now without having SIN?


    > And even if I am factual resident of Canada, why should I pay tax on
    > my income at two places, in UK as well in Canada?


    > Is it not OK if I apply for SIN when I go back to Canada sometime in
    > May, 04 and then file my tax return. Do you see any complications in
    > that and can it have any effect on my PR status as well (about which I
    > am quite worried now)?


    > Eagerly looking forward to your reply. Thanks.

Smith G.

__________________
Posted via http://britishexpats.com

Thanks very much Alfaris for your wonderful and very helpful replies. I
greatly appreciate your replies. Indeed lots of my doubts are clear now.



Cheers

Smith G.

__________________
Posted via http://britishexpats.com