Help Required Regarding Family Sponsorship

[Hectar]

Hi all

Here is the scenario. My Brother is a Canadian Citizen. He sponsored me and my parents ( in 2008 ). Recently the Canadian embassy asked us to submit Updated Police clearance certificates. After the submission of these documents. Canadian embassy sent a letter to my brother to pay his tax returns of year 2008 and 2009 ( My brother is right now working in USA as his company transferred him to USA since 2005 ( after getting the Canadian citizenship in 2004 ). I need to know whether he should pay his tax returns of 2008 and 2009 as this thing has any affect on my sponsorship process ? because one consultant told us that u don't have to submit the tax returns because My brother is living in USA since 2005 and if u paid your tax return than this thing weakens your case.( As according to her Canadian embassy will see your immediate action that u paid your tax return just for the sponsorship of your parents ( having a bad impression ). and also if u don't have any property in Canada u don't have to pay that. Although Financially my brother is eligible to sponsor us.

Please suggest me . How to Pursue. what response we should have to give Canadian  regarding tax return also id this thing have any affect on our sponsorship program.

Thanks

[rjessome]

Hi all

Here is the scenario. My Brother is a Canadian Citizen. He sponsored me and my parents ( in 2008 ). Recently the Canadian embassy asked us to submit Updated Police clearance certificates. After the submission of these documents. Canadian embassy sent a letter to my brother to pay his tax returns of year 2008 and 2009 ( My brother is right now working in USA as his company transferred him to USA since 2005 ( after getting the Canadian citizenship in 2004 ). I need to know whether he should pay his tax returns of 2008 and 2009 as this thing has any affect on my sponsorship process ? because one consultant told us that u don't have to submit the tax returns because My brother is living in USA since 2005 and if u paid your tax return than this thing weakens your case.( As according to her Canadian embassy will see your immediate action that u paid your tax return just for the sponsorship of your parents ( having a bad impression ). and also if u don't have any property in Canada u don't have to pay that. Although Financially my brother is eligible to sponsor us.

Please suggest me . How to Pursue. what response we should have to give Canadian  regarding tax return also id this thing have any affect on our sponsorship program.

Thanks

You have a bigger problem.  Your brother does not live in Canada and is therefore not eligible to sponsor you and your parents.

[Material]

You have a bigger problem.  Your brother does not live in Canada and is therefore not eligible to sponsor you and your parents.

Does he have to be residing in Canada in order to sponsor if hes a Canadian citizen? plus I think the OPs brother is working for a Canadian company that based him in the US does this make a difference?

I know in the spousal catogory he has to show proof of intension on going back to Canada.

[rjessome]

Does he have to be residing in Canada in order to sponsor if hes a Canadian citizen? plus I think the OPs brother is working for a Canadian company that based him in the US does this make a difference?

I know in the spousal catogory he has to show proof of intension on going back to Canada.

That's only for spousal/common-law partners and dependent children. For other relatives, it doesn't matter if he is a citizen or not.

"To sponsor any other eligible relatives (for example, parents and grandparents), you must be living in Canada."

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

[Material]

That's only for spousal/common-law partners and dependent children. For other relatives, it doesn't matter if he is a citizen or not.

"To sponsor any other eligible relatives (for example, parents and grandparents), you must be living in Canada."

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Interesting .... thanks

[Hectar]

Well Guys Let me Elaborate it further.. My Brother is working in a canadian company which transferred him to USA ( 2005). In 2006 My brother submit the sponsorship documents in Mississauga for my parents and for me ( i was under 22 at that time ). Then in 2008 canadian emabassy in my country sent us a letter to fill the family information form , police clearance certificates etc. They asked us to submit all this stuff ( its mean that our case is fully legal and ok as if my brother was not eligible then they should refused him in Missisuaga ( 2006)). Now in February 2011 . Canadian embassy again asked us to submit updated police clearance certificates.). One thing i want to tell u that My brother paid the tax in canada till 2007 . Now they asked him to paid tax return of 2008 and 2009 . I wana know is this ok that If my brother sent a that letter to canadian embassy ( in which it is mentioned that his company is transferring him to usa.)... As during all that time my brother did not go to canada , dont have any property there so no need to pay the tax . but now our sponsorship case is in process does this thing have any affect on it or not ?...What kind of proof fom my brother,s side we have to show to clarify our sponsorship process. ??

Thanks

[scylla]

Just because your brother was approved as a sponsor by Mississauga doesn't mean that the CIC can't check up on him at a later date to make sure he still qualifies. In fact, it's fairly normal to see this happen.

They are likely requesting that he file the two tax returns to make sure he still makes enough money to qualify - and to make sure he is still living in Canada.

[rjessome]

Well Guys Let me Elaborate it further.. My Brother is working in a canadian company which transferred him to USA ( 2005). In 2006 My brother submit the sponsorship documents in Mississauga for my parents and for me ( i was under 22 at that time ). Then in 2008 canadian emabassy in my country sent us a letter to fill the family information form , police clearance certificates etc. They asked us to submit all this stuff ( its mean that our case is fully legal and ok as if my brother was not eligible then they should refused him in Missisuaga ( 2006)). Now in February 2011 . Canadian embassy again asked us to submit updated police clearance certificates.). One thing i want to tell u that My brother paid the tax in canada till 2007 . Now they asked him to paid tax return of 2008 and 2009 . I wana know is this ok that If my brother sent a that letter to canadian embassy ( in which it is mentioned that his company is transferring him to usa.)... As during all that time my brother did not go to canada , dont have any property there so no need to pay the tax . but now our sponsorship case is in process does this thing have any affect on it or not ?...What kind of proof fom my brother,s side we have to show to clarify our sponsorship process. ??

Thanks

It doesn't matter if he's working for a Canadian company or not.  He does not live IN Canada.  He is NOT eligible to sponsor you and your parents. And they are not asking him to pay tax because without filing the return, CRA doesn't know if he owes any.  They are telling him to FILE the tax returns, like all residents of Canada are required to do.  Since he doesn't live in Canada, that's how he justifies not filing BUT he is required to live in Canada to sponsor you so he must file, prove income to meet LICO and that he lives in Canada.  So here's what will happen.  If he files they will see that he doesn't live in Canada and the application will be refused.  If he doesn't file and prove LICO and that he lives in Canada the application will be refused.  It's a no-win situation because he broke Rule #1 which is that he must live in Canada to sponsor his relatives.

[Hectar]

Well Guys thanks for the Valuable Info  ...but is thing enough ( if mY Brother sent a letter to Canadian Embassy that I am looking for a good opportunity in Canada . Once i will get it . I will come back to Canada asap but during that duration I will be responsible for all financial expenses of my parents).Mention that he already paid TAX RETURNS (CANADA) of year 2006 and 2007 or if he pay Tax Return of year 2008 and 2009 to canada (  is their any chance to approve my case ?)

Any other solution from you guys for that scenario ( Except to come back to Canada  )... 

[Material]

Well Guys thanks for the Valuable Info  ...but is thing enough ( if mY Brother sent a letter to Canadian Embassy that I am looking for a good opportunity in Canada . Once i will get it . I will come back to Canada asap but during that duration I will be responsible for all financial expenses of my parents).Mention that he already paid TAX RETURNS (CANADA) of year 2006 and 2007 or if he pay Tax Return of year 2008 and 2009 to canada (  is their any chance to approve my case ?)

Any other solution from you guys for that scenario ( Except to come back to Canada  )... 

Im afraid no one would know the outcome if he does that but there is a good chance the app will be refused because as others said he has to be in Canada to be able to sponsor you its also stated clearly in the links above.He could try and explain  ?

Good luck

[rjessome]

Im afraid no one would know the outcome if he does that but there is a good chance the app will be refused because as others said he has to be in Canada to be able to sponsor you its also stated clearly in the links above.He could try and explain  ?

Good luck

I'm sorry to be the voice of doom here but I DO know the outcome.  He WILL be refused.

Fact 1 - He moved to the US in 2005 and applied to sponsor his parents in 2006.  He LIED to CIC when he applied to sponsor because he would have stated that he was living IN Canada on the sponsorship application.

Fact 2 - He has not returned to live in Canada and is still living in the US.

Fact 3 - He is not eligible to sponsor.

What can he "explain" to CIC?  How do you think CIC is going to like it when they see that they have been lied to for the past 5 years?  Even if he returned to Canada now I would bet dollars to doughnuts that he would still be refused because he didn't meet the eligibility requirements in the first place!

Perhaps you can apply on your own merits as a federal skilled worker and then later sponsor your parents.  I don't know what else to tell you because you keep looking for a way out of this situation when there isn't one.  I know you don't like what I'm telling you but I refuse to lie to you or give you false hope.

[Material]

Fact 1 - He moved to the US in 2005 and applied to sponsor his parents in 2006.  He LIED to CIC when he applied to sponsor because he would have stated that he was living IN Canada on the sponsorship application.

Fact 2 - He has not returned to live in Canada and is still living in the US.

Fact 3 - He is not eligible to sponsor.

What can he "explain" to CIC?  How do you think CIC is going to like it when they see that they have been lied to for the past 5 years?  Even if he returned to Canada now I would bet dollars to doughnuts that he would still be refused because he didn't meet the eligibility requirements in the first place!

Perhaps you can apply on your own merits as a federal skilled worker and then later sponsor your parents.  I don't know what else to tell you because you keep looking for a way out of this situation when there isn't one.  I know you don't like what I'm telling you but I refuse to lie to you or give you false hope.

Im not questioning what your saying , your right in everything you said  .

is the following correct:

Fact 1 - He moved to the US in 2005 and applied to sponsor his parents in 2006.  He LIED to CIC when he applied to sponsor because he would have stated that he was living IN Canada on the sponsorship application.

Now Hector , when your brother filled the apps where did he say he was living? since there is a 100% chance of refusal according to what rej said than it wouldnt hurt any further to explain what happened in a letter with proof showing that your brother was needed in the canadian company in the states. not saying that it would solve all your problems or even get you an approval just saying it wont hurt any further

Rejessome is far more experianced than Im so I would listen to her advice..

Good luck