MY HUSBAND WANTS TO CANCEL HIS PR CARD (URGENT)

[anusai]

  :-\My husband's PR card expired in June 2008. Between 2003 - 2008, he has been in Canada for about 6months in total.

His last visit to Canada was in Dec 2003. After that  he has not been to Canada at all. We have two sons who live in Canada. My elder son is an engineer and working and doing well. Our younger son is also studying engineering in a reputed university.

I am a Canadian citizen and live with him. My question is

a) should be go ahead and cancel PR by declaring his failure to keep the residency obligation and then ask our son to apply for a visit visa for him.. which we hope he will be given.

b) or should he declare that he is living with a canadian citizen and try to get a travel document?


One very important point here is  WILL THEY ASK HIM WHETHER HE FILED TAXES OR NOT? he stopped filing after 2002.  

will they ask for any bank documents? we are very worried as he still holds a bank account jointly with me and my son who is working. he also has a credit card which he has stopped using after 2003. However my son uses his credit card which is linked to my husband as he was the primary applicant when we had applied and we did not change that till now.


what do u advise we should do? WILL APPLYING FOR A TRAVEL DOCUMENT LEAD TO ANY PROBLEMS FOR ME AND MY HUSBAND. I HAVE ALSO STOPPED FILING TAXES AFTER 2008. I AM A HOUSEWIFE AND I HAVE NOT DECLARED MYSELF AS A NON RESIDENT CANADIAN.

My husband wants to travel to Canada but we do not know what to do. I have been there in Aug 2011 for one month and there was no problem at the airport. the immigration officer was very nice and no questions were asked even when I told them that I am returning to canada after visiting my husband who works abroad.

We have to stay overseas as my husband could not get a job. we had to support two children and their education which is a lot of money.

I will appreciate an early response.
thanks

 

[Leon]

He should definitely claim living with a Canadian citizen spouse and apply for a travel document.  If he is staying in Canada for a little while, he can apply for a PR card renewal as he is there.  He can ask for expedited processing based on his travel plans to go back.

Filing taxes has nothing to do with keeping your PR status.  Neither of you are living in Canada and therefore you don't have to pay tax in Canada.

[toby]

1)  He should definitely claim living with a Canadian citizen spouse and apply for a travel document.  If he is staying in Canada for a little while, he can apply for a PR card renewal as he is there.  He can ask for expedited processing based on his travel plans to go back.

True.  If your husband can prove he was with you abroad, those days count toward his PR quota.


2) Filing taxes has nothing to do with keeping your PR status. 
Agreed.

Neither of you are living in Canada and therefore you don't have to pay tax in Canada.

Let's take another look at that. One of the three major tests of residency for tax purposes is to have a dependant living in Canada.  I wonder whether the son in university would count as a dependant?  I'd ask an accountant for a quick opinion on that, and if yes, your husband was supposed to be filing tax returns, catch up BEFORE CRA comes to you.  You'll get a mroe sympathetic reception this way.

But your main point is whether your husband must return his PR status, and the answer is "no".

[Leon]

Let's take another look at that. One of the three major tests of residency for tax purposes is to have a dependant living in Canada.  I wonder whether the son in university would count as a dependant?  I'd ask an accountant for a quick opinion on that, and if yes, your husband was supposed to be filing tax returns, catch up BEFORE CRA comes to you.  You'll get a mroe sympathetic reception this way.

Keeping a 2nd home in Canada such as spouse or minor children while one spouse works abroad, I would think are required to file tax but parents both living abroad with adult children studying in Canada, I would think not but true, it is better to ask an accountant.

[toby]

Keeping a 2nd home in Canada such as spouse or minor children while one spouse works abroad, I would think are required to file tax but parents both living abroad with adult children studying in Canada, I would think not but true, it is better to ask an accountant.

You're probably right, but CRA looks for excuses to declare someone a taxpayer. If the children were working adults (18 years of age or more), the husband would not be a taxpayer.  However, what concerns me is that the younger one was attending school; I wonder whether there is some obscure rule that a child is deemed a dependent if he or she is attending school -- up until the age of 22.

In any event, the Statute of Limitations means that CRA could not go back more than 4 years and demand tax returns.

[anusai]

Hello Leon and Tobby,

Thanks for your reply to my questions.

Now if my husband decides to apply for a travel document since he is living with a Canadian wife,
then will they ask me for a proof? What kind of proof will they ask for?

My husband's PR CARD expired in June 2008 but he has been living out of Canada with me. I hold
a Canadian passport. I traveled to Canada in Aug 2008 (for two months) and then went back in Aug 2011
for three weeks.

How will they check as to how many days I have lived outside of Canada and how many days have
I lived in the present country with my husband?

I am very worried since I have not declared myself as a non resident.

thanks
anusai