residency and tax questions

[smile1212]

I have been married to my husband who is Canadian citizen. We have been living together in Hong Kong (HK) for 10 years. My husband has retired since 5 years ago while I am still working in HK. We are now planning to apply for my PR status through sponsorship by my husband, so ultimately 3 to 5 years later we will both move to live in Canada permanently. I have the following questions and appreciate your help:

1. my husband who is retired and so no income (he owns the property we are living in though), will that be an issue to be sponsor ? I have this question as I saw 'financial responsibility requirement for a sponsor'.

2. I don't quite understand the Residency Obligation for a PR through residency days accumulated even outside of Canada by accompanying a Canadian citizen spouse. Does it mean the following is possible?
After I get the visa issue, I land in Canada with my husband together (before visa expiry) to start the PR. Assume we stay in Canada for 3 weeks for the landing, then both my husband and I can go back to Hong Kong and continue living together - am I accumulating residency days already by continue living with my husband even in Hong Kong? is there any action or document proof that we should maintain to prove we live together?

3. if the above no.2 arrangement is possible, is there any procedures that I should follow or communicate with the Immigration at any stage - for example, at application process, at landing, during the first 5 years after landing, upon renewal of the PR card ...

4. again if no.2 is possible, I will then continue working in HK for 3 to 5 more years before we both move to Canada permanently. Will my HK employment income be subject to Canada's worldwide income tax ?

5. ultimately my husband will sell the property we are living in now in HK, is the following timing of sale making a difference in Canada tax liability -
> if he sells before or after my visa issue
> if he sells before or after my landing
> if he sells before or after we both move to Canada permanently

6. as we ultimately will live in Canada permanently, we are thinking of buying property for our living in the future; is the following timing of buying making a difference in Canada tax liability -
> if buy before or after my visa issue
> if buy before or after my landing
> if buy before or after we both move to Canada permanently

Thanks a lot for helping us with these key questions. Great appreciate in advance.

 

[wowsers]

I have been married to my husband who is Canadian citizen. We have been living together in Hong Kong (HK) for 10 years. My husband has retired since 5 years ago while I am still working in HK. We are now planning to apply for my PR status through sponsorship by my husband, so ultimately 3 to 5 years later we will both move to live in Canada permanently. I have the following questions and appreciate your help:

1. my husband who is retired and so no income (he owns the property we are living in though), will that be an issue to be sponsor ? I have this question as I saw 'financial responsibility requirement for a sponsor'.

2. I don't quite understand the Residency Obligation for a PR through residency days accumulated even outside of Canada by accompanying a Canadian citizen spouse. Does it mean the following is possible?
After I get the visa issue, I land in Canada with my husband together (before visa expiry) to start the PR. Assume we stay in Canada for 3 weeks for the landing, then both my husband and I can go back to Hong Kong and continue living together - am I accumulating residency days already by continue living with my husband even in Hong Kong? is there any action or document proof that we should maintain to prove we live together?

3. if the above no.2 arrangement is possible, is there any procedures that I should follow or communicate with the Immigration at any stage - for example, at application process, at landing, during the first 5 years after landing, upon renewal of the PR card ...

4. again if no.2 is possible, I will then continue working in HK for 3 to 5 more years before we both move to Canada permanently. Will my HK employment income be subject to Canada's worldwide income tax ?

5. ultimately my husband will sell the property we are living in now in HK, is the following timing of sale making a difference in Canada tax liability -
> if he sells before or after my visa issue
> if he sells before or after my landing
> if he sells before or after we both move to Canada permanently

6. as we ultimately will live in Canada permanently, we are thinking of buying property for our living in the future; is the following timing of buying making a difference in Canada tax liability -
> if buy before or after my visa issue
> if buy before or after my landing
> if buy before or after we both move to Canada permanently

Thanks a lot for helping us with these key questions. Great appreciate in advance.

It seems to me that it is at present premature for you to make an application for permanent residency. Your husband can make an application to sponsor even though he is living outside Canada and even though he is retired and without an income but in the application he must provide evidence that he will live exclusively in Canada once you as the person being sponsored become a permanent resident (see the Guide 3900 under.the heading <in order to sponsor you must>. An intention to live in Canada in 3 to 5 years time will not satisfy CIC of your husband's intention to return. True enough once you are a PR you will be able to retain your status as PR without residing in Canada so long as you continue to live with your husband, but that is a different matter: first your husband has to qualify as a sponsor and he cannot satisfy that requirement if he intends to continue living in Hong Kong. There is nothing to stop you buying a house in Canada as a non-resident, but before doing so be aware of the problems which will arise. If you buy a house and keep it empty you will not be entitled to a rebate against local property tax as an owner-occupier and the insurance will be much more expensive. If you rent it out you will I understand be subject to income tax in respect of the rent even though you are not resident; but I am not an expert on Canadian income tax and you would get more informed advice if you posted a specific question about that in the section of this forum concerned with Canadian taxation and finance: click the Home button at the top right of the page and scroll down to the fourth section. So my view is that it would be best to postpone buying a house also.