**** URGENT: How much gold jewellery can you bring when coming back to Canada for the first time after becoming PR/Citizen

[visaquery2021]

Please consider this urgent request,

1. Can she be considered as NEW SETTLER to Canada as she is entering into Canada for the FIRST Time after becoming PR and Citizen, and exempt from paying tax/duty ?
2. Does BSF186 form apply in her case ?
3. Is there any other way to avoid paying TAX/Duty ?

 

[yyzstudent]

Please consider this urgent request,

My wife is travelling in less than 1.5 days from India to Canada. She came to Canada as visitor in 2016, became PR in 2017 and Citizen in 2022.

In 2023 Feb, she travelled to India for the FIRST Time after becoming PR and Citizen. Now she is coming to Canada in 1.5 days. Since she is a Canadian citizen, she wants to bring all her personal gold belongings/jewellery (which she owned prior to becoming PR) to Canada. Does she have to pay TAX/DUTY ?

1. Can she be considered as NEW SETTLER to Canada as she is entering into Canada for the FIRST Time after becoming PR and Citizen, and exempt from paying tax/duty ?
2. Does BSF186 form apply in her case ?
3. Is there any other way to avoid paying TAX/Duty ?

You’ve already asked this in the citizenship forum, and have been answered.

 

[ashu912]

yyzstudent / visaquery2021
Urgent: I'm in the exact same situation, Could you please navigate me to the forum where it's answered (I couldn't locate that) OR please let me know what should I do? thanks in advance!

My Situation:
- I came to Canada in October 2022 on work permit, became PR in November 2023. Now I need to bring jewellery that I purchased during my wedding in 2021 (before becoming PR). I'm planning to travel India next week and come back to Canada in 3 weeks.

1. Will I be considered as NEW SETTLER to Canada as she is entering into Canada for the FIRST Time after becoming PR, and exempt from paying tax/duty ?
2. Does BSF186 form apply in my case ?
3. Is there any other way to avoid paying TAX/Duty ?

 

[steaky]

yyzstudent / visaquery2021
Urgent: I'm in the exact same situation, Could you please navigate me to the forum where it's answered (I couldn't locate that) OR please let me know what should I do? thanks in advance!

My Situation:
- I came to Canada in October 2022 on work permit, became PR in November 2023. Now I need to bring jewellery that I purchased during my wedding in 2021 (before becoming PR). I'm planning to travel India next week and come back to Canada in 3 weeks.

1. Will I be considered as NEW SETTLER to Canada as she is entering into Canada for the FIRST Time after becoming PR, and exempt from paying tax/duty ?
2. Does BSF186 form apply in my case ?
3. Is there any other way to avoid paying TAX/Duty ?

Before you go to India, visit one of the CBSA office, explain your situation and try to have your form stamped.

 

[ashu912]

I called CBSA office, and the representative said that when we come back, we need to submit form BSF186 (previously called BS4) to the airport custom officer as we will be landing 1st time as a PR. I asked if I need to visit CBSA office as I'm currently in Canada as a PR, she declined that.
I'm in confusion what to do exactly?

 

[sheeda-terminator]

So ashu912, if i understand you correctly, she meant that when u will arrive back to canada, u will still be called as 1st time landing immigrant ?

 

[ashu912]

That's correct sheeda-terminator, she said that we can show BSF186 forms to custom officer and there will be no import duty

 

[ashu912]

I'm looking at the form BSF186, and it has following clause:

SETTLER (tariff item No. 9807.00.00)
I hereby declare that I have read and qualify for the provisions of tariff item No. 9807.00.00 and that:

1. I am entering Canada with the intention of establishing, for the first time, a permanent residence for a period in excess of 12 months and I arrived in Canada on (date).

 

[sheeda-terminator]

Bit tricky, i wanna try it out when i will fly in April but i think i will still not take risk of bringing all the jewelry. My concern is if the above is not true, then they will put taxes/duty on it. Not sure if i will have rights to prove that i bought it before i moved to canada.

 

[sheeda-terminator]

Bit tricky, i wanna try it out when i will fly in April but i think i will still not take risk of bringing all the jewelry. My concern is if the above is not true, then they will put taxes/duty on it. Not sure if i will have rights to prove that i bought it before i moved to canada.

 

[sheeda-terminator]

I'm looking at the form BSF186, and it has following clause:

SETTLER (tariff item No. 9807.00.00)
I hereby declare that I have read and qualify for the provisions of tariff item No. 9807.00.00 and that:

1. I am entering Canada with the intention of establishing, for the first time, a permanent residence for a period in excess of 12 months and I arrived in Canada on (date).

I read the same. so if we put the date in past (when we arrived in canada), then this should be OK (fingers crossed)

 

[ashu912]

I think "I arrived in Canada on (date)" should be the day when you coming to Canada with the intention of establishing, for the first time, a permanent residence, and not our 1st arrival date as a temporary resident.

 

[sheeda-terminator]

I think "I arrived in Canada on (date)" should be the day when you coming to Canada with the intention of establishing, for the first time, a permanent residence, and not our 1st arrival date as a temporary resident.

But you are already a permanent resident, bit confusing !!

 

[ashu912]

yea there is a little bit greyish area, however, I feel that the form can be used as we're entering for the first time as a permanent residence. Not sure, how other people did it in the past, maybe some experienced folk can guide here

 

[ashu912]

Got this excerpts from CBSA portal, looking into this I believe it can be interprated that temporary residents who are granted PR from Inland office will be considered settlers, and therefore can declare BS186 form. Please confirm if this interpretation is correct?

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Who are Considered Settlers?

4) Persons, who are temporary residents of Canada for the purpose of tariff classification of goods, that are granted permanent resident status under the Immigration and Refugee Protection Act (IRPA) from a Citizenship and Immigration Canada Inland Office, after their arrival in Canada, are settlers. For these individuals, only those goods which were owned, used and possessed by those persons, prior to the date of application for permanent resident status will be classified under tariff item No. 9807.00.00.


Who are Not Considered Settlers?
5. Persons who enter Canada for the purpose of:

• (a) employment for a period not exceeding 36 months;
• (b) studying at an educational institution; or

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