Sponsorship Obligation

[Rooka11]

Hi all,

I have a specific question about my scenario and wanted to know what are my limitations and obligations.

I applied to sponsor my wife (PR) under family sponsorship class last year and as of June 2019 she received her PR visa on her passport.

As such we are planning to relocate back to Canada, but my recent job hunt has me potentially being employed with a company in the USA. As a Canadian Citizen do I need to be residing in Canada to legally sponsor my wife? If I am able to still fulfill the obligations to support my family while working in the US is that sufficient? Do I need to be a resident as far as tax purposes are concerned?

Thanks for your advice and response in advance.

Regards,

 

[scylla]

Hi all,

I have a specific question about my scenario and wanted to know what are my limitations and obligations.

I applied to sponsor my wife (PR) under family sponsorship class last year and as of June 2019 she received her PR visa on her passport.

As such we are planning to relocate back to Canada, but my recent job hunt has me potentially being employed with a company in the USA. As a Canadian Citizen do I need to be residing in Canada to legally sponsor my wife? If I am able to still fulfill the obligations to support my family while working in the US is that sufficient? Do I need to be a resident as far as tax purposes are concerned?

Thanks for your advice and response in advance.

Regards,

There's nothing you need to do. Just go ahead and work out of the US. What the financial obligation means is that if your wife goes on social assistance / welfare within the first three years of arriving in Canada, you will have to pay it back. That's pretty much it. IRCC is not going ask for any tax or income statements.

Make sure your wife uses her PR visa to land in Canada and officially become a PR before the expiry date on the visa.

 

[Rooka11]

Hi Scylla,

Thank you for the response. So if I understand you correctly. I do not have to change my status to a resident or concern myself with paying Canadian taxes in Canada (as I will be paying US tax potentially) even though my wife is in Canada under PR status.

Another question I have is that when my wife first enters Canada before the expiry date on the visa do I need to be traveling with her as her sponsor or is this something she can do on her own?

TIA
Regards,

 

[canuck_in_uk]

Hi Scylla,

Thank you for the response. So if I understand you correctly. I do not have to change my status to a resident or concern myself with paying Canadian taxes in Canada (as I will be paying US tax potentially) even though my wife is in Canada under PR status.

Another question I have is that when my wife first enters Canada before the expiry date on the visa do I need to be traveling with her as her sponsor or is this something she can do on her own?

TIA
Regards,

If your wife is living in Canada while you are living in the US, then you will likely still be considered a resident for tax purposes in Canada.

You do not need to be there for her landing. Note that applicants have been refused landing when CBSA became aware that the sponsor did not intend to live on Canada.

 

[Rooka11]

I am not sure if this is what Scylla was intending to say but if it is not it looks like there are two different opinions here. I thought that the responsibility was to support the family but not sure if I have to be also a resident in Canada. I suppose even if I am not spending more than 183 days per calendar year in Canada I can still change my status to resident in Canada and ultimately have to work out something as far as paying taxes in both countries is concerned. Anyone have some advice on this matter?

 

[canuck_in_uk]

I am not sure if this is what Scylla was intending to say but if it is not it looks like there are two different opinions here. I thought that the responsibility was to support the family but not sure if I have to be also a resident in Canada. I suppose even if I am not spending more than 183 days per calendar year in Canada I can still change my status to resident in Canada and ultimately have to work out something as far as paying taxes in both countries is concerned. Anyone have some advice on this matter?

Part of the PR app proving you will return to live in Canada once the app is approved. If CBSA finds out that you plan to live in the US, they could refuse her landing.

The tax residency is an entirely separate matter and has nothing to do with residency for the purposes of IRCC or CBSA.

 

[Rooka11]

Ah ok!

So irregardless of residency status, both sponsor and applicant have to be residing in Canada during the time while the applicant is under PR status. Of course abiding by the obligation to provide for applicant and the 3 year in 5 year rule for citizenship.

 

[vensak]

Ah ok!

So irregardless of residency status, both sponsor and applicant have to be residing in Canada during the time while the applicant is under PR status. Of course abiding by the obligation to provide for applicant and the 3 year in 5 year rule for citizenship.

Not true. That rule is only for PR residents, not Canadian citizens. However Canadian citizen needs to show intentions to return to Canada.

 

[Miraclejj]

Not true. That rule is only for PR residents, not Canadian citizens. However Canadian citizen needs to show intentions to return to Canada.

Ya, you need to convince IRCC that as a sponsor, you will move back and live in Canada. But after your wife's application is approved and she landed, IRCC really doesn't care where you will live and work. And if you are a citizen and you work abroad, your wife even can live with you abroad, and the time period that she is with you, may be counted towards her RO.

 

[Rooka11]

Ok! Thanks for all the input everyone. Thankfully my wife's application has been accepted; we just need to land. Once my wife is landed and settled in then it's not an issue for IRCC or CBSA where I live and work. The only point is to ensure no social assistance is sought after while my wife is in Canada under PR status. Is that a fair and accurate summary?

On a side note; what does RO stand far? I tried checking the Acronym thread but couldn't find it.

TIA

 

[canuck78]

Ok! Thanks for all the input everyone. Thankfully my wife's application has been accepted; we just need to land. Once my wife is landed and settled in then it's not an issue for IRCC or CBSA where I live and work. The only point is to ensure no social assistance is sought after while my wife is in Canada under PR status. Is that a fair and accurate summary?

On a side note; what does RO stand far? I tried checking the Acronym thread but couldn't find it.

TIA

RO is residency obligation living in Canada 2 out of 5 years). The only issue you may face if you move to the US is that your wife’s time with you may not count towards PR. You can always sponsor her again if that is the case. If you are not planning on living in Canada and plan to relocate to the US instead that may be an issue.