B4 Form- Presented at Landing, but Now Settling with More Stuff

[foggline]

Hello all,

I presented and got my B4 "Goods to Follow" stamped at the time of landing (which now seems like it was the wrong thing to do since I wasn't actually settling). I just checked and they had checked marked "settler" on the form. I was just there for the day to land and then headed back to U.S. for two years. Soon, I will actually be settling in Canada and moving all my stuff there. I have since replaced an old computer with a new one and bought a couple other pieces of electronics (DSLR, etc.).

What to do? Will I get charged duty on this since I already submitted my form, even though I've only spent a total of maybe 6 weeks in Canada since landing? The items were all purchased more than 6 months ago, if that makes a difference. Do I declare myself a "former resident" and present a new form? Or do they not actually care down to the item?

Thanks

 

[zardoz]

Hello all,

I presented and got my B4 "Goods to Follow" stamped at the time of landing (which now seems like it was the wrong thing to do since I wasn't actually settling). I just checked and they had checked marked "settler" on the form. I was just there for the day to land and then headed back to U.S. for two years. Soon, I will actually be settling in Canada and moving all my stuff there. I have since replaced an old computer with a new one and bought a couple other pieces of electronics (DSLR, etc.).

What to do? Will I get charged duty on this since I already submitted my form, even though I've only spent a total of maybe 6 weeks in Canada since landing? The items were all purchased more than 6 months ago, if that makes a difference. Do I declare myself a "former resident" and present a new form? Or do they not actually care down to the item?

Thanks

Strictly speaking, you were NOT a settler at the time of landing. You were a visitor. As you are NOW coming to actually "settle", you should be submitting a new B4. However, it appears that many of the CBSA officers don't actually understand their own legislation, so you may well have problems. You are NOT a "Former Resident".

https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.html

http://cbsa-asfc.gc.ca/publications/pub/bsf5113-eng.html#s2

Who are considered Settlers?
Under customs legislation, Settlers mean all individuals who enter Canada with the intention of establishing, for the first time, a residence for a period of not less than 12 months.

It is important to know that the status of a person for customs purposes is not always the same as the person's status for immigration purposes.

For example,

• Persons coming to Canada for the purposes of employment for a period exceeding 36 months (other than United States Preclearance personnel) are at first arrival considered to be Settlers to Canada even though they may be considered Temporary Residents for immigration purposes;
• Persons entering Canada to become Permanent Residents without the intention of residing immediately in Canada are not considered Settlers to Canada since they do not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time. Therefore, under customs legislation, these persons are considered visitors to Canada, even if they are Permanent Residents for immigration purposes.

 

[foggline]

Problems are what I'm hoping to avoid! Anyone have actual experience with a similiar situation..and how things were handled at the border? If they won't give me too much trouble for presenting a new form, that sounds like the best case scenario. The other scenario would be to show them my old B4 and hope they don't actually go through my entire truck. Arggg... I wish the person stamping my form when I landed had been clear about this!! I'm guessing this situation is fairly common?

 

[zardoz]

Problems are what I'm hoping to avoid! Anyone have actual experience with a similiar situation..and how things were handled at the border? If they won't give me too much trouble for presenting a new form, that sounds like the best case scenario. The other scenario would be to show them my old B4 and hope they don't actually go through my entire truck. Arggg... I wish the person stamping my form when I landed had been clear about this!! I'm guessing this situation is fairly common?

Surprisingly common. I had a disagreement with the CBSA officer that processed my B4 when I actually came in to settle. She claimed that as I had soft landed 10 months before, it was too late to submit the B4 for actual settlement. We got round it by moving everything to my wife who was a "Former Resident" but I was prepared to have supervisors involved if required, as she was fundamentally and legally wrong.

 

[foggline]

In another thread someone stated (in regards to someone else's post) that one should present the original landing B4 and when and only if the officer asks if any new items have been purchased since then to state those and present receipts- and that additional items purchased more than 6 months ago were OK. Is there any truth to that? I can understand 6 months before landing (i.e. you had forgotten to write on form, but have receipts), but what about after the fact? If there is any truth to it, maybe that would be less controversial than trying to argue that I wasn't a settler before and submiting a new B4 (worried they won't let me or will place the fault on me since the "settler" box was technically checked). Really just hoping to not get in trouble or taxed for my new replacement computer and laptop .

 

[foggline]

One more questions regarding "Returning Resident". If they do claim I am already a Settler because I signed the B4 with the "Settler" box before, could I now be considered a returning resident. I know you said I was not... but is that because I *should* be considered a Settler or because as an immigrant I will never be a "Returning Resident" and will always be a "Settler/Landed Immigrant".

That is, can a permanent resident be a Returning Resident or is that only for citizens?

(I still have my U.S. driver's license and can provide rent receipts for past two years if it makes difference.... And I could explain that I had originally intended to Settle shortly after landing but work opportunities kept me in the U.S.?)

Thank you so very much for you help! I am extremely grateful. So stressful!

 

[zardoz]

One more questions regarding "Returning Resident". If they do claim I am already a Settler because I signed the B4 with the "Settler" box before, could I now be considered a returning resident. I know you said I was not... but is that because I *should* be considered a Settler or because as an immigrant I will never be a "Returning Resident" and will always be a "Settler/Landed Immigrant".

That is, can a permanent resident be a Returning Resident or is that only for citizens?

(I still have my U.S. driver's license and can provide rent receipts for past two years if it makes difference.)

Thank you so very much for you help! I am extremely grateful. So stressful!

It's because you should be a "Settler" as you have never settled before, and therefore can't be a "Former Resident". Once you have settled for the first time, you can be a returning resident if you ever need to spend a year or more outside Canada. PR vs citizen is not a factor.

 

[zardoz]

In another thread someone stated (in regards to someone else's post) that one should present the original landing B4 and when and only if the officer asks if any new items have been purchased since then to state those and present receipts- and that additional items purchased more than 6 months ago were OK. Is there any truth to that? I can understand 6 months before landing (i.e. you had forgotten to write on form, but have receipts), but what about after the fact? If there is any truth to it, maybe that would be less controversial than trying to argue that I wasn't a settler before and submiting a new B4 (worried they won't let me or will place the fault on me since the "settler" box was technically checked). Really just hoping to not get in trouble or taxed for my new replacement computer and laptop .

You are starting to get into tricky territory here. You need to work through the legislation that I linked to and maybe contact CBSA direct. However, the settler vs former resident issue is a no-brainer really.

 

[foggline]

Thanks- yeh, trouble is my big move is in a couple of days so I don't think they'll get back to me in time! Maybe I will just be prepared for both situations...

1) Old B4 + if they ask about any new items... proof of U.S. residency for past two years + receipts of items that were all purchased more than 6 months ago.
2) New B4 as an actual settler. The B4 does say "intention" to settle for 12 months and not necessarily that you do from what I understand? So, worried 1) they will say I committed fraud if I did not intend to settle at that time 2) if I did intend to settle, I can't submit a new B4. Rather than 3) the process was really unclear and I thought I had to submit a form at the time of landing and no one corrected me even though I stated I was only there for the day landing and not settling at that time.

Yikes....

On the plus side...it sounds like... In the best case scenario, whether they consider me to be a new Settler or a Returning Resident, due to the fact that the new items were purchased 6+ months ago, I should be OK duty wise? Now to figure out which option will be the smaller headache....

 

[foggline]

For anyone in a similiar situation... They did not care that I had already submitted a B4. I explained my situation and they were basically like "yah, you were never a resident / you are not a returning resident" and accepted a new B4 as a "Settler". They didn't look in my truck at all and because I submitted a new B4, I wasn't given any grief about items recently purchased. Phew!