Canadian husband claiming me (inland applicant awaiting OWP/PR on overstayed visa) on taxes?

[neondino]

Can anyone shed some light on this, as my husband's accountant is not being helpful.

I came to Canada on a six month visitor visa from the UK, got married, overstayed my visa and then applied for inland PR (and a OWP at the same time) from out of status. So now I have implied status (got my POA), but to all intents and purposes, still don't really exist. Live in the apartment my husband had before I moved here, and don't contribute financially, and I'm not generating any income from the UK, so I'm sort of in limbo, paperwork-wise.

My husband has been advised to claim me as a dependent on his tax return, but his accountant has told me to get a SIN, and AFAIK I'm not eligible for a SIN until I get either my OWP/PR (which as I applied out of status, will most likely come together right?). He already declared he got married at the time, so we're good on that front.

So can he claim me, as I'm not a legal resident? It seems very much a grey area, and hours spent on the revenue canada website haven't helped me much. I found info about him claiming a non-resident dependent but that seems to be if they don't live in Canada and he's sending money so can show money transfers etc. but we don't have proof of anything like that because he just pays 'his' rent and I live here, there's no money changing hands, as it were.

Also if he does try and claim me as a dependent, will that have any effect on my application?

 

[zardoz]

Can anyone shed some light on this, as my husband's accountant is not being helpful.

I came to Canada on a six month visitor visa from the UK, got married, overstayed my visa and then applied for inland PR (and a OWP at the same time) from out of status. So now I have implied status (got my POA), but to all intents and purposes, still don't really exist. Live in the apartment my husband had before I moved here, and don't contribute financially, and I'm not generating any income from the UK, so I'm sort of in limbo, paperwork-wise.

My husband has been advised to claim me as a dependent on his tax return, but his accountant has told me to get a SIN, and AFAIK I'm not eligible for a SIN until I get either my OWP/PR (which as I applied out of status, will most likely come together right?). He already declared he got married at the time, so we're good on that front.

So can he claim me, as I'm not a legal resident? It seems very much a grey area, and hours spent on the revenue canada website haven't helped me much. I found info about him claiming a non-resident dependent but that seems to be if they don't live in Canada and he's sending money so can show money transfers etc. but we don't have proof of anything like that because he just pays 'his' rent and I live here, there's no money changing hands, as it were.

Also if he does try and claim me as a dependent, will that have any effect on my application?

If you were already out of status when you sent your OWP application, you are not under implied status.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

 

[Rob_TO]

Can anyone shed some light on this, as my husband's accountant is not being helpful.

I came to Canada on a six month visitor visa from the UK, got married, overstayed my visa and then applied for inland PR (and a OWP at the same time) from out of status. So now I have implied status (got my POA), but to all intents and purposes, still don't really exist. Live in the apartment my husband had before I moved here, and don't contribute financially, and I'm not generating any income from the UK, so I'm sort of in limbo, paperwork-wise.

My husband has been advised to claim me as a dependent on his tax return, but his accountant has told me to get a SIN, and AFAIK I'm not eligible for a SIN until I get either my OWP/PR (which as I applied out of status, will most likely come together right?). He already declared he got married at the time, so we're good on that front.

So can he claim me, as I'm not a legal resident? It seems very much a grey area, and hours spent on the revenue canada website haven't helped me much. I found info about him claiming a non-resident dependent but that seems to be if they don't live in Canada and he's sending money so can show money transfers etc. but we don't have proof of anything like that because he just pays 'his' rent and I live here, there's no money changing hands, as it were.

Also if he does try and claim me as a dependent, will that have any effect on my application?

As mentioned above, you are not in legal/implied status right now. Since the OWP requires the applicant to be in legal status at time the app is submitted, it will most likely be declined.

Those that apply for OWP while out of status are also require to submit a Restoration of Status form and fee (I think it's $200) along with the OWP app, as long as it's been 3 months or less since original status ended.

As for your taxes, it's fine for him to claim you under Line 303 Spouse or Common-Law partner amount. The only real requirement is you are his spouse/common-law partner, and you both live together in Canada. You should not need a SIN or tax number, however expect before approving his tax return CRA will send a questionnaire asking for info on your worldwide income.

 

[canamconnect]

As mentioned above, you are not in legal/implied status right now. Since the OWP requires the applicant to be in legal status at time the app is submitted, it will most likely be declined.

Those that apply for OWP while out of status are also require to submit a Restoration of Status form and fee (I think it's $200) along with the OWP app, as long as it's been 3 months or less since original status ended.

As for your taxes, it's fine for him to claim you under Line 303 Spouse or Common-Law partner amount. The only real requirement is you are his spouse/common-law partner, and you both live together in Canada. You should not need a SIN or tax number, however expect before approving his tax return CRA will send a questionnaire asking for info on your worldwide income.

Depends who you get at CRA I think. I claim my hubby and they only ever asked for a copy of our marriage certificate. That's it.