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Clarifications on filing BSF186/BSF186A

jlyang

Full Member
Jul 13, 2018
24
6
Good day, I know there's been a lot of threads discussing this and I have read a lot but I am still confused so I'm hoping someone will explain to me in further detail or will confirm if how I understood the situation is correct.

So I got my COPR through the Express Entry program and am planning to do a soft-landing next week, staying only until I get my PR card (I estimated around 2 weeks but if it doesn't arrive, it's fine because I'm staying at my cousin's place so she can receive the card for me in case of delays), and then planning to return after almost a year (definitely moving next year and after Aug 2020, but I am still not sure exactly when). I'm preparing my documents at the moment and need some advice with BSF186/BSF186A.

Upon reading threads and threads on this subject, I got the following points:

  • CIC and CBSA have different definitions of PR/"SETTLER"/Landing.
  • For CIC, the moment I land in Canada for the first time after getting my COPR (no matter my intention to stay for long or not), I will be processed as a Permanent Resident. They do not have any distinction between soft or hard landing, so it's very clear cut.
  • For CBSA on the other hand, I am not considered a "SETTLER" since I am confirmed not planning to stay in Canada for a period of no less than 12 months. (Reference: https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.html)
  • Another category is "RETURNING RESIDENT" which, according to documentations (https://www.cbsa-asfc.gc.ca/publications/forms-formulaires/bsf186-eng.html), is a person who has lived outside Canada for a period longer than 12 months.
So I want to ask, because of this distinction and because I am sure I won't be fulfilling the 12 months requirement to qualify as a "SETTLER", should I still file BSF186?

----
(Original text)
Also, I have read the criteria for "RETURNING RESIDENT" and I don't know if I match and should file as "RETURNING RESIDENT" instead of "SETTLER"? Because the definition provided did not clarify what status or requirements a person should have prior to staying outside of Canada for this 12-month period or longer and I do not know if my 2-week stay as a PERMANENT RESIDENT status would qualify.

[EDIT]
I have read in a post (I have lost the link T^T) that I need to file B4E in order to classify as a former resident, therefore I would like to just clarify that the "RETURNING RESIDENT" label will not qualify for me because I will not file B4E. :)
----

I'm sorry if this has been discussed previously but I honestly have read a lot of threads and the more I read, the more it got really confusing. Majority of the people (in the threads I read) would say that you should file BSF186 upon landing (even if you are not planning to stay after), only a few said that you should not if you do not plan to become a "SETTLER". I would normally believe and act in accordance to the majority but one of the few posts that said you should not file, linked to this official memorandum from the CBSA https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.html, wherein it states:

As an example, a person can become a permanent resident without the intention of residing immediately in Canada. However, this person is not determined to be a settler as defined in the customs legislation, and be eligible for the provisions of tariff item No. 9807.00.00. In this case, since the person does not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time, that person is considered a non-resident of Canada and not a settler, for the purpose of the Customs Tariff...

So I would just like to get confirmation because, if I just follow the memorandum, it does state that I should not file my BSF186 next week. However, I may be missing some information or it may actually be outdated, etc. so I want to double-check and would appreciate any advise, thank you. :)
 
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zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Good day, I know there's been a lot of threads discussing this and I have read a lot but I am still confused so I'm hoping someone will explain to me in further detail or will confirm if how I understood the situation is correct.

So I got my COPR through the Express Entry program and am planning to do a soft-landing next week, staying only until I get my PR card (I estimated around 2 weeks but if it doesn't arrive, it's fine because I'm staying at my cousin's place so she can receive the card for me in case of delays), and then planning to return after almost a year (definitely moving next year and after Aug 2020, but I am still not sure exactly when). I'm preparing my documents at the moment and need some advice with BSF186/BSF186A.

Upon reading threads and threads on this subject, I got the following points:

  • CIC and CBSA have different definitions of PR/"SETTLER"/Landing.
  • For CIC, the moment I land in Canada for the first time after getting my COPR (no matter my intention to stay for long or not), I will be processed as a Permanent Resident. They do not have any distinction between soft or hard landing, so it's very clear cut.
  • For CBSA on the other hand, I am not considered a "SETTLER" since I am confirmed not planning to stay in Canada for a period of no less than 12 months. (Reference: https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.html)
  • Another category is "RETURNING RESIDENT" which, according to documentations (https://www.cbsa-asfc.gc.ca/publications/forms-formulaires/bsf186-eng.html), is a person who has lived outside Canada for a period longer than 12 months.
So I want to ask, because of this distinction and because I am sure I won't be fulfilling the 12 months requirement to qualify as a "SETTLER", should I still file BSF186?

----
(Original text)
Also, I have read the criteria for "RETURNING RESIDENT" and I don't know if I match and should file as "RETURNING RESIDENT" instead of "SETTLER"? Because the definition provided did not clarify what status or requirements a person should have prior to staying outside of Canada for this 12-month period or longer and I do not know if my 2-week stay as a PERMANENT RESIDENT status would qualify.

[EDIT]
I have read in a post (I have lost the link T^T) that I need to file B4E in order to classify as a former resident, therefore I would like to just clarify that the "RETURNING RESIDENT" label will not qualify for me because I will not file B4E. :)
----

I'm sorry if this has been discussed previously but I honestly have read a lot of threads and the more I read, the more it got really confusing. Majority of the people (in the threads I read) would say that you should file BSF186 upon landing (even if you are not planning to stay after), only a few said that you should not if you do not plan to become a "SETTLER". I would normally believe and act in accordance to the majority but one of the few posts that said you should not file, linked to this official memorandum from the CBSA https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.html, wherein it states:

As an example, a person can become a permanent resident without the intention of residing immediately in Canada. However, this person is not determined to be a settler as defined in the customs legislation, and be eligible for the provisions of tariff item No. 9807.00.00. In this case, since the person does not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time, that person is considered a non-resident of Canada and not a settler, for the purpose of the Customs Tariff...

So I would just like to get confirmation because, if I just follow the memorandum, it does state that I should not file my BSF186 next week. However, I may be missing some information or it may actually be outdated, etc. so I want to double-check and would appreciate any advise, thank you. :)
You do not need to submit those documents during a "soft landing", because you are not eligible at that time.
You submit them when you arrive at a Port of Entry with the intention of remaining in Canada as a "SETTLER" for at least one year, for the first time. Not any other tariff category.
It really is as simple as that.
 
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jlyang

Full Member
Jul 13, 2018
24
6
You do not need to submit those documents during a "soft landing", because you are not eligible at that time.
You submit them when you arrive at a Port of Entry with the intention of remaining in Canada as a "SETTLER" for at least one year, for the first time. Not any other tariff category.
It really is as simple as that.
Noted, thank you! :D