Did not Submit BSF186/BSF186A documents at the time of landing !

[Hani19820]

Hi Everyone !

I have a query I hope someone here will be able to help me with, I qualified to become a Canadian PR on the Spousal Sponsorship Program, I landed in Canada about 2 years back, with an intention to stay there for a short time, then come back and move back again when we are ready to settle in Canada for good.

My quandary is that when i landed for the first time i did not submit any BSF186/BSF186A documents (never realized its a requirement : (). Now we are planning to move their for good and obviously be taking some stuff (furniture, electronics etc.) along with us, question is what are the implications of not submitting this form earlier.

Any help will be greatly appreciated.

Regards,
Hani

 

[Hurlabrick]

Hi Everyone !

I have a query I hope someone here will be able to help me with, I qualified to become a Canadian PR on the Spousal Sponsorship Program, I landed in Canada about 2 years back, with an intention to stay there for a short time, then come back and move back again when we are ready to settle in Canada for good.

My quandary is that when i landed for the first time i did not submit any BSF186/BSF186A documents (never realized its a requirement : (). Now we are planning to move their for good and obviously be taking some stuff (furniture, electronics etc.) along with us, question is what are the implications of not submitting this form earlier.

Any help will be greatly appreciated.

Regards,
Hani

Sounds like an extended version of what we plan to do (and what is very common), which is to land to activate your CoPR / PR, but at that time, NOT to 'land as a settler'.

So we plan to land well before the CoPR expiry date to get the PR card and 'start the clock' on PR in April, but NOT at that stage to declare any goods to customs as we will not be settling on that trip. This is OK.

We will then return to the UK, finish selling our house (at which stage we will know precisely what we want to ship to Canada) and land again, hopefully in July (and with the PR Card) and at that stage tell them when landing that we are now 'landing as a settler', so have our 'goods accompanying' and 'goods to follow' list for customs.

I think you should do the same on your next return trip. They may think it odd that it has taken you two years to get to this point, but I wouldn't think you are unique - just explain your situation and how you got to this point.

Some useful reading of a wiki site on this subject here:

http://britishexpats.com/wiki/Landing_as_PR-Canada

 

[zardoz]

We did much the same but be warned.. Not all CBSA officers understand the "arriving as a settler" legislation and may put up a fight that you have left it too long after the initial landing as a PR. We had this happen after only 10 months gap. You will have to request to see a senior officer/supervisor in that case.

 

[Hani19820]

We did much the same but be warned.. Not all CBSA officers understand the "arriving as a settler" legislation and may put up a fight that you have left it too long after the initial landing as a PR. We had this happen after only 10 months gap. You will have to request to see a senior officer/supervisor in that case.

Thanks a lot for the responses, however, the part i dont understand is that as per the residency requirements, the amount of time the sponsored spouse spends with his Canadian Citizen wife (who is his Sponsor) outside of Canada, will be counted towards his days in Canada. In the light of this can the officer still pose a challenge, when i come for final settling.

 

[Aquakitty]

Thanks a lot for the responses, however, the part i dont understand is that as per the residency requirements, the amount of time the sponsored spouse spends with his Canadian Citizen wife (who is his Sponsor) outside of Canada, will be counted towards his days in Canada. In the light of this can the officer still pose a challenge, when i come for final settling.

You're talking about two different things.

Variation Between Customs/Immigration Legislation
9. A person's status for customs purposes is not always the same as their status for immigration purposes.

10. 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, and is eligible to temporarily import goods under tariff item No. 9803.00.00.


You should bring proof that you were living with your Canadian spouse outside of Canada so they don't hassle you about PR obligations, but that's not the same thing as customs tariff as a settler.

 

[Hani19820]

You're talking about two different things.

Variation Between Customs/Immigration Legislation
9. A person's status for customs purposes is not always the same as their status for immigration purposes.

10. 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, and is eligible to temporarily import goods under tariff item No. 9803.00.00.


You should bring proof that you were living with your Canadian spouse outside of Canada so they don't hassle you about PR obligations, but that's not the same thing as customs tariff as a settler.

Many thanks for your response, clear now

will regards to residency obligation in my case, do you expect challenges posed by the officer to me when i return to Canada after say 3 years. Provided I will give him all the evidence that I have lived together with my Canadian Citizen wife, who is my sponsor. Since the time i got my PR.

 

[Aquakitty]

Many thanks for your response, clear now

will regards to residency obligation in my case, do you expect challenges posed by the officer to me when i return to Canada after say 3 years. Provided I will give him all the evidence that I have lived together with my Canadian Citizen wife, who is my sponsor. Since the time i got my PR.

You should have no problem if your wife is with you and you bring some evidence. If you are returning alone, the burden of proof might be higher.