Family Class sponsorship (Outland spouse) help! will our application get rejected due to my funny looking tax filing.

[couplefromDubai]

Hi Everyone!

I am sponsoring my spouse under family class.

I need help for this question: When did you last live in Canada? I feel my situation is complicated as I have never declared myself as Non-Resident even though I have lived less than 183 days per year in Canada after 2011. I just don't want to confuse who ever looks at my application to avoid getting it rejected or getting in trouble with the CRA.

I was wondering what date I can put as last lived in Canada based on the below info about me:

• I have been a naturalised Canadian citizen since year 2000 and have been living there constantly. Right after university graduation in 2011 I moved to Dubai to live with my parents who had relocated there for work. I also have a temporary residence permit in Dubai. I haven’t lived in Canada for more than the ''183 days per year'' after 2011. I don’t have any property or assets in Canada, but still have many ties there. I visited for a month each in 2013 and 2016.

• I last filed a tax return in 2016 when I visited relatives last for a month, but I reported zero income because I didn’t earn anything in Canada. I was trying to show activity in Canada despite living in Dubai thinking it would help. I filed it in 2016 for the 2015 year. I don't have anything taxable in Canada as I was not working there and no assets or property. I was working in Dubai but I read online that is not taxable.

• I still have a student OSAP loan with the NSLSC and there is a Canadian mailing address on file (it’s my cousin’s but it's stated as my own address) I am making the payments on it regularly still.

• I have a bank account where there is a Canadian mailing address and phone number on file and I am somewhat active on the account

• I have a valid drivers license that expires in 2021

Thanks for the help I am really stressed out about it!

 

[canuck78]

Hi Everyone!

I am sponsoring my spouse under family class.

I need help for this question: When did you last live in Canada? I feel my situation is complicated as I have never declared myself as Non-Resident even though I have lived less than 183 days per year in Canada after 2011. I just don't want to confuse who ever looks at my application to avoid getting it rejected or getting in trouble with the CRA.

I was wondering what date I can put as last lived in Canada based on the below info about me:

• I have been a naturalised Canadian citizen since year 2000 and have been living there constantly. Right after university graduation in 2011 I moved to Dubai to live with my parents who had relocated there for work. I also have a temporary residence permit in Dubai. I haven’t lived in Canada for more than the ''183 days per year'' after 2011. I don’t have any property or assets in Canada, but still have many ties there. I visited for a month each in 2013 and 2016.

• I last filed a tax return in 2016 when I visited relatives last for a month, but I reported zero income because I didn’t earn anything in Canada. I was trying to show activity in Canada despite living in Dubai thinking it would help. I filed it in 2016 for the 2015 year. I don't have anything taxable in Canada as I was not working there and no assets or property. I was working in Dubai but I read online that is not taxable.

• I still have a student OSAP loan with the NSLSC and there is a Canadian mailing address on file (it’s my cousin’s but it's stated as my own address) I am making the payments on it regularly still.

• I have a bank account where there is a Canadian mailing address and phone number on file and I am somewhat active on the account

• I have a valid drivers license that expires in 2021

Thanks for the help I am really stressed out about it!

The answer seems pretty clear...2011. You are going to have pretty solid proof that you are moving back to Canada or your spouse will not get approved.

 

[LongBill]

You are going to have pretty solid proof that you are moving back to Canada or your spouse will not get approved.

Ahoy, canuck78. Could you please expand on your statement about solid proof returning to Canada?

My wife (CAD citizen) moved to the USA 20 years ago for us to be married. She eventually gained US citizenship as well. Now that I am retired (wife did not work in the US) we are planning to move to her home in Canada (in fact, my PR application was received in Sydney this week). The application asked for "proof" that she, as a Canadian citizen not residing in Canada, would move back to Canada with her spouse, if approved. We wrote a 3 page essay with 3 major points (why she left (to marry me, and my career was here in US), her ties to Canada (her own family), and our plan to return). Considering the long history of our relationship do you believe that more concrete proof is needed?

Thank you for any comments you might provide.

 

[canuck78]

Ahoy, canuck78. Could you please expand on your statement about solid proof returning to Canada?

My wife (CAD citizen) moved to the USA 20 years ago for us to be married. She eventually gained US citizenship as well. Now that I am retired (wife did not work in the US) we are planning to move to her home in Canada (in fact, my PR application was received in Sydney this week). The application asked for "proof" that she, as a Canadian citizen not residing in Canada, would move back to Canada with her spouse, if approved. We wrote a 3 page essay with 3 major points (why she left (to marry me, and my career was here in US), her ties to Canada (her own family), and our plan to return). Considering the long history of our relationship do you believe that more concrete proof is needed?

Thank you for any comments you might provide.

Yes concrete proof is likely needed like purchase of a property in Canada or at the very least concrete proof that you are looking at properties in Canada.