Leon need some information please

[anusai]

Hi Leon,

I am flying to canada tonight. can u tell me where I can go to find out about family sponsorship. can i sponsor my husband? but then I am not working so I have no financial backing to support the sponsorship. also I have not filed my taxes since 2008.

since I am travelling to canada......

1) should i arrange to file my taxes for the years i have not done?

2) whom do i consult for this ?

3) can i rely on any tax consultant to advice and help me with the papers?

4) I have no income. will the authorities consider that point?

5) will I be penalised for not filing taxes from 2008. can i do now for the past years.

6) can i declare myself as non resident from 2011? will they ask for some proof? will they look into my
passport to see when I travelled out of canada.

7) if i declare myself as non resident then my driving license and my health card will have to be cancelled i suppose.

I am confused about the above points. since I have not declared non resident, the immigration authorities will treat me someone staying in canada but travelling out for holiday. but that is not the case. infact it is the other way round. what to do to correct the situation.

thanks

 

[Leon]

anusai, I think we have been through all this before.

You live outside Canada with your PR husband which means his PR is actually protected, however, you did not want the government to know that you were living outside Canada because you wanted to keep your health card and still, you do not file taxes.

You keep asking if you or someone can sponsor your husband who does not need to be sponsored while he is a PR already and yet you say your husband does not want to move to Canada.

Are you planning on moving to Canada at this point? If you are, I can only advise you that you need to clean up your own mess. That is, go and talk to the health care, tell them how long you were gone, ask what you have to do to reinstate your health card. Talk to CRA, tell them that you have been outside Canada since 2008 and you have not filed taxes because you had no income. Ask them what you should do to make good with them. Drivers license you don't have to worry about, you can go renew it when it is time to do so.

As for your husband, as long as you have been living with him outside Canada for 2 years out of the last 5, he still meets the residency requirements and does not have to be sponsored.

 

[Sarojji]

Hi Leon,

I really appreciate the knowledge you have. I am from Kathmandu, Nepal and me and my wife both are Canadian PR since August 28, 2010. "WE ENTERED CANADA AT THIS DATE" I lived there in Montreal for around 2 months and returned back to my home country for my offical work. Being as a government Job holder it was compulsion for me to be returned. But my wife lived there around 7 months and after 7 months she was also returned. I still have to be here for around six months more. We got baby here in our home country and now we have 8 months old baby too. Please, I need your expert openion in following points....

a) Can we stay 6 months more in our home country or we have to enter before August 28 as its going to be 2 years outside Canada ?

b) We want to take our baby along with us, so can we sponsor our baby by being outside?

c) Our port of entry was Toronto, Ontario. we entered there too but stayed in Montreal, Quebec and also take social Security Card and Health Card from there.......Does it create problem for us in reentry?

d) Counting of Residency Obligation is from my PR approval date.. or Canada entry Date i.e; Confirmation of PR Date?

Please Help

 

[Leon]

a) Can we stay 6 months more in our home country or we have to enter before August 28 as its going to be 2 years outside Canada ?

b) We want to take our baby along with us, so can we sponsor our baby by being outside?

c) Our port of entry was Toronto, Ontario. we entered there too but stayed in Montreal, Quebec and also take social Security Card and Health Card from there.......Does it create problem for us in reentry?

d) Counting of Residency Obligation is from my PR approval date.. or Canada entry Date i.e; Confirmation of PR Date?

a.) You can stay 6 more months because you are allowed to spend up to 3 years outside Canada in your first 5 years.

b.) No, you can not sponsor the baby being outside. You can apply for a TRV for the baby but you may be refused because you intend for the baby to stay permanently. If you are refused, you can try applying for a TRP for the baby. This is a visa on humanitarian grounds. If you are also refused, one of you must go to Canada and sponsor the baby while the other waits with the baby at home.

c.) No, it is not really a problem.

d.) The residency obligation starts from the Canada entry date, the day you landed with your PR visa.

 

[Sarojji]

Dear Leon,

Millions of thanks, Thank you so much for your prompt response. I was tensed from a long. Now headche is completely out.

Thank you once again.