My husband (sponsor) hasn't filed taxes in 10 years. Is this a big problem?

[deathandtaxes]

Hello Canada Immigrations Forums,

My husband and I have a bit of a problem on our hands. We got married earlier this summer and I knew about his tax situation - he is a freelancer who hasn't paid taxes in 10 years. We didn't think it would affect his ability to sponsor me, until we saw that his tax paperwork is required in the application. My temporary resident status expires on Dec 25 of this year, and we're about to send in my paperwork.

As I understand it, he can write a letter (in lieu of his tax papers) explaining his situation. I'd like to know if something like this has happened to anyone here and how to proceed next. Is he in jeopardy of not being able to sponsor me? Thanks!

 

[clairelyza]

Hello Canada Immigrations Forums,

My husband and I have a bit of a problem on our hands. We got married earlier this summer and I knew about his tax situation - he is a freelancer who hasn't paid taxes in 10 years. We didn't think it would affect his ability to sponsor me, until we saw that his tax paperwork is required in the application. My temporary resident status expires on Dec 25 of this year, and we're about to send in my paperwork.

As I understand it, he can write a letter (in lieu of his tax papers) explaining his situation. I'd like to know if something like this has happened to anyone here and how to proceed next. Is he in jeopardy of not being able to sponsor me? Thanks!

Hi unfortunately your husband can't sponsor you with his tax situation same thing with my husband,he owes taxes and also has arrears for child support. Anything that involves about government debt will affect sponsorship. We thought I can get my PR and my children in the Philippines sooner after we got married but unfortunately we can't do that good thing I didn't cancel my PR application under the live in caregiver program. If you want to make sure you can go to canada website and go to the link under sponsorship.

 

[deathandtaxes]

Hi unfortunately your husband can't sponsor you with his tax situation same thing with my husband,he owes taxes and also has arrears for child support. Anything that involves about government debt will affect sponsorship. We thought I can get my PR and my children in the Philippines sooner after we got married but unfortunately we can't do that good thing I didn't cancel my PR application under the live in caregiver program. If you want to make sure you can go to canada website and go to the link under sponsorship.

Hi there, I was reading through the requirements for sponsorship and it said the following:

•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
•defaulted on a court-ordered support order, such as alimony or child support
•received government financial assistance for reasons other than a disability
•were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
•defaulted on an immigration loan—late or missed payments
•are in prison or
•have declared bankruptcy and have not been released from it yet.

The reason why your husband couldn't sponsor is because of the child support, as stated in #2.

 

[brucem]

I think as the previous poster indicated this would be a problem although I'm not 100% sure if it would mean denial. From memory those who had not filed taxes for a couple of years were always advised to do so before submitting an application although I've never come across someone who hadn't filed for 10 years. I think ideally he would have to submit his taxes and then include a letter advising CIC of the situation. Although there is no financial requirement for spousal sponsorship CIC want to know how your husband would be able to support you. I think it also gives them information on whether he has required welfare in the last year which as your list noted would not allow him to sponsor you. At best it would cause some delay in the application.

Maybe the more senior members will have some other options for you.

 

[clairelyza]

Hi there, I was reading through the requirements for sponsorship and it said the following:

•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
•defaulted on a court-ordered support order, such as alimony or child support
•received government financial assistance for reasons other than a disability
•were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
•defaulted on an immigration loan—late or missed payments
•are in prison or
•have declared bankruptcy and have not been released from it yet.

The reason why your husband couldn't sponsor is because of the child support, as stated in #2.

yes thats right I've read that too. Maybe your husband could if he can settle his tax or make an arrangement. Good luck

 

[taffy7]

Your husband best fie his taxes asap .He can make arrangements to pay if he owes money , but you have to submit his option C this is to show that he has not been on welfare . The debt he owes to the government will not affect his sponsorship to sponsor you . He can not be going through bankruptcy , or be on welfare .Find an accountant and file these taxes.Its going to be a nasty task but he has to do this .

 

[deathandtaxes]

Your husband best fie his taxes asap .He can make arrangements to pay if he owes money , but you have to submit his option C this is to show that he has not been on welfare . The debt he owes to the government will not affect his sponsorship to sponsor you . He can not be going through bankruptcy , or be on welfare .Find an accountant and file these taxes.Its going to be a nasty task but he has to do this .

That's good news! He has not filed bankruptcy and he has not ever been on welfare (just unemployment insurance over a dozen years ago). We're getting his tax paperwork together and hoping for the best. Thanks so much!

 

[rhcohen2014]

yes, i agree with taffy. owing taxes isn't a reason a sponsor is found ineligible. the issue is CIC needs solid proof the sponsor has not filed bankruptcy, owes child support or has drawn on social welfare within the past 12 months. when a sponsor lives and works in canada, the only way cic can do this is with an option c. CIC will only accept certain reasons why an option c form isn't submitted, and not filing taxes for 10 years is not one of them. generally, this required document is waived when the sponsor resides out of canada and can prove 12 months of paystubs or business income.

there is nothing stopping you from *trying* to submit the alternative which is a letter of explanation and 12 months of paystubs or proof of income from self employment. this doesn't mean CIC won't request the option c anyway, as it is their right to. so in the end, your spouse may need to suck it up, file his back taxes and get an option c form. the real question is do you want to risk having to stress about meeting a deadline later down the road?

 

[keesio]

Your husband best fie his taxes asap .He can make arrangements to pay if he owes money , but you have to submit his option C this is to show that he has not been on welfare . The debt he owes to the government will not affect his sponsorship to sponsor you . He can not be going through bankruptcy , or be on welfare .Find an accountant and file these taxes.Its going to be a nasty task but he has to do this .

I don't think he could get an Option C because he's never filed taxes. An Option C is basically a more detailed NoA with extra information regarding government assistance payments. If you've never filed, they would not have any information to generate an Option C. The problem is that you have to explain why you don't have an option C to CIC. If you were not a tax resident (living outside Canada, etc) then that can be explained with a letter. If you have been a tax resident all that time, explaining why you don't have an Option C may be more tricky to say the least.

I would actually recommend, as taffy7 said, to make sure file all those back taxes... at least three years, but maybe more. And pay in full any taxes you may owe. If the amount owed is small (or non owed at all) then it will probably be ok. If not, then CRA may be a bigger beast to deal with.

 

[taffy7]

Once he files even 1 year of taxes they are going to be all over him , but you have no choice. You could just go back 3 years for the time being. Immigration is a breeze when it comes to Revue Canada . I own my own company and i you have two types of taxes business and personal .They are looking for his personal taxes, but to do that you have to fie the business taxes first to gain your deductions. Then personal taxes can be filed.

 

[keesio]

Once he files even 1 year of taxes they are going to be all over him , but you have no choice. You could just go back 3 years for the time being. Immigration is a breeze when it comes to Revue Canada . I own my own company and i you have two types of taxes business and personal .They are looking for his personal taxes, but to do that you have to fie the business taxes first to gain your deductions. Then personal taxes can be filed.

I know some people who live abroad but because they had some ties to Canada, CRA considered them tax residents. They didn't file for like 2 years and when they found out, they filed back taxes and CRA let it go because they didn't owe any taxes.

It will be an issue if the OP's husband owed taxes and is considered a tax evader. And if the amount is substantial and they decide to pursue all 10 years + interest.... yikes. If he doesn't owe (or owe much) then I think it may not be too bad...

 

[taffy7]

I know some people who live abroad but because they had some ties to Canada, CRA considered them tax residents. They didn't file for like 2 years and when they found out, they filed back taxes and CRA let it go because they didn't owe any taxes.

It will be an issue if the OP's husband owed taxes and is considered a tax evader. And if the amount is substantial and they decide to pursue all 10 years + interest.... yikes. If he doesn't owe (or owe much) then I think it may not be too bad...

They will look at his returns and adjustments and he will make arrangements to pay them back.They want their money.It is not in their best interest to prosecute him.There is bigger fish to fry , but they won't let go of the bone once he files. He just needs to file.

 

[yokies]

I was in similar situation where my spouse hadn't file taxes for 3 years (luckily not 10 years) I filed them for him and luckily he was not owing anything and got a refund back. We did this before filing for the sponsorship. If he is owing taxes then the interest aspect of things are going to be brutal as CRA interest rates are ridiculous. Fingers crossed he isn't owing anything.

 

[BCKev]

Hello Canada Immigrations Forums,

My husband and I have a bit of a problem on our hands. We got married earlier this summer and I knew about his tax situation - he is a freelancer who hasn't paid taxes in 10 years. We didn't think it would affect his ability to sponsor me, until we saw that his tax paperwork is required in the application. My temporary resident status expires on Dec 25 of this year, and we're about to send in my paperwork.

As I understand it, he can write a letter (in lieu of his tax papers) explaining his situation. I'd like to know if something like this has happened to anyone here and how to proceed next. Is he in jeopardy of not being able to sponsor me? Thanks!

I would go ahead and apply!

I was approved as a sponsor and hadn't filed my taxes for three years. You will not be able to provide the "option C" because they are basically another form of a notice of assessement, based on your tax filing.

Instead of supplying the Option C, I wrote a letter explaining why I didn't have them and that I was employed. I also provided T4's for a few years to prove that I was working. I suggest you provide some documentation to demonstrate income: bank statements, invoices, references from clients, annual statements of business activities, or whatever you can round up.

 

[jamali]

I also did not file my taxes for five years. In lieu of Option C, I provided them with a letter stating that I did not file my taxes and provided them with my SIN. I also provided them with a copy of my contract which showed my income (I'm self-employed) also I included a print out of my bank savings. I was approved as sponsor within the given timeframe. Later when I ordered my GCMS notes, I can see they did do a back ground check to see if I was or had been receiving Social Assistance ... which I hadn't so I was deemed eligible.

Good luck!