Out of Canada for 8 years but want to return with my spouse

[zvallis]

Hi,
I left Canada in 2009 and for tax purposes became a nonresident. I married a non-Canadian 5 years ago and want to return to Canada with him next year.
We have started the paperwork part of the process but wonder if my non-resident status will cause a problem and/or delay.

Any advice is appreciated.
Thanks

 

[profiler]

By non-resident, do you mean you are not a Canadian Citizen, right?

Canadian citizen not residing in Canada for more than 183 days a year.

@OP: Should be ok. You will need to explain to CIC (IRCC) how you plan to re-settle.

 

[zvallis]

Yes to being out of Canada more than 183 days a year. I do go to Canada for the summers.
On the application to sponsor it asks for my status in Canada. I believe I have to put emigrate. That's what got me concerned.

Thanks for such quick responses btw ;D

 

[profiler]

Yeah. Just wanna be clear on that first.

I agree.

I'm just curious, does CIC check on the sponsor's tax forms? Because you see, the OP stated she became non-resident for tax purposes. Is that gonna be a problem for them? Just curious.

Yes they will (Option C or NOA) for those who are residents. Even though sponsoring your spouse, common-law or conjugal partner has a LICO exemption. Those who are not will have to explain re-settlement plans.

 

[profiler]

Yes to being out of Canada more than 183 days a year. I do go to Canada for the summers.
On the application to sponsor it asks for my status in Canada. I believe I have to put emigrate. That's what got me concerned.

Thanks for such quick responses btw ;D

If you are a citizen, then you put citizen.

 

[CDNPR2014]

Yeah. Just wanna be clear on that first.

I agree.

I'm just curious, does CIC check on the sponsor's tax forms? Because you see, the OP stated she became non-resident for tax purposes. Is that gonna be a problem for them? Just curious.

no, being a non-resident is not an issue for a sponsor. for outland applications, the sponsor needs to have canadian citizenship status, not have filed bankruptcy, not have used canadian welfare in the past 12 months and not have any domestic related criminal offenses to qualify as a sponsor. if they are outside of canada when the application is sent in, the application needs to provide information for how they will move back to canada with the spouse they are sponsoring for pr. for outland sponsorship, CIC doesn't care if the sponsor is living inside or outside canada when the application is submitted. they care about the couple's plans for settling in canada upon approval. there are many many many sponsors who live outside of canada during the application process and have no issue at all.

 

[profiler]

no, being a non-resident is not an issue for a sponsor. the sponsor needs to have canadian PR or citizenship status, not have filed bankruptcy, not have used canadian welfare in the past 12 months and not have any domestic related criminal offenses to qualify as a sponsor. if they are outside of canada when the application is sent in, the application needs to provide information for how they will move back to canada with the spouse they are sponsoring for pr. for outland sponsorship, CIC doesn't care if the sponsor is living inside or outside canada when the application is submitted. they care about the couple's plans for settling in canada upon approval. there are many many many sponsors who live outside of canada during the application process and have no issue at all.

I'm not sure a PR could be included here (in this case) because the OP has been out of the country more than 183 days a year since 2009 -- would they not have trouble meeting the RO?

 

[zvallis]

Thanks to you all!
It's great to get answers so quickly.

 

[CDNPR2014]

I'm not sure a PR could be included here (in this case) because the OP has been out of the country more than 183 days a year since 2009 -- would they not have trouble meeting the RO?

you're right, a PR must reside in canada while sponsoring their spouse. i will edit my last response.

 

[profiler]

I agree about the resettlement plans should be clearly explained. I was actually asking about the deliberate choice of being a non-resident because of tax purposes. How's that gonna play with the application? Re: Tax

It's a non-issue. If the person is a Canadian Citizen, they have a right to reside in Canada (that include returning to). Claiming Non-Resident status at CRA will have no bearing at all on their application (why pay tax, if you are residing elsewhere paying tax there too?? They are not using services in Canada...)

 

[CDNPR2014]

I agree about the resettlement plans should be clearly explained. I was actually asking about the deliberate choice of being a non-resident because of tax purposes. How's that gonna play with the application? Re: Tax

as profiler said, it is not an issue at all and has no impact on the application. canadians are not required to pay taxes if they are not living in canada. the spouse is a candian citizen, they have every right to live in canada regardless of their past residence and apply to bring their spouse with them.