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PR and Iqama

Shakuna

Member
Jan 23, 2018
11
1
Hi,
I’m a recent PR in Ontario via PNP. I have several inquiries and will really appreciate anyone’s help and advice.

- I am still working in Saudi Arabia and have a valid Iqama sponsored by my Employer; which I will end contract with in a couple of months.
- On the other hand, I will be getting married to a Saudi National thus will be transferring my sponsorship from THE Employer to my future husband; this will make my Iqama Valid in Saudi Arabia but not as a “Student” nor as “Worker” but as a WIFE OF A NATIONAL ( who isn’t planning to immigrate to Canada and will only be visiting via Tourist Visa).

Questions:

- Will I still be considered to have my PR status?
- Will the Iqama (residence permit) of Saudi Arabia affect my future application for The Canadian citizenship?

Thanks in advance
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Your husband will likely have difficulty getting a visitor visa to enter Canada if his wife is a PR. If you live in Canada and he works in Saudi Arabia he will still have declare his income in Canada as family income and it will be taxed. Not sure why you are pursuing PR if your husband wants to stay in Saudi Arabia,
 

Shakuna

Member
Jan 23, 2018
11
1
Your husband will likely have difficulty getting a visitor visa to enter Canada if his wife is a PR. If you live in Canada and he works in Saudi Arabia he will still have declare his income in Canada as family income and it will be taxed. Not sure why you are pursuing PR if your husband wants to stay in Saudi Arabia,
Well I was single when I applied and landed as a PR; I wasn’t expecting to get proposed to anytime soon...;)
 
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Buletruck

VIP Member
May 18, 2015
6,666
2,521
Canada won’t care. KSA might as they don’t allow dual nationality. Not sure how that would work for you. If you have no plans to live in Canada, residency obligation will be an issue for you. You will still have PR status, but would likely be reported for not meeting RO on entry (2 years in 5). Marriage and work are not compelling reasons for not meeting RO and it’s unlikely your husband would be allowed to stay the three years for you citizenship. Until you meet RO you can’t apply for citizenship.
 
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dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
Hi,
I’m a recent PR in Ontario via PNP. I have several inquiries and will really appreciate anyone’s help and advice.

- I am still working in Saudi Arabia and have a valid Iqama sponsored by my Employer; which I will end contract with in a couple of months.
- On the other hand, I will be getting married to a Saudi National thus will be transferring my sponsorship from THE Employer to my future husband; this will make my Iqama Valid in Saudi Arabia but not as a “Student” nor as “Worker” but as a WIFE OF A NATIONAL ( who isn’t planning to immigrate to Canada and will only be visiting via Tourist Visa).

Questions:

- Will I still be considered to have my PR status?
- Will the Iqama (residence permit) of Saudi Arabia affect my future application for The Canadian citizenship?

Thanks in advance

Will I still be considered to have my PR status?

As a landed PR you are now a Permanent Resident of Canada. This is an immigration status and does not indicate what your place of residence is for purposes other than immigration status.

You can only lose your Canadian PR status in very specific, limited circumstances, such as by failing to meet the obligations of a PR, or for being involved in serious criminality or supporting terrorism or such.

The obligations of a PR obviously include the obligation to actually reside in Canada. This is a rather flexible if not generously favorable to PRs requirement: 730 days in five years.

Whether the fact of having obtained PR status via the PNP process has any additional conditions, I do NOT know . . . others here are more familiar with those programs.


Will the Iqama (residence permit) of Saudi Arabia affect my future application for The Canadian citizenship?

There is NO direct impact on your status in Canada. No direct impact on qualifying for Canadian citizenship.

But of course to become a Canadian citizen you will need to make an application and provide sufficient information to Canada to establish you meet all the qualifying requirements. Including an actual physical presence in Canada requirement. Obviously, if you have a spouse who is working and living abroad, that is a strong indicator you likely spend a considerable amount of time abroad, so your case would likely be at risk for more scrutiny and longer processing, so that the Canadian government can better verify you meet the qualifications. Additionally, your status in another country can be reviewed and may invite questions about ongoing ties to that country and similarly further inquiry so the government can verify the dates you were actually in Canada.

If, however, you actually have met the requirements and can provide proof, these matters should not preclude you from successfully becoming a citizen.

It is worth noting, in this regard, that of course the grant of PR status itself, let alone the grant of citizenship, is specifically for the purpose of coming to Canada to live permanently, THUS to the extent your circumstances are inconsistent with that purpose OBVIOUSLY this is something likely to raise questions and increase the risk of more skeptical scrutiny.

The prospect of your spouse obtaining a visitor's visa to Canada is very individual specific, although in general foreign nationals NOT from a visa-exempt country can tend to incur difficulty when there are circumstances suggesting they have a reason to over-stay in Canada, like having a spouse in Canada. But he would not be precluded from obtaining a visitor's visa just because of his relationship to a Canadian. It would depend on how well persuaded the visa office is that he would comply with the terms of a visitor visa (not work in Canada, not overstay, and such).


If you live in Canada and he works in Saudi Arabia he will still have declare his income in Canada as family income and it will be taxed.
I doubt this. I not certain, but if I understand this properly, I think this is not true. At least relative to paying taxes to CANADA.


To be clear: I see this proposition or something similar repeated fairly often in this forum.

While it might merely be misleading in some respects, it appears to me that if the message is that a non-resident spouse with no Canadian source income has to pay CANADIAN taxes on his or her foreign source income, that I am fairly sure is NOT CORRECT.

I am NO expert on immigration. I am ESPECIALLY NOT an expert when it comes to Canadian tax matters.

And perhaps I am misunderstanding the message.

But this much I do know: A non-resident with no Canadian source income is not required to file a Canadian tax return and does not owe Canada any tax on his or her foreign source income. Even if the individual has a spouse who is a Canadian resident.

NOT filing a Canadian return can affect the tax credits and benefits the spouse in Canada is entitled to. Thus, it can affect the amount of taxes the Canadian-resident spouse might have to pay, but only to the extent it might preclude credits or benefits . . . but the IN-CANADA spouse does NOT have to pay any income tax on the non-resident spouse's foreign income.

In any event, I am not sure what I might be misunderstanding about the claim that non-resident spouses must pay Canadian taxes on their foreign source income. Generally, my understanding is NO, there is no tax obligation imposed on a non-resident spouse arising from the fact of having a spouse who is resident in Canada.

Edit to note: if the must declare and pay taxes observation is about having to pay taxes to a country other than Canada, my apologies. That is something I have very little familiarity with.
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Will I still be considered to have my PR status?

As a landed PR you are now a Permanent Resident of Canada. This is an immigration status and does not indicate what your place of residence is for purposes other than immigration status.

You can only lose your Canadian PR status in very specific, limited circumstances, such as by failing to meet the obligations of a PR, or for being involved in serious criminality or supporting terrorism or such.

The obligations of a PR obviously include the obligation to actually reside in Canada. This is a rather flexible if not generously favorable to PRs requirement: 730 days in five years.

Whether the fact of having obtained PR status via the PNP process has any additional conditions, I do NOT know . . . others here are more familiar with those programs.


Will the Iqama (residence permit) of Saudi Arabia affect my future application for The Canadian citizenship?

There is NO direct impact on your status in Canada. No direct impact on qualifying for Canadian citizenship.

But of course to become a Canadian citizen you will need to make an application and provide sufficient information to Canada to establish you meet all the qualifying requirements. Including an actual physical presence in Canada requirement. Obviously, if you have a spouse who is working and living abroad, that is a strong indicator you likely spend a considerable amount of time abroad, so your case would likely be at risk for more scrutiny and longer processing, so that the Canadian government can better verify you meet the qualifications. Additionally, your status in another country can be reviewed and may invite questions about ongoing ties to that country and similarly further inquiry so the government can verify the dates you were actually in Canada.

If, however, you actually have met the requirements and can provide proof, these matters should not preclude you from successfully becoming a citizen.

It is worth noting, in this regard, that of course the grant of PR status itself, let alone the grant of citizenship, is specifically for the purpose of coming to Canada to live permanently, THUS to the extent your circumstances are inconsistent with that purpose OBVIOUSLY this is something likely to raise questions and increase the risk of more skeptical scrutiny.

The prospect of your spouse obtaining a visitor's visa to Canada is very individual specific, although in general foreign nationals NOT from a visa-exempt country can tend to incur difficulty when there are circumstances suggesting they have a reason to over-stay in Canada, like having a spouse in Canada. But he would not be precluded from obtaining a visitor's visa just because of his relationship to a Canadian. It would depend on how well persuaded the visa office is that he would comply with the terms of a visitor visa (not work in Canada, not overstay, and such).




I doubt this. I not certain, but if I understand this properly, I think this is not true.


To be clear: I see this proposition or something similar repeated fairly often in this forum.

While it might merely be misleading in some respects, it appears to me that if the message is that a non-resident spouse with no Canadian source income has to pay CANADIAN taxes on his or her foreign source income, that I am fairly sure is NOT CORRECT.

I am NO expert on immigration. I am ESPECIALLY NOT an expert when it comes to Canadian tax matters.

And perhaps I am misunderstanding the message.

But this much I do know: A non-resident with no Canadian source income is not required to file a Canadian tax return and does not owe Canada any tax on his or her foreign source income. Even if the individual has a spouse who is a Canadian resident.

NOT filing a Canadian return can affect the tax credits and benefits the spouse in Canada is entitled to. Thus, it can affect the amount of taxes the Canadian-resident spouse might have to pay, but only to the extent it might preclude credits or benefits . . . but the IN-CANADA spouse does NOT have to pay any income tax on the non-resident spouse's foreign income.

In any event, I am not sure what I might be misunderstanding about the claim that non-resident spouses must pay Canadian taxes on their foreign source income. Generally, my understanding is NO, there is no tax obligation imposed on a non-resident spouse arising from the fact of having a spouse who is resident in Canada.
The Canadian spouse must declare their family income. Would make no sense for Canada to allow people to work abroad and leave their dependents who may be a stay at home mother and children in Canada. They may not have to pay the same taxes as a resident or PR but they will definitely not qualify for any form of benefits. It's family income.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
In general a spouse with all their family members in Canada will have difficulty entering Canada as a visitor so most end up getting PR if they want to visit regularly.
 

Shakuna

Member
Jan 23, 2018
11
1
Canada won’t care. KSA might as they don’t allow dual nationality. Not sure how that would work for you. If you have no plans to live in Canada, residency obligation will be an issue for you. You will still have PR status, but would likely be reported for not meeting RO on entry (2 years in 5). Marriage and work are not compelling reasons for not meeting RO and it’s unlikely your husband would be allowed to stay the three years for you citizenship. Until you meet RO you can’t apply for citizenship.
Thank you for your reply.
I am actually working and a full time student too.. so residency obligation isn’t an issue for me.
My concern is the status in Saudi Arabia will change from a worker to a wife but I won’t be living there as I’ve ties in Ontario.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
No it won't change anything. If you don't meet the residency requirement you will likely lose your status if/when you return to Canada.
 
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Shakuna

Member
Jan 23, 2018
11
1
Will I still be considered to have my PR status?

As a landed PR you are now a Permanent Resident of Canada. This is an immigration status and does not indicate what your place of residence is for purposes other than immigration status.

You can only lose your Canadian PR status in very specific, limited circumstances, such as by failing to meet the obligations of a PR, or for being involved in serious criminality or supporting terrorism or such.

The obligations of a PR obviously include the obligation to actually reside in Canada. This is a rather flexible if not generously favorable to PRs requirement: 730 days in five years.

Whether the fact of having obtained PR status via the PNP process has any additional conditions, I do NOT know . . . others here are more familiar with those programs.


Will the Iqama (residence permit) of Saudi Arabia affect my future application for The Canadian citizenship?

There is NO direct impact on your status in Canada. No direct impact on qualifying for Canadian citizenship.

But of course to become a Canadian citizen you will need to make an application and provide sufficient information to Canada to establish you meet all the qualifying requirements. Including an actual physical presence in Canada requirement. Obviously, if you have a spouse who is working and living abroad, that is a strong indicator you likely spend a considerable amount of time abroad, so your case would likely be at risk for more scrutiny and longer processing, so that the Canadian government can better verify you meet the qualifications. Additionally, your status in another country can be reviewed and may invite questions about ongoing ties to that country and similarly further inquiry so the government can verify the dates you were actually in Canada.

If, however, you actually have met the requirements and can provide proof, these matters should not preclude you from successfully becoming a citizen.

It is worth noting, in this regard, that of course the grant of PR status itself, let alone the grant of citizenship, is specifically for the purpose of coming to Canada to live permanently, THUS to the extent your circumstances are inconsistent with that purpose OBVIOUSLY this is something likely to raise questions and increase the risk of more skeptical scrutiny.

The prospect of your spouse obtaining a visitor's visa to Canada is very individual specific, although in general foreign nationals NOT from a visa-exempt country can tend to incur difficulty when there are circumstances suggesting they have a reason to over-stay in Canada, like having a spouse in Canada. But he would not be precluded from obtaining a visitor's visa just because of his relationship to a Canadian. It would depend on how well persuaded the visa office is that he would comply with the terms of a visitor visa (not work in Canada, not overstay, and such).




I doubt this. I not certain, but if I understand this properly, I think this is not true. At least relative to paying taxes to CANADA.


To be clear: I see this proposition or something similar repeated fairly often in this forum.

While it might merely be misleading in some respects, it appears to me that if the message is that a non-resident spouse with no Canadian source income has to pay CANADIAN taxes on his or her foreign source income, that I am fairly sure is NOT CORRECT.

I am NO expert on immigration. I am ESPECIALLY NOT an expert when it comes to Canadian tax matters.

And perhaps I am misunderstanding the message.

But this much I do know: A non-resident with no Canadian source income is not required to file a Canadian tax return and does not owe Canada any tax on his or her foreign source income. Even if the individual has a spouse who is a Canadian resident.

NOT filing a Canadian return can affect the tax credits and benefits the spouse in Canada is entitled to. Thus, it can affect the amount of taxes the Canadian-resident spouse might have to pay, but only to the extent it might preclude credits or benefits . . . but the IN-CANADA spouse does NOT have to pay any income tax on the non-resident spouse's foreign income.

In any event, I am not sure what I might be misunderstanding about the claim that non-resident spouses must pay Canadian taxes on their foreign source income. Generally, my understanding is NO, there is no tax obligation imposed on a non-resident spouse arising from the fact of having a spouse who is resident in Canada.

Edit to note: if the must declare and pay taxes observation is about having to pay taxes to a country other than Canada, my apologies. That is something I have very little familiarity with.
Thank you for the detailed reply.
Much appreciated.
I am full time post grad student.. I can’t travel abroad much. Might only be in summer vacations.
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
The Canadian spouse must declare their family income. Would make no sense for Canada to allow people to work abroad and leave their dependents who may be a stay at home mother and children in Canada. They may not have to pay the same taxes as a resident or PR but they will definitely not qualify for any form of benefits. It's family income.
To be clear, separate and apart from how and when particular individuals should file Canadian returns, and what information to include, including what factors can mean someone is a deemed resident even if not living in Canada, and related questions about filing and paying Canadian taxes:

Spouses file individual tax returns in Canada. One spouse does NOT and should NOT report the other spouse's income as income. AND there is no tax liability for the other spouse's income.

The other spouse's income can and indeed will have some effect on what credits or benefits an individual may be entitled to. (There is a space in the form to declare a spouse's income, but this ONLY has to do with qualifying for credits or benefits, and not about tax due for that income.) BUT it is NOT personal income. There is NO TAX to be paid on the other spouse's income.

It is entirely OK for a family to live in Canada and the parent who is the source of support for the family to live abroad and work abroad. And no member of the family in Canada will owe any tax at all for the income received by the parent abroad. Whether this makes sense or not is irrelevant. Tax codes are rule driven.

I do not know the particular factors for the PR living abroad in terms of what would make him or her a deemed resident of Canada who would owe Canadian tax on worldwide income. My strong sense is that if this is a person who clearly lives abroad, works abroad, and whose income is NOT from a Canadian source, there will be no tax owed to Canada on this income. But this depends on the particular details and tax questions tend to get both very specific and complicated when it comes to the details.
 
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keesio

VIP Member
May 16, 2012
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Toronto, Ontario
Category........
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steaky

VIP Member
Nov 11, 2008
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I believe this is the part that canuck78 is focusing on:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/spouse-non-resident-tax-status.517628/#post-6357496

A spouse in Canada is considered a significant residential tie for taxation purposes. I always assumed that this applied to Canadian citizens and PRs who live abroad with a spouse back in Canada. I never thought it would apply to a non-citizen/pr. But I am no tax expert.
While it make no sense for canuck78, this situation exist. These so called satellite families with spouse earn income abroad often pay little or none income taxes and I see at least the BC government is trying to close the loophole.
 

Exorcist

Star Member
Feb 6, 2018
99
163
Hi guys,
I arrived in Canada on July 7, 2018 and I do not get my PR card yet. Can anyone tell me what do i do now?
I have my COPR with me and when I landed, immigration officer said it takes 6-8 weeks to get the PR card but now unfortunately its my 10th week in Toronto, Canada.
Thank you