Returning Resident questions, please help..

[Vanitas]

Hi,
Your advise will be highly appreciated.
My daughter and I have PR Visa but we have been out of Canada for long time and it will be 3 years now in November. We arrived August 14, 2012 and left November 26, 2012. That made our stay 3.5 months.
In this time being outside of Canada, I got married to my 2nd husband and gave birth to my 2nd child (they dont have Visas). Now, I dont want to lose mine and my 1st daughter's visa so I plan to go back next month so we can still be able to meet the required 2 years residency obligations.. (I hope I am correct, that the 3.5 months stay that we lived there before can still be counted as part of the 2 years requirement.

My questions:
1. Can I sponsor my husband and my 2nd child right away once we get back to Canada? or we need to stay first for a 2-year straight before I can sponsor them?
2. I dont know why but There was no immigration stamp on our passport when we did our exit in Canada, and so it does not show the date of our departure. Is it normal? Can still CIC or the immigration know that we left on November of 2012?

Thank you in advance

 

[Leon]

The 3.5 months stay in 2012 is still counted as a part of the 2 years requirement.

When you enter, make sure you tell the immigration officers that you have not yet been outside Canada for 3 years and do not plan to spend any time outside Canada until you have met the RO of 2 years.

Since you are not in breach of the RO, you can apply to sponsor your husband and second child right away. However, even though there is no specific financial requirement, you should still show that you have the means to survive without ending up on welfare so it would be better if you already have a job when you apply.

Canada does not do exit stamps but they still seem to know in many cases when people left or at least they can find out if they investigate.

 

[Vanitas]

Thank you so much Leon..

I have another question concerning sponsorship for my 2nd child..
The time I entered Canada, I was already 6 weeks pregnant with my 2nd child, but I only learned about that was when we are already a week after we arrived in Canada.. Will this not create problem (I really hope not) on the sponsorship since I was already pregnant with her prior to my entry but did not inform the CIC immediately and even until now?

This is the timeline:
end of March, 2013 (gave birth in my country)
August 14, 2012 (arrival) to November 26, 2012 (left) - Canada
January 2012 - the time I was granted the Visa

Thank you..

 

[Leon]

Thank you so much Leon..

I have another question concerning sponsorship for my 2nd child..
The time I entered Canada, I was already 6 weeks pregnant with my 2nd child, but I only learned about that was when we are already a week after we arrived in Canada.. Will this not create problem (I really hope not) on the sponsorship since I was already pregnant with her prior to my entry but did not inform the CIC immediately and even until now?

This is the timeline:
end of March, 2013 (gave birth in my country)
August 14, 2012 (arrival) to November 26, 2012 (left) - Canada
January 2012 - the time I was granted the Visa

Thank you..

It will not cause a problem because you are not required to inform immigration that you are pregnant unless you want to delay your landing until you have the baby. If this was reversed, that is you'd had the baby in your home country without informing immigration before landing and then landed after that, you would have a problem.

 

[Vanitas]

Many, many thanks Leon!. All the best!.

 

[Vanitas]

Hi Leon,
Sorry to bother you again, but I badly need your enlightenment regarding my further situation.
When me and my daughter entered Canada (we settled in Alberta), I think all important things that we need as a new immigrant have been completed. I rented an apartment, apartment insurance, electricity, phone-cable and internet services, purchased some appliance. TIN and Health Cards (for me and daughter), bank account, enrolled daughter to school, worked a (casual) job, and applied for benefits such Child Tax Benefit and Child Care Subsidy...
But due to my unexpected pregnancy, it was really hard for me to take care of all things, so on the 2nd month, I decided for us to leave..
When we left, I cancelled and cleared all EXCEPT:
1. our TIN Cards
2. our Health Cards - this was used only during the time that I was going to pre-natal check-ups. I informed the clinic that we are going back to my country, so they provided for me a Travel Clearance, and they also gave to me the records I had with them. But I have not notified the Health Care.
3. my Bank Account (it expired last July 2015)
4. my casual job - I worked here for only about a month, but I resigned by calling the supervisor over the phone that I am quitting. And when I arrived in my home country, I as well send a Resignation email to the HR. She only replied asking for my residential address in my country, so the Accounting Coordinator could send the paystub and ROE (I don't know what is ROE). I gave to her my address, but there's was no mail/post that came.
5. Child Care Subsidy - I claimed this benefit for about 2 months when my daughter was in the school. So the Child Care Center was free. This center was also within the school. Few days before we left, I informed the school and so the Principal gave us a School Clearance letter for the purpose if in case, the airport ask why we are travelling during a school year. Her school documents were also given to me so I can transfer her immediately in the same grade once we arrive in my country. But for the agency in charge of this benefit, I am not sure as I can't remember anymore if I send them a letter to notify them that we are leaving. I cannot check this in my email since all was postal before.
6. Child Tax Benefit - I have not received an approval letter, but I am sure that this was approved because, the time we went back in my country, I started to receive $2++ amount into my bank account. This monthly amount came in for about 2 or 3 times only and then it stopped. I am aware of the deposit since I can check whats happening on my account via internet. Problem is, I withdraw the money on my account by money transfer to Western Union when time came that I was financially down 2 years ago.

MY QUESTIONS:
1. What will be the implications of these things to my situation, since I will be moving back again to Canada? I am afraid that I will be questioned or even punished for these having not clearing these things out when I left. Especially the Child Tax Benefit.
2. Will these affect our residency or the sponsorship that I intend to apply in the future for my husband and my younger daughter?
3. I was living before in Alberta and now I am planning that we go to Ontario. What shall I do with regards to my Health Card and my TIN Card?
4. Regarding Tax, I worked for about a month only, and on the paystubs, the deduction for the tax were also shown. But since I quit and left and till now, I have not payed the tax that I need to pay, what will be the implications?
5. My bank account - it sure was below the required minimum amount when it was still valid, so it was deducting a charge every month. And also, it was not closed not only until it expired last July 2015. Will this create a negative impact on my residency? -- By the way, I do not have any debts in Canada. I was actually issued a credit card by the same bank before even though I did not ask for it. But I did not activate it and before we left, I even filed a Form to cancel the credit card so to make sure that it will not make an annual charge.

I am so sorry for this very long letter Leon, but Thank you very much in advance... I really do hope that I can still be able to settle there with only not-so-complicated things to worry about..

 

[Leon]

1. You should have notified AB health that you left but since you didn't, you can just leave it at that. You need to notify CRA too about when you left and that you forgot to notify them at the time and you might have to pay back the money you received after you left.

2. No, these things will not affect your sponsorship.

3. Assuming you mean SIN cards, the SIN is valid no matter in what province you got it so you can keep using them regardless of moving to Ontario. OHIP has a 3 month waiting period before you get covered and if you were moving straight from AB, your AB health cards would cover you, however, in your shoes, I would not use the AB health cards because you left AB for more than 6 months and are therefore not eligible for AB health anymore and using the cards now would be considered health care fraud.

4. You are supposed to file your taxes every year in the beginning of the year but you can still do that now. You can get an accountant to do it for you. Your employer already deducted taxes from your salary so you shouldn't owe any money because of that.

5. You should have closed the bank account if it was deducting a charge every month. If there was enough money in the account to cover this, your account will still be in good standing and you can re-activate it and get a new card. Otherwise, you may now owe money to the bank and you need to clear that or it will show up on your credit history.

 

[Vanitas]

Thank you very much Leon!.. God bless you!.