Sponsoring parents while working for a US company remotely

[randomuser749]

I sponsored my parent's PR application last year in PGP category. It's currently "In Process" since Jan 2020 and we are still waiting for medical request for them. Meanwhile, I recently got a job offer from a US company where I can currently work from Canada but expected to move to US eventually. I'm trying to figure out the payroll situation but I expect that payroll will be generated from US in USD.

I understand that I have be meeting the sponsorship criteria when my parents become permanent residents and hence cannot relocate to US till then at all. But can I work for the US company if I declare my income in Canada and pay appropriate taxes to CRA on that? Can this cause adverse effect on my parent's case?

Also, typically, how long does the PGP PR application take? I know COVID-19 has thrown a wrench in everything but curious about numbers before that. Can I reasonably expect it to finish, say, by Jul 2021 if processing resumes as it seems to have? My VO is London, if it matters.

 

[Bs65]

According the processing time link average 20-24 months but with COVID suspect could be longer others can comment on that

https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html

 

[randomuser749]

Yes I saw the IRCC processing times but I was curious about actual experiences. As I understand, the processing times vary greatly by Visa Office (London for me) and country of origin (Pakistan). I'll try to get some data from the 2018 google doc.

 

[screech339]

Yes I saw the IRCC processing times but I was curious about actual experiences. As I understand, the processing times vary greatly by Visa Office (London for me) and country of origin (Pakistan). I'll try to get some data from the 2018 google doc.

You are expected to remain in Canada until your parents landed as PR. However even if you accepted your US job and remotely work in Canada, that is a problem, since IRCC only accepts income from Canadian sources to be counted toward income qualification. Your US income will not count toward PGP income requirement and thus you could fail the requirement and thus your parents can get denied PR.

 

[randomuser749]

I did some more research and it seems it's a bit murky. Quoting the "Inland Processing" manual for Family Class Sponsorship

As a rule, financial resources must originate from Canadian sources. An officer can, however, consider income received from foreign sources if it was declared by the sponsor to the Canada Revenue Agency (CRA) and appears on their Notice of Assessment (NOA). It is important to note that income abroad may not be a reliable indicator of future or stable employment in Canada. IRCC staff cannot easily verify if foreign income can be transferred to Canada and converting foreign income into Canadian dollars can be resource-intensive. In cases of default, collection and litigation, it is easier to recover income from Canadian sources.

Sponsors who commute from Canada to work in the U.S.A. can use their U.S. employment income provided it is declared as income to the CRA and appears on their NOA.

In my situation (if I decide to accept the offer), I'll be working from home/Canada but income will come from a foreign source. I, of course, was planning to declare it and pay taxes but I'm not sure how Case Processing officer will perceive it.

By the way any idea how often the officers pull your income info? For 2020 tax year, my Canadian source income will comfortably cover the income requirements. It's only when I have to pay taxes for 2021 year in 2022 that I MIGHT face above situation. But manual also says:

The officer is advised to:

• verify information received with reliable sources
• where necessary, request that the sponsor provide additional information

So an officer, in theory, can ask for proof of income at any time but has any on this forum ever experienced that?

 

[canuck78]

The whole point of PGP is family reunification. The fact that taxpayers will be paying for your parents helathcare while you work in the US and don't pay Canadian taxes is ridiculous.

 

[goldfinger]

I would feel a little funny sponsoring someone in Canada with the intent to move to the U.S.A.

 

[randomuser749]

I understand your point and partially agree with it. I have been paying taxes here, will continue to pay taxes, and also have siblings in Canada who pay taxes. FWIW, intention is to continue WFH as long as I can and move to US, if any, will be temporary (1 year, 2 at max) exactly because my parents/siblings will be in Canada (family reunification), and that's where I want my kids to grow up. But if I was in your position, I'll also be judging myself harshly.

 

[goldfinger]

I understand your point and partially agree with it. I have been paying taxes here, will continue to pay taxes, and also have siblings in Canada who pay taxes. FWIW, intention is to continue WFH as long as I can and move to US, if any, will be temporary (1 year, 2 at max) exactly because my parents/siblings will be in Canada (family reunification), and that's where I want my kids to grow up. But if I was in your position, I'll also be judging myself harshly.

I’d be a little worried about it being considered fraudulent? The application asks if you reside in Canada and in no other country, and they say if you reside outside of Canada you have to reside *exclusively* outside of Canada and plan to return. I’d be seriously worried about jeopardizing my status or getting in trouble.

 

[Copingwithlife]

I understand your point and partially agree with it. I have been paying taxes here, will continue to pay taxes, and also have siblings in Canada who pay taxes. FWIW, intention is to continue WFH as long as I can and move to US, if any, will be temporary (1 year, 2 at max) exactly because my parents/siblings will be in Canada (family reunification), and that's where I want my kids to grow up. But if I was in your position, I'll also be judging myself harshly.

Then have one of your siblings go thru the sponsorship then if they are here in Canada and paying taxes as you pointed outta
Problem solved
Voila !

 

[Copingwithlife]

I did some more research and it seems it's a bit murky. Quoting the "Inland Processing" manual for Family Class Sponsorship



In my situation (if I decide to accept the offer), I'll be working from home/Canada but income will come from a foreign source. I, of course, was planning to declare it and pay taxes but I'm not sure how Case Processing officer will perceive it.

By the way any idea how often the officers pull your income info? For 2020 tax year, my Canadian source income will comfortably cover the income requirements. It's only when I have to pay taxes for 2021 year in 2022 that I MIGHT face above situation. But manual also says:


So an officer, in theory, can ask for proof of income at any time but has any on this forum ever experienced that?

You’re applying for a program in which you want to bring your parents to Canada to LIVE, not visit , but LIVE. Of course the Government can ask for supporting documents on the information you gave . If you’re worried they will, then you probably already know the answer
It’s like filing a tax return . It’s self assessment. At anytime the Government can say “ You claimed this & this “, now prove it

 

[goldfinger]

I’d be a little worried about it being considered fraudulent? The application asks if you reside in Canada and in no other country, and they say if you reside outside of Canada you have to reside *exclusively* outside of Canada and plan to return. I’d be seriously worried about jeopardizing my status or getting in trouble.

I guess I should say this - if this was me, I wouldn’t invite this ambiguity. I’d either withdraw the application or refuse the offer. That being said, this is a gut response and I have no clue what the law is, but like... I’d be peeing my pants if I had to make sense of this to an IRCC officer.

 

[canuck78]

I understand your point and partially agree with it. I have been paying taxes here, will continue to pay taxes, and also have siblings in Canada who pay taxes. FWIW, intention is to continue WFH as long as I can and move to US, if any, will be temporary (1 year, 2 at max) exactly because my parents/siblings will be in Canada (family reunification), and that's where I want my kids to grow up. But if I was in your position, I'll also be judging myself harshly.

Why will you be paying taxes in Canada if you work in the US? Even if you do have to pay Canadian taxes it will be US taxes first. Paying taxes usually covers your family costs and doesn’t even cover your parents costs. Given that we can’t care for our existing seniors which I already knew but became evident to everyone during covid this program makes no sense. Other countries don’t offer full access to healthcare for parents so easily Sorry for the rant but waited 10 months for an MRI and it wasn’t delayed due to covid.