U.S. citizen applying for canadian residency.

[shahin2002]

With Greetings to all,
Im a U.S. citizen interested in applying for Canadian residency for future move to Canada, i do know that there are many different categories for migration to Canada, however my question would be :
would i be able to apply for Canadian residency as a U.S. citizen while still working in the U.S. ?
Part of the reason of becoming a resident would be that im interested in purchasing a property in the Toronto area and dont want to pay the 35% down payment and also the new non resident speculation tax of 15% of the purchase price whatever that is.... i believe that was put on place to prevent the so called Asian investors from buying the entire country and also to bring the prices down so more and more Canadian citizens would be able to afford to buy properties and as far as i know it will also include U.S. Citizens and other foreigners trying to purchase properties.
anyone knows how that law work....
thank you again everyone for reading my thread and your comments and ideas would certainly be appreciated.
.

 

[scylla]

Yes - you can apply while still working and living in the US.

 

[shahin2002]

HI,
thank you so much for your reply, thats great if like you mentioned would be possible, would i need a lawyer for applying from the U.S. or could i just down the application from the CIC website and apply myself ?
would the residency obligation still be okay with the CIC for me to be working in the U.S. and or how would that might work ?
thank you again in advance for your knowledgeable info's and would appreciate as much info as i can obtain before applying.

 

[scylla]

You can apply on your own. Your choice if you use a lawyer or not. Many don't.

To meet the residency obligation and keep your PR status you need to physically live in Canada for 2 out of every 5 rolling years. Time spent in the US won't count towards the residency obligation.

 

[shahin2002]

thanks again for the info, yes i will keep the PR status up to date as for the residency obligation, as for the application for permanent residency not sure which categories application i need to fill out since every category has its own application for residency and not even sure which category would even fit my criteria, most categories seems like its made for either rich investors and or younger generation of skilled workers that Canada may need.
im planing to purchase a property and eventually move there permanently as soon as im retired from my work here in the US, not sure if that fits any category, however if you may know which application and or category i need to look for in the CIC website would really appreciate the input.
thanks.
Email: shahin1340@icloud.com

 

[scylla]

Short answer is what you're looking for doesn't exist. There's no PR category for property ownership and no retiree category. You are correct in determining that Canada's economic immigration streams are geared towards younger skilled workers and skilled trades people - and also investors with significant capital to invest in a business in Canada. You'll need to meet the requirements of one of the programs you've read about if you want to become PR.

 

[Rob_TO]

thanks again for the info, yes i will keep the PR status up to date as for the residency obligation, as for the application for permanent residency not sure which categories application i need to fill out since every category has its own application for residency and not even sure which category would even fit my criteria, most categories seems like its made for either rich investors and or younger generation of skilled workers that Canada may need.
im planing to purchase a property and eventually move there permanently as soon as im retired from my work here in the US, not sure if that fits any category, however if you may know which application and or category i need to look for in the CIC website would really appreciate the input.
thanks.
Email: shahin1340@icloud.com

Whats your age and occupation?

In order to qualify for economic immigration (express entry) you basically need education/work experience in a skilled profession that is in demand so is eligible to apply for immigration with. Also the older you are, the more difficult it will be to get selected to apply. http://www.cic.gc.ca/english/immigrate/skilled/candidate.asp

In general Canada does not want people to apply for PR that will be retired by the time they arrive here. They want to offer PR status to younger people who will live here and contribute to the Canadian workforce for some time.

 

[shahin2002]

Short answer is what you're looking for doesn't exist. There's no PR category for property ownership and no retiree category. You are correct in determining that Canada's economic immigration streams are geared towards younger skilled workers and skilled trades people - and also investors with significant capital to invest in a business in Canada. You'll need to meet the requirements of one of the programs you've read about if you want to become PR.

 

[shahin2002]

Short answer is what you're looking for doesn't exist. There's no PR category for property ownership and no retiree category. You are correct in determining that Canada's economic immigration streams are geared towards younger skilled workers and skilled trades people - and also investors with significant capital to invest in a business in Canada. You'll need to meet the requirements of one of the programs you've read about if you want to become PR.

HI ,
thanks again for all the info's, after talking to my family members in Canada, the advice was that the easiest way for my criteria would be through common law sponsorship which also bypasses the residency obligation as long as the person being sponsored can prove continuous employment overseas.
family sponsorship is the other easy option.
as for buying property as a non resident, one of my nieces in canada will buy it for me under her name, where i can bypass the non resident laws and extra taxes.
will try to connect with a Canadian lady to see if she might be able to do this for me through common law sponsorship with benefits of course and if not will try the family sponsorship.
thank you again for all your help and provided infos.
cheers.

 

[shahin2002]

Whats your age and occupation?

In order to qualify for economic immigration (express entry) you basically need education/work experience in a skilled profession that is in demand so is eligible to apply for immigration with. Also the older you are, the more difficult it will be to get selected to apply. http://www.cic.gc.ca/english/immigrate/skilled/candidate.asp

In general Canada does not want people to apply for PR that will be retired by the time they arrive here. They want to offer PR status to younger people who will live here and contribute to the Canadian workforce for some time.

HI,
thanks again for your reply, well my friend i already know about the different Canadian categories, have been to Canada many times for family visits, i dont really need a Canadian residency, i can go to Canada anytime with a US passport and stay a long time, the only reason i was trying to become a resident was to be able to purchase property without having to go through the headaches of non residents getting ripped off by Canadian banks with 35% down payment and by its government trying to tax non residents 15% of the total price just because they are not residents, well ive already solved that problem of buying property, my niece in Toronto will buy it for me under her name which will bypass me from getting ripped off as non resident by the banks and the government.
as for answering your question my friend im 55 years of age, planing to retire in the next 4 to 5 years, im in the digital printing industry and have been working for the same company for the past 32 years here in Los Angeles, im already established in Canada, have most of my family members in Canada, and they can always sponsor me in to Canada no matter of age and or retirement .
i think the easiest category for me would be through common law sponsorship and or family sponsorship should i decide to go for it, for now i will be looking to see if i could connect with a Canadian lady as common law partner of course with benefits whom might be able to sponsor me for residency.
thanks again for your input and would appreciate your comments and inputs.
cheers.

 

[scylla]

HI ,
thanks again for all the info's, after talking to my family members in Canada, the advice was that the easiest way for my criteria would be through common law sponsorship which also bypasses the residency obligation as long as the person being sponsored can prove continuous employment overseas.
family sponsorship is the other easy option.
as for buying property as a non resident, one of my nieces in canada will buy it for me under her name, where i can bypass the non resident laws and extra taxes.
will try to connect with a Canadian lady to see if she might be able to do this for me through common law sponsorship with benefits of course and if not will try the family sponsorship.
thank you again for all your help and provided infos.
cheers.

Tread carefully. If your common law relationship isn't genuine and has been entered into primarily for the purposes of immigrating to Canada - you'll be looking at a refusal + a five year misrepresentation ban from Canada. Additionally, to qualify as common law, you'll need to physically live together for at least one year continuously first. If you haven't lived together for a full year - you're not common law.

Also, whoever told you that common law sponsorship bypasses the residency obligation through continuous employment overseas is incorrect and doesn't understand Canadian immigration laws. I would avoid taking any of their advice in the future.

You don't qualify for family sponsorship. Your niece cannot sponsor you for PR.

 

[scylla]

have most of my family members in Canada, and they can always sponsor me in to Canada no matter of age and or retirement .

Only the following family members can sponsor you for PR: one of your children (provided they meet the income requirements), a spouse, or a common law partner (which again requires you to live with that person continuously for at least one year before you apply).

 

[Rob_TO]

i can go to Canada anytime with a US passport and stay a long time

With every entry to Canada, you must still act like a visitor. If you start to enter Canada more frequently and for longer stays each time, eventually it may get to a point where CBSA feels you are attempting to "live" in Canada. If this happens, you could be denied entry on any random visit and given a temporary ban from entering again. You must always maintain a residence in the USA and continue to make USA your primary residence for the rest of your life.

the only reason i was trying to become a resident was to be able to purchase property without having to go through the headaches of non residents getting ripped off by Canadian banks with 35% down payment and by its government trying to tax non residents 15% of the total price just because they are not residents, well ive already solved that problem of buying property, my niece in Toronto will buy it for me under her name which will bypass me from getting ripped off as non resident by the banks and the government.

Does she need to qualify for a mortage? Does she understand the impact to her credit file and future limitations on getting loans of any kind if she purchases the property? If she buys the property, it will be her property and not yours. As long as you don't mind your name will not be associated with the home that is fine.

as for answering your question my friend im 55 years of age, planing to retire in the next 4 to 5 years, im in the digital printing industry and have been working for the same company for the past 32 years here in Los Angeles

Unfortunately I don't think you would qualify for any economic immigration programs.

and they can always sponsor me in to Canada no matter of age and or retirement .

Not quite. The only family that can sponsor you is a spouse/common-law partner, or children that meet the income requirements. No other family members can sponsor you for PR.

for now i will be looking to see if i could connect with a Canadian lady as common law partner of course with benefits whom might be able to sponsor me for residency.

Common-law means you have lived with someone as boyfriend/girlfriend for 12 consecutive months in the same home, and can prove you have a shared life, shared finances, and friends/family are all aware of the relationship.

If you are suggesting entering into a relationship simply to get immigration status then separating immediately after, and possibly paying someone to help you with this, that is flat out fraud and in some cases is a criminal offense.

 

[shahin2002]

Tread carefully. If your common law relationship isn't genuine and has been entered into primarily for the purposes of immigrating to Canada - you'll be looking at a refusal + a five year misrepresentation ban from Canada. Additionally, to qualify as common law, you'll need to physically live together for at least one year continuously first. If you haven't lived together for a full year - you're not common law.

Also, whoever told you that common law sponsorship bypasses the residency obligation through continuous employment overseas is incorrect and doesn't understand Canadian immigration laws. I would avoid taking any of their advice in the future.

You don't qualify for family sponsorship. Your niece cannot sponsor you for PR.

I think you may have misunderstood me, my niece is just going to purchase the property for me and that was the main reason for me trying to become a resident, but now since i can bypass the non resident requirements as for buying a property i really dont need a canadian residency, the US passport does the job for whenever i need to enter canada, probably wont go for the common law sponsorship and make myself any headaches, just rather have a clean record for entering canada.
as for the bypassing the residency obligation it only applies to common law sponsorship where the person being sponsered is holding on to a continuous full time employment will be allowed to stay out of canada while at his job as long as he can show proof of employment , specially if the job is in the US where CIC could ask to provide employment verfication and also tax records from previous years. now this information was given to me by a CIC immigration officer while visiting the CIC office in toronto last year, i even double checked with the officer again and he did confirm that with proof of employment and also copies of tax returns while working outside of canada would keep the PR status valid as i was told.
thanks.

 

[scylla]

as for the bypassing the residency obligation it only applies to common law sponsorship where the person being sponsered is holding on to a continuous full time employment will be allowed to stay out of canada while at his job as long as he can show proof of employment , specially if the job is in the US where CIC could ask to provide employment verfication and also tax records from previous years. now this information was given to me by a CIC immigration officer while visiting the CIC office in toronto last year, i even double checked with the officer again and he did confirm that with proof of employment and also copies of tax returns while working outside of canada would keep the PR status valid as i was told.
thanks.

Nope - not how it works. Unfortunately you've misunderstood residency obligation rules. The loop hole you've described doesn't exist.

There's no way to bypass the residency obligation for PR. There are, however, situations that allow you to count time outside of Canada towards the residency obligation. They are:

1) Your Canadian citizen spouse/common law partner is physically living with you outside of Canada for the entire time.
2) You were hired for a full time job in Canada by a Canadian employer and then after working at that job for a while you were transferred to a role (with the same company) outside of Canada. This scenario has very specific requirements that need to be met to qualify and a significant amount of evidence needs to be provided to prove someone meets the requirements. For example, setting up your own company in Canada and then transferring yourself to a job outside of Canada obviously doesn't work. It needs to be a real, established company with Canadian operations that first hires you for a real job in Canada - and which then later transfers you outside of Canada.

You can confirm what I've said directly on the CIC web site: http://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=727&top=4

BTW: CIC doesn't have offices you can visit in person for advice (so not sure who you spoke to). All it has is the call centre which you can only contact by phone - but they give absolutely horrific (often wrong) advice and should be avoided. Added Note: Maybe you spoke with CBSA at a border crossing or airport? CBSA is not CIC and doesn't have a firm understanding of immigration rules. You shouldn't be relying on them for immigration advice.