Hi David,
We spoke tuesday, august 9, on the phone about the tax implications of a
US citizen marrying a Canadian and living in Canada while working tin
the US. One of the questions that came up was whether or not I can
still commute to work in the US if my wife sponsors me to live in
Canada. Here is a recap of the the situation -
I am a US Citizen, currently live in the Niagara Falls area in New York and
file as self-employed.
My fiance is a Canadian citizen, living in Guelph attending
graduate school at the University of Guelph for two years. Her only
income for that two years would be from working as a teaching assistant
~$8000-$10000 cdn.
If we were to marry, can she sponsor me to live in Canada? If she did
so, would I still be able to cross the US-Canadian border to commute to
work?
-----------------------------
david ingram replies:
I asked about a dozen professional immigration attorneys and consultants
about this last night. No one thought there was a problem but I had a
nagging feeling.
I went back through my own emails and came across this one. Donald Cameron
is a former Canadian Consul who is now in private practice.
His warning is an old one "before" the policy was changed (on February 18,
2005) to make it far easier to sponsor a spouse.
A call of my own to the border today received no policy statement so the
answer was not "no".
A room full of immigration people did not come up with anyone who knew of
someone being stopped from re-entering Canada.
As you remember, I was unsure so there is always a possibility that you
could be stopped.
However, the general feeling was that it would never happen.
following is the total of an old question to give you an idea of how the
answer developed. Donald Cameron's contact information is included and you
may want to talk to him as well.
Donald Cameron gives the definitive answer to this after my comments
ingram
-----Original Message-----
From: Donald Cameron [mailto:canvisa at telus.net]
Sent: Wednesday, August 06, 2003 6:10 PM
To: taxman at centa.com
Subject: Re: Wife in Vancouver, British Columbia and disabled -
Husband in Texas has never been to Canada
At 08:34 AM 6/8/03, you wrote:
Dear Mr Ingram,
I am writing you again, to ask your advice. I was married in July of this
year, and my spouse is still living in Texas. I am residing in BC, as I
need medical attention, and am on long term disability., and therefore must
be able to see my Dr.'s.
My husband has never been to BC and as a result, would like to come up and
visit... before we decide on my sponsoring him into Canada for a Permanent
Residence status. I feel that it would be better for both of us, if he was
here.. before we start that process, IF that is what we decide.
I guess my question is, WOULD that be alright to start the application after
he is here, and while he is visiting?
Thanking you in advance.. XXXXXXXXX
----------------------------------------------------------------------------
----
David Ingram replies:
It is fine for your husband to come to Canada to visit you. You are not
alone. A major source of new business in this office is Canadians returning
to Canada when their US medical runs out. In the US, 20% of the people have
a better medical than Canada but if they lose their job or change jobs,
pre-existing conditions are not usually covered. Therefore, if a wife
develops breast cancer or the husband has a heart murmur or either of them
come down with Crohn's Disease, these conditions are not covered and they
look at their situation and realize that if something happens, they will
lose their house and they quit and come back to Canada.
As a consequence, it is not unusual for us to have a wife in Edmonton and a
husband living and working in Palm springs or the wife in Montana and the
husband in Calgary.
Since you do not "KNOW" that you are going to sponsor your husband into
Canada, it would be fine for him to visit. If you then decide you want to
sponsor him, you could then apply from within Canada.
Go to http://www.cic.gc.ca/english/applications/index.html
The forms you will need (there will be others as well including a receipt)
to start off with are:
1344 A
1344 B
5285
5406
5443
5476
5481
Get these going and you have a start.
If you need some help, we are here - for a fee of course.
david ingram - taxman at centa.com
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - (604) 913-9123 www.centa.com
Cell is (604) 657-8451 (10 AM to 10 PM seven days a week)
US/Canada Real Estate Taxation Specialists
US / CANADA / MEXICO
Working Visa and Income Tax Specialists
Disclaimer: This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing in
this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and any
and all non-contractual duties are expressly denied. All readers should
obtain formal advice from a competent and appropriately qualified legal
practitioner or tax specialist in connection with personal or business
affairs such as at www.centa.com. If you forward this message, this
disclaimer must be included."
Be ALERT, the world needs more "lerts"
David,
There are two options for the wife in Vancouver to assist her American
husband to obtain Permanent Resident status in Canada.
The first is to sponsor him at the Vegreville Case Processing Centre in the
Spouse/Partner in Canada Class to adjust his status from Temporary Resident
to Permanent Resident from within Canada and the second is to sponsor him at
the Mississauga Case Processing Centre in the Family Class for processing
for a Permanent Resident Visa at the Canadian Visa Office responsible for
the U.S. - the Canadian Consulate in Buffalo, New York.
The circumstances of the case will determine which option is preferable but
among the serious consequences of choosing the wrong option are 1) a
determination by an Immigration Officer at a Port of Entry to Canada that
the American husband no longer falls within the Spouse/Partner in Canada
Class because he left Canada during the processing of the application and 2)
no right of appeal to the Immigration Appeal Division if the American
husband's application in the Spouse/Partner in Canada Class is not
successful.
Phoning the Citizenship & Immigration Class Centre to ask about these
options produces startling misinformation and the more times you call with
the same questions, the more imaginative their answers become.
Regards,
Don
Donald Cameron
708 North Tower, Oakridge Centre
650 West 41st Avenue
Vancouver, BC
Canada V5Z 2M9
Telephone: (604) 303-9992
FAX: (604) 303-5844
E-mail: canvisa at telus.net
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