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Returning citizen with new PR..landing ?

Returning citizen with new PR..landing ?

Old Jan 15th 2010, 7:48 am
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Default Returning citizen with new PR..landing ?

Not sure how to word this..in March my husband and I and step son are going to Toronto....me as returning citizen them well ...as visitors...they do have their visas, but can't land at this time due to financial situation for another week or so.
So will immigration allow this? We are shipping our things home and so far all that is in my name, but how do I declare it when I land? They will see me and non landing hub and non landing step son, is this going to create a problem? We can't change flights so we must fly on specific date.
And what about the list of contents of things we are carring in luggage? do I produce that for all of us or just me?
They are going to flag pole within the first week, as I am doing the goods to follow list in my name, am guessing they merely need to produce their passports and papers from immigration?
Does anyone know?
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Old Jan 15th 2010, 4:54 pm
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Default Re: Returning citizen with new PR..landing ?

Hi

Originally Posted by Cdnshaz
Not sure how to word this..in March my husband and I and step son are going to Toronto....me as returning citizen them well ...as visitors...they do have their visas, but can't land at this time due to financial situation for another week or so.
So will immigration allow this? We are shipping our things home and so far all that is in my name, but how do I declare it when I land? They will see me and non landing hub and non landing step son, is this going to create a problem? We can't change flights so we must fly on specific date.
And what about the list of contents of things we are carring in luggage? do I produce that for all of us or just me?
They are going to flag pole within the first week, as I am doing the goods to follow list in my name, am guessing they merely need to produce their passports and papers from immigration?
Does anyone know?
1. Maybe I am missing something? But why wouldn't you "land" on arrival, if your citizen, I am assuming you sponsored your spouse and stepson. There is no proof of funds at "landing" for sponsored spouses and dependent children.
2. You can claim the goods as a returning Canadian if you have been away for more that a year, but no item can be worth more than $10K I believe. Your spouse should do a B4 and B4A for the goods accompanying and goods to follow.

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Old Jan 15th 2010, 5:20 pm
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Default Re: Returning citizen with new PR..landing ?

As PMM says. You don't need to provide proof of funds so there should be nothing financial for you to show or prove.

As for yourself, you complete the landing card as a returning citizen. Again, as PMM says, the immigration officer informed us when we landed (my wife is canadian returning) that no individual item of hers can be more than $10k in value otherwise you pay tax on it, or the amount about the limit.

So really they may as well land at the airport as it will make no difference whether they do it there or later.
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Old Jan 15th 2010, 6:05 pm
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Default Re: Returning citizen with new PR..landing ?

Oh I know we do not need to prove funds, in a nutshell

My husband is getting a large payout from his employer...but it won't get into the british bank acct until AFTER we get to Canada, making it taxable over there..we are trying to avoid that, if he has it BEFORE landing then no cdn tax...so can I take my husband into Canada and not have him land for another week but yet produce my goods to follow list? I'm sure at this point immigration will know we are not leaving country, will they make my husband land then and there, or will they let us wait another week?

The goods to follow is all in my name, as canadian citizen makes our life easier, so he will have no goods to follow I WILL!

I guess I wasn't clear enough with my question

Last edited by Cdnshaz; Jan 15th 2010 at 6:13 pm.
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Old Jan 15th 2010, 6:21 pm
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Default Re: Returning citizen with new PR..landing ?

Are you not going to end up paying tax on it in the UK anyway?

Under the tax treaties you cant be taxed on the same money twice anyway, so whats the difference?

Anyway, Immigration are not going to "make" anyone land I suspect. Its not an uncommon situation for people to wait to land until a later date.
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Old Jan 15th 2010, 9:58 pm
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Default Re: Returning citizen with new PR..landing ?

WE spoke to Canada inland revenue, or whatever it is called now...any money you get BEFORE landing is not taxable...how can they tax you if you are not a resident? If however you recieve it AFTER landing (you are resident then) you pay cdn tax on it.
His pension will be paid monthly, yes he will claim that as income from foreign source, he will pay UK tax on it as well.

The lump sum he has paid tax on his whole working career, so the UK will not tax it...and I dont see why Canada should be able to collect tax on something he has worked his whole life in UK for.
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Old Jan 17th 2010, 1:35 am
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Default Re: Returning citizen with new PR..landing ?

Originally Posted by Cdnshaz
WE spoke to Canada inland revenue, or whatever it is called now...any money you get BEFORE landing is not taxable...how can they tax you if you are not a resident? If however you recieve it AFTER landing (you are resident then) you pay cdn tax on it.
His pension will be paid monthly, yes he will claim that as income from foreign source, he will pay UK tax on it as well.

The lump sum he has paid tax on his whole working career, so the UK will not tax it...and I dont see why Canada should be able to collect tax on something he has worked his whole life in UK for.
Tax residence and permanent residence are not the same thing. If this is so important, why not delay the move until it is all done?
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Old Jan 17th 2010, 6:26 am
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Default Re: Returning citizen with new PR..landing ?

Unfortunately we are unable to do that...
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Old Jan 17th 2010, 2:33 pm
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Default Re: Returning citizen with new PR..landing ?

Originally Posted by Cdnshaz
Unfortunately we are unable to do that...
No such thing as "unable," generally ... 99% of the time, it really means "unwilling".

You would need professional advice to know more, but it's fairly clear that if you move to Canada with a PR visa, you become tax resident.

If you move to Canada without a PR visa, but with the intention of remaining, there is also a good chance you become tax resident.

If you "land" but do not establish residence, usually you don't become tax resident.

So with your plan, your husband might be deemed tax resident from arrival anyway.

If he is tax resident then worldwide income is taxed, subject to it being "income" in the eyes of the CRA, also subject to any special tax treaty provisions.
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Old Jan 17th 2010, 3:59 pm
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Default Re: Returning citizen with new PR..landing ?

We have to be out of house on a certain date, so we are pushed to leave at a certain time, we are hotelling it for one night but don't want the expense of paying more rent! And no inlaws to stay with as they are all dead!!

Think we might have solution will mean losing 2 weeks pay, but hubby going to push his retirement date back so he will recieve the pay out before going to Canada..he can land...no tax on it...
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