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special provision - Mr. Miller attention PLS

special provision - Mr. Miller attention PLS

Old Nov 4th 2004, 3:32 pm
  #1  
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Default special provision - Mr. Miller attention PLS

Dear Mr. Miller,

Somewhere I read the following story:

--------------------------------------------
Before your goods can qualify for duty- and tax-free importation as settler’s effects, you must have owned, possessed, and used them before you arrive in Canada.

Some countries limit the amount of money you can take out of the country. If you can prove that the money you wish to take out of that country has been restricted, you can claim a special provision that gives you up to three years to purchase household goods in the country from which you emigrated and to ship them to Canada duty and tax free. This provision waives the usual rule on previous ownership, possession, and use of your goods.
--------------------------------------------
1- Does it mean, If someone has that condition, plus the items in his list of goods to follow, is still allowed to purchase new stuff and import into Canada?
2- If yes, up to what limit?
3- is there any list, where I can find out which countries are in.
4- How to prove the country has thay limitation?
5- What if the couple are from 2 different countries (one with limitation and the other without) , then how does the law work on this case?

Thanks
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Old Nov 4th 2004, 3:54 pm
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Default Re: special provision - Mr. Miller attention PLS

I can't comment on something you only "read somewhere", sorry. Provide the link to the rule you read first please.


Originally Posted by Raska
Dear Mr. Miller,

Somewhere I read the following story:

--------------------------------------------
Before your goods can qualify for duty- and tax-free importation as settler’s effects, you must have owned, possessed, and used them before you arrive in Canada.

Some countries limit the amount of money you can take out of the country. If you can prove that the money you wish to take out of that country has been restricted, you can claim a special provision that gives you up to three years to purchase household goods in the country from which you emigrated and to ship them to Canada duty and tax free. This provision waives the usual rule on previous ownership, possession, and use of your goods.
--------------------------------------------
1- Does it mean, If someone has that condition, plus the items in his list of goods to follow, is still allowed to purchase new stuff and import into Canada?
2- If yes, up to what limit?
3- is there any list, where I can find out which countries are in.
4- How to prove the country has thay limitation?
5- What if the couple are from 2 different countries (one with limitation and the other without) , then how does the law work on this case?

Thanks
Andrew Miller is offline  
Old Nov 4th 2004, 5:30 pm
  #3  
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Default Re: special provision - Mr. Miller attention PLS

Dear Mr. Miller:

here is the link:

http://www.cbsa-asfc.gc.ca/E/pub/cp/.../rc4151-e.html


you can find the story under the title " Is exporting your money restricted? "


Thanks
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Old Nov 4th 2004, 6:20 pm
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Default Re: special provision - Mr. Miller attention PLS

Thanks for the link. I'm not an expert in customs and import/export rules but the statement seems quite clear. The only problem I see here as for your original question is that you probably won't be able to "shop" for the country - you are either moving to Canada from the country with currency transfer restrictions or you are not. And it is for you to check with authorities in your country if you can take your money from there to Canada without any restrictions or not. And if there are restrictions then you will have to document it to Canadian customs when claiming mentioned provision.

And you won't have a choice of countries either - if you have money in the country without restrictions, but your spouse is residing in the country with restrictions then you probably can't use it to claim the provision. Also it is safe to assume that you will have to prove how much money you have left in the country with restrictions, so you won't try to abuse said provision.

But again - I'm not an expert in customs rules and I strongly advise seeking help of a professional in Canadian customs rules before you make any assumptions and decisions.


Originally Posted by Raska
Dear Mr. Miller:

here is the link:

http://www.cbsa-asfc.gc.ca/E/pub/cp/.../rc4151-e.html


you can find the story under the title " Is exporting your money restricted? "


Thanks
Andrew Miller is offline  
Old Nov 4th 2004, 9:43 pm
  #5  
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Default Re: special provision - Mr. Miller attention PLS

Mr. Miller,
Thanks for your clarifications. I’d appreciate if you could comment on the followings too.

Let’s put the things it in this way,
Imagine, we are from countries where there is a currency transfer restrictions.

1- How should we prove that? I mean where should I go to and which place I should ask for this? Since I had a situation like this before, and I was told by police that they never endorse the law for me. So what can I do?

And imagine, after having the proof, when we land in Canada:

2- How should we claim this special provision? Is there any sort of forms to fill or any letter we may receive from the customs officer? (I haven’t seen anywhere talking about that)
3- And still I don’t understand if there is any limitation with the stuff I can purchase and import.

And based on this special provision, then does it mean:

4-We don’t need to prepare any list of goods to follow? (Since that lists includes the stuff we already have, but this special provision provides us with a right to purchase the goods after landing in Canada)
5-Or, maybe we should have the “List of goods to follow” PLUS this special provision.

And the thing still I don’t understand is, when I can prove that “exporting my money is restricted”, does it mean I may be exempted from providing settlement funds too? I mean, then how can I have restriction on exporting my money and having so much cash in my pocket when entering Canada (considering the fact that restriction may force me to carry cash).

Thank you in advance.
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Old Nov 5th 2004, 3:20 am
  #6  
 
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Default Re: special provision - Mr. Miller attention PLS

It is not the police in your country you need to ask - it is your bank or finance ministry. Official letter stating that currency transfer abroad is not possible (even for emigrants) will be your proof. There are countries like India for example where there is restriction but one can get official permit for transfer (like for paying invoices, etc.) from Bank of India as well as those emigrating are allowed to transfer their money (I'm not sure about details though) and there are countries which don't allow any kind of transfer. You won't be able to use provision if you are from India or other country that has similar rules.

Nothing (except getting points in Arranged Employment factor) will waive the requirement for settlement funds. The provision you are talking about is part of custom rules, not immigration rules and it has no impact on immigration requirements.

Again - ask customs expert about details of said provision.




Originally Posted by Raska
Mr. Miller,
Thanks for your clarifications. I’d appreciate if you could comment on the followings too.

Let’s put the things it in this way,
Imagine, we are from countries where there is a currency transfer restrictions.

1- How should we prove that? I mean where should I go to and which place I should ask for this? Since I had a situation like this before, and I was told by police that they never endorse the law for me. So what can I do?

And imagine, after having the proof, when we land in Canada:

2- How should we claim this special provision? Is there any sort of forms to fill or any letter we may receive from the customs officer? (I haven’t seen anywhere talking about that)
3- And still I don’t understand if there is any limitation with the stuff I can purchase and import.

And based on this special provision, then does it mean:

4-We don’t need to prepare any list of goods to follow? (Since that lists includes the stuff we already have, but this special provision provides us with a right to purchase the goods after landing in Canada)
5-Or, maybe we should have the “List of goods to follow� PLUS this special provision.

And the thing still I don’t understand is, when I can prove that “exporting my money is restricted�, does it mean I may be exempted from providing settlement funds too? I mean, then how can I have restriction on exporting my money and having so much cash in my pocket when entering Canada (considering the fact that restriction may force me to carry cash).

Thank you in advance.
Andrew Miller is offline  
Old Nov 5th 2004, 11:32 am
  #7  
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Default Re: special provision - Mr. Miller attention PLS

Thank you Mr. Miller. Today I sent an e-mail to customs in Vancouver. As soon as i get the reply, i'll update this post for public notice.

Thanks again.
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