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Time limit to land as settler with goods lists?

Time limit to land as settler with goods lists?

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Old Sep 17th 2019, 1:46 pm
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Default Time limit to land as settler with goods lists?

Not fir us, but someone I know did a soft landing then returned 18 months later to land as settler and move permanently and had her goods to follow list refused. The CBSA officer said she should have done this either with the soft landing or certainly within 1 year of this.

I have read carefully through the official CBSA document and while I can certainly find the paragraph that draws a distinction between landing for pr and landing as settler and that the GTF list applies when landing as settker, nowhere does it mention any time limit between tge two events.

So is it true tgat no more than 12 months can elapse between a soft landing and landing as settler as regards GTF lists?
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Old Sep 17th 2019, 10:00 pm
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Default Re: Time limit to land as settler with goods lists?

Once you do the landing as a settler ie complete the B4 and supply list of goods to follow there is no time limit when those goods are imported unless coming from a country that has blocked currencies which has a 3 year period.

This is the D Memo that would apply to most

https://www.cbsa-asfc.gc.ca/publicat...2-2-1-eng.html

This would apply to blocked currencies

https://www.cbsa-asfc.gc.ca/publicat...2-2-2-eng.html

Why most BSO's don't know this is beyond my comprehension
From D2-2-1

10. As an example, a person can become a permanent resident without the intention of residing immediately in Canada. However, this person is not determined to be a settler as defined in the customs legislation, and be eligible for the provisions of tariff item No. 9807.00.00. In this case, since the person does not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time, that person is considered a non-resident of Canada and not a settler, for the purpose of the Customs Tariff, and is eligible to temporarily import goods under tariff item No. 9803.00.00.
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Old Sep 17th 2019, 10:06 pm
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Default Re: Time limit to land as settler with goods lists?

Originally Posted by Former Lancastrian
Once you do the landing as a settler ie complete the B4 and supply list of goods to follow there is no time limit when those goods are imported unless coming from a country that has blocked currencies which has a 3 year period.

This is the D Memo that would apply to most

https://www.cbsa-asfc.gc.ca/publicat...2-2-1-eng.html

This would apply to blocked currencies

https://www.cbsa-asfc.gc.ca/publicat...2-2-2-eng.html

Why most BSO's don't know this is beyond my comprehension
From D2-2-1

10. As an example, a person can become a permanent resident without the intention of residing immediately in Canada. However, this person is not determined to be a settler as defined in the customs legislation, and be eligible for the provisions of tariff item No. 9807.00.00. In this case, since the person does not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time, that person is considered a non-resident of Canada and not a settler, for the purpose of the Customs Tariff, and is eligible to temporarily import goods under tariff item No. 9803.00.00.
I spotted that.

The CBSA officer very clearly told my acquainrance that when she landed to declare pr, she should also have done her GTF list or certainly WITHIN 12 MONTHS of this date. He was saying she cant do GTF as now as it was 18 months since she landed to declare PR.

I have told her this is nonsense and to book a meeting at a CBSA office to challenge this. Would be helpful if there was anything written down about no time limit to land as settler and declare GTF. Is there a specific CBSA office she should contact to get this sorted?
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Old Sep 17th 2019, 10:26 pm
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Default Re: Time limit to land as settler with goods lists?

I would use the link at the end and make a complaint online as these do actually get actioned (experience factor).

In the narrative basically say I was entering Canada on X date at X place. I informed the officer that I was becoming a Permanent Resident but not establishing a residence. According to D2-2-1 paragraph 10 I cannot be treated as a settler under tariff item 9807.00.00 and therefore no goods to follow list is required at time of entry and any goods in my possession are to be treated as visitors goods under tariff 9803.00.00.
It was my intention to establish a residence at a later date but the officer told me that I should have done the Goods To Follow List within 12 months.
If a person is allowed to do a landing as a PR and can return home for nearly 3 years then how is it possible to supply such a list when you would be buying and accumulating goods which would still qualify under tariff item 9807.00.00

https://www.cbsa-asfc.gc.ca/contact/com-eng.html
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Old Sep 17th 2019, 10:53 pm
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Default Re: Time limit to land as settler with goods lists?

Originally Posted by Former Lancastrian
I would use the link at the end and make a complaint online as these do actually get actioned (experience factor).

In the narrative basically say I was entering Canada on X date at X place. I informed the officer that I was becoming a Permanent Resident but not establishing a residence. According to D2-2-1 paragraph 10 I cannot be treated as a settler under tariff item 9807.00.00 and therefore no goods to follow list is required at time of entry and any goods in my possession are to be treated as visitors goods under tariff 9803.00.00.
It was my intention to establish a residence at a later date but the officer told me that I should have done the Goods To Follow List within 12 months.
If a person is allowed to do a landing as a PR and can return home for nearly 3 years then how is it possible to supply such a list when you would be buying and accumulating goods which would still qualify under tariff item 9807.00.00

https://www.cbsa-asfc.gc.ca/contact/com-eng.html
Thanks for this, extremely useful I will pass this on and add some wording to wiki along these lines as well.

I was on the 'receiving end' of a dogmatic (and with hindsight wrong) CBSA agent when we did our soft landing (insisting it was our one and only chance to do GTF etc....), so I know how hard it can be to deal with, especially with a good dose of jet lag.
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Old Sep 20th 2019, 12:38 am
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Default Re: Time limit to land as settler with goods lists?

Just a post script. The lady in question followed you advice and did the web complaint and within 24 hours got an apology and confitmation the original CBSA officers were incorrect. She will take her lists back to the CBSA office at the airport to get them stamped.

Result.
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