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PLS HELP!!!

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=2719
Printed Date: 27 Oct 2020 at 4:47pm


Topic: PLS HELP!!!
Posted By: toblerone_minis
Subject: PLS HELP!!!
Date Posted: 31 May 2010 at 12:54am
Hi!
 
Got my PR status early 2005, (under live-in caregiver program)  but left canada mid 2006, been away since then, and PR card expired this year.  Ive obviously lost my PR status but wanted to go back to canada.
 
Question is......
 
1. would it be a good idea for me and my husband to file a new application under provincial nominee program (since i got first cousins living in manitoba)?
 
2. Ive got unpaid taxes when i left in 2006 coz my father got sick and ive have to attend to him and we had financial problems due to his sickness, do you think this is a BIG (negative) factor that could affect our application?
 
3.  Would it be better if my we file our application as my husband being the principal applicant instead of me? would they still know about my unpaid taxes?
 
4.  Do i need to find a way to pay for my unpaid taxes first before i file my new application?
 
I hope you guys could help us.  We wanted so much to spend the rest of our lives in canada, for the future of our children. Any ideas or enlightenment would be very much appreciated. Thank you very much.



Replies:
Posted By: canvis2006
Date Posted: 31 May 2010 at 3:19pm
I believe your PR status is long gone.
You can apply again for PR under current federal/provincial immigration laws, that's if you can qualify.

www.cic.gc.ca





Posted By: toblerone_minis
Date Posted: 01 Jun 2010 at 12:12am
thanks for the reply....just in case i qualify, would my unpaid taxes affect my application? would they take it against me though?


Posted By: Beaver
Date Posted: 01 Jun 2010 at 2:15pm
The reason nobody seems to answer your question is because this is a complex issue that only lawyers can give you legal advice on. If you had friends or acquaintances while you were in Canada, you may want to ask them if they could refer you to a reputable attorney. We can only provide our opinion, so hopefully you understand.
 
To answer your question, as I'm just offering my opinion, we do not know what other background checks CIC does for applicants other than criminal or security checks. I wouldn't think they will go to all government agencies for a single application. Unless Canada Revenue Agency has filed complaint on your tax delinquencies or if you have been indicted, CIC may not know about it. If there is an indictment, then that's a real big problem. So it depends on the circumstances - non payment is different from tax evasion if you filed your T4's properly every year. You may just be accruing interest on your dues. CRA may have already sent you many letters and you may not know it since you werent in Canada to recieve them. What you need to do first is to learn to what extent this issue has reached before making any assumptions.
 
Even if you make your spouse the principal applicant, CIC will know you're the same person who came to Canada a few years ago who became a PR years after under your immigration record.
 
In the course of any application you send in, just be ready to answer what questions CIC may ask you when the time comes during an interview. Who knows, you might just breeze through the application. Tell them that you are not running away from your tax dues, because you even want to return to Canada. 
 
yeah, I understand this sucks... good luck!
 
  
 
 
 
 
 


Posted By: canvis2006
Date Posted: 01 Jun 2010 at 4:53pm
How does it suck? These people don't follow residency obligations when they leave Canada and then years later want to return once status expires.



Posted By: peachy871
Date Posted: 01 Jun 2010 at 6:04pm
Actually canvis, she was aware that her PR status was long gone. She also left Canada due to extenuating circumstances. This person came on here for advice, not to be lumped in with "these people". Every situation is different.

-------------
Peachy


Posted By: Beaver
Date Posted: 01 Jun 2010 at 6:15pm

It sucks for her...

Comes to mind that she went through all the trouble to become PR but unfortunately life happened and she had to take care of her father in her motherland. She made a difficult decision between her father and her PR status.
 
The issue of taxes is a different thing - regardless of the reason for not being able to pay taxes owed to the government, her failure to fully pay most likely will be looked to as flight from her obligation to obey the law. I know how determined any government will be to collect the right taxes. What I don't know is how Canada treats tax delinquents and if CIC takes that into consideration when assessing an application.  Smile


Posted By: canvis2006
Date Posted: 01 Jun 2010 at 8:31pm
Tax issues are irrelevant for PR status application.
The only thing CIC checks is if person has a criminal record in Canada thus making the person inadmissible to Canada, otherwise regular process applies according to current immigration regulations


Posted By: nija
Date Posted: 16 Jun 2010 at 5:01am
I think you unpaid taxes can make a sence. You should be honest and careful.


Posted By: Intel
Date Posted: 16 Jun 2010 at 6:42am
I agree with others that it is recommended to seek legal advice.
 
As I understand, a permanent resident does not automatically loose status. There should be a determination of residency status done first by CIC. CIC will not accept a new PR application if you still have the PR status. You need first to apply for PR travel document at Canadian visa office to determine your PR status. Once you get the determination that you lost PR status, you can file a new PR application.
 
Regarding CRA, I guess that arrangement for paying the unpaid taxes can be done with International Tax office: http://www.cra-arc.gc.ca/cntct/international-eng.html - http://www.cra-arc.gc.ca/cntct/international-eng.html  


Posted By: thaithanhthuy
Date Posted: 26 Jun 2010 at 6:02am
How does it suck? These people don't follow residency obligations when they leave Canada and then years later want to return once status expires. 
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