Landed immigrant but stayed out of Canada


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ashar68   
Member since: Feb 04
Posts: 2
Location:

Post ID: #PID Posted on: 28-07-07 21:23:57

Dear Sir,

I landed in Toronto Canada in June 2004 with my family from the US. We gave the address of a friend and applied for PR card. We got the PR card after a month we came back to US. We are in India from Aug 2005 and got a new baby now 1.5 years old. The things I would like to know are the following

1. Can we go back to Canada with our PR cards ? Infact I never filed tax in Canada as we were not having any income from Canada. Will that be an issue? If I want to file tax for the years 2004,2005,2006 and can I do from India ?

2. How do I take the my new baby with us ? Can we get visit visa fro her? Infact I contacted a consulate here - they asked all my tax filing details as one requirement.

3. Since I passed 3 years and 2 months after my first landing, If I go back to Canada now and stay there 3 years , Can I stay there legally ? do I still qualify for applying Citizen ship after 3 years as per the new rules?


I appreciate your answer.

thanks
Ashraf



febpreet   
Member since: Jan 07
Posts: 3252
Location:

Post ID: #PID Posted on: 29-07-07 00:39:36

Since the nature of your questions is purely technical in terms of Immigration, I would recommend you to please keep in touch with any good Immigration consultant that you know about. But before doing that, please try inquire the same from CIC (Canadian Immigration and Citizenship) call centre. Their no. is as follows:

1-888-242-2100

If you're out of India, then post these questions to any of your friend in Canada and ask them to contact the call-centre with the same. At least you will have some idea of where you fit.

I wish you all the best in your endeavors.

Preet...



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 29-07-07 05:55:42

Quote:
Originally posted by ashar68

Dear Sir,

I landed in Toronto Canada in June 2004 with my family from the US. We gave the address of a friend and applied for PR card. We got the PR card after a month we came back to US. We are in India from Aug 2005 and got a new baby now 1.5 years old. The things I would like to know are the following

1. Can we go back to Canada with our PR cards ? Infact I never filed tax in Canada as we were not having any income from Canada. Will that be an issue? If I want to file tax for the years 2004,2005,2006 and can I do from India ?

2. How do I take the my new baby with us ? Can we get visit visa fro her? Infact I contacted a consulate here - they asked all my tax filing details as one requirement.

3. Since I passed 3 years and 2 months after my first landing, If I go back to Canada now and stay there 3 years , Can I stay there legally ? do I still qualify for applying Citizen ship after 3 years as per the new rules?


I appreciate your answer.

thanks
Ashraf



Although as suggested by Febpreet , the hot line can give you correct answers. But here s my take one them .

a. You can go back to Canada as your PR cards are valid till 2009 . It will be determined later whether you qualify for maintaining your PR status . You will not be denied entry till 2009.

b. Yes you may be able to file in from India but at the same time it may be unnecessary as you can site no ties with Canada if you were not visiting or if you did not have any back a/c or transactions with Canada in which case tax filing is exempted.

c. Getting your child across will be under the Consulate s guidelines - they are the best people to explain the rules . However search the forum for posts by member GFO who went through the same problem .

d. Since you ve passed 3 years you do not qualify retention of PR status. But that does not mean that you cannot stay till 2009 - you can take legal recourse for taking an exception which may be accorded if your reasons are genuine - please check the CIC website in this regard.

My answers are based on my personal understanding - please confirm them with the hot line number provided.


-----------------------------------------------------------------
Fido.


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 29-07-07 11:42:06

Quote:
Originally posted by ashar68

Dear Sir,

I landed in Toronto Canada in June 2004 with my family from the US. We gave the address of a friend and applied for PR card. We got the PR card after a month we came back to US. We are in India from Aug 2005 and got a new baby now 1.5 years old. The things I would like to know are the following

1. Can we go back to Canada with our PR cards ? Infact I never filed tax in Canada as we were not having any income from Canada. Will that be an issue? If I want to file tax for the years 2004,2005,2006 and can I do from India ?




-- Yes, you can board the flight back to Canada if your PR cards are valid. Whether you will be allowed back in Canada is a different issue (based on the number of days you stayed outside of Canada). Also, if you had no cdn income you do not have to file taxes, therefore you should be okay on the tax front. But still, if you want to file the taxes for the previous years that's fine too - consult a tax consultant for that. This will be the unnecessary rip-off though since you had no cdn income for these years.

Quote:
Originally posted by ashar68
2. How do I take the my new baby with us ? Can we get visit visa fro her? Infact I contacted a consulate here - they asked all my tax filing details as one requirement.



-- If she is born in India, you can apply for her visa.

Quote:
Originally posted by ashar68
3. Since I passed 3 years and 2 months after my first landing, If I go back to Canada now and stay there 3 years , Can I stay there legally ? do I still qualify for applying Citizen ship after 3 years as per the new rules?



-- If you are allowed back into Canada by the immigration officer, then the answer to your questions above is YES.





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