PR wants to sponsor parents and silbling

[whorl1quote]

am current on PR status and live in Canada. However, all my incomes are US income. I wonder if I can sponsor my parents and my married sister?

I tried to read through CIC´s web site but I really do not understand if I can sponsor them all together? My income is sufficient to sponsor all of them though it´s US income.

Any answers are appreciated.

[Kayalami]

1. What is the source of your US income?

2. What are you doing in Canada - work, study etc.

3. Have you filed any Canadian taxes and if so for which years.

4. When did you obtain your PR status (date of landing).

5. How long have you been out of Canada if at all since said landing?

6. Do you have a SIN, Drivers Licence and Health Card?

[whorl1quote]

To your questions:

1. I am residing in Canada most of the time but working for an US company that pays via US payroll. I work remotely.

2. I think my payroll runs from US

3. I reside in Canada most of the time.

4. 5. I obtained my PR in January 2005, but I landed in Canada in April 2005. Thus I haven't filed any Canada tax return yet, since I do not have Canada income.

6. I have SIN, and a residence. I also have an identification card, no driver licence.

7. I have everything in the US - SIN, driver licence, etc.

8. I am PR in the US as well.

thanks for your answers. I just got started in Canada and would like to be able to bring my parents/sisters over.

1. Are you on secondment to the US from a Canadian company, Provincial or Federal Government? A 'Canadian company' for the relevant provisions of the IRPA (Latest Immigration Act) does not include a subsidiary of a Canadian company in the US.

2. Where said secondment as applicable where is your payroll run from - Canada or US.

3. Do you reside in Canada on daily basis and commute to the US for employment?

4. Have you filed any Canadian taxes and if so for which years.

5. When did you obtain your PR status (date of landing).

6. Do you have a residence in Canada, SIN, Drivers Licence and Health Card?

7. Do you have the same (6) in the US.

8. What is your US status?

[Kayalami]

Apologies as I amended my queries post initial thread since I noticed you were living in Canada. Under the relevant provisions of the IRPA:

1. Your sister is not a member of the family class - you cannot sponsor her as such.

2. Your parents are a member of the family class - you may sponsor them for PR if:

(a) you are resident in Canada.

(b) have a minimum Canadian income over a period of 12 months prior to the sponsorship application.

You do not appear to meet the requirements of (b). I presume you have considered this but your US green card can be lifted at any time given that you are no longer residing in the US - have you applied for a re-entry permit?

[whorl1quote]

yes I have applied for re-entry for my US green card.

I looked through the sponsor forms (financial evaluation). I do not see anywhere that says I need to have "Canada" income to meet the requirements. Are you saying the income has to be Canada sourced??

I have income from rental properties in the US, have some securities that are enough to support my parenats for at least ten years (they are US securities), I also have a constant income from a job that I am doing remotely now. - Which income source can i use to sponsor my parents?

[Kayalami]

134. (1) For the purpose of subparagraph 133(1)(j)(i) (Family Class), the total income of the sponsor shall be determined in accordance with the following rules:

(a) the sponsor's income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the date of filing of the sponsorship application;

(b) if the sponsor produces a document referred to in paragraph (a), the sponsor's income is the income earned as reported in that document less the amounts referred to in subparagraphs (c)(i) to (v);

(c) if the sponsor does not produce a document referred to in paragraph (a), or if the sponsor's income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor's Canadian income for the 12-month period preceding the date of filing of the sponsorship application is the income earned by the sponsor not including

(i) any provincial allowance received by the sponsor for a program of instruction or training,

(ii) any social assistance received by the sponsor from a province,

(iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

(iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

(v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

(vi) any Canada child tax benefit paid to the sponsor under the Income Tax Act; and

(d) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) to (c), with any modifications that the circumstances require, shall be included in the calculation of the sponsor's income.

Low Income Cut Off figure (LICO) must be from Canadian sources - that for 2 persons is $24,745 (Effective to Feb 1, 2006).

I hope that helps.

[whorl1quote]

Thanks for your answers.