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Visiting Canada & Immigration

Introduction

Buying property is an exciting event, but if you are not a Canadian citizen or Canadian permanent resident, there are many things that you need to know so that you do not run afoul of Canada's immigration or other rules.

Other than Canadian citizens and Canadian permanent residents, anyone wishing to spend time in Canada, to occupy a house here or for any other reason, must obtain status to do so, even if the visit to Canada will be very brief. There are basically two kinds of status you can obtain: permanent status (people with permanent status are called permanent residents or landed immigrants); and temporary status (people with temporary status are called visitors).

Permanent Residence

If you wish to make Canada your place of permanent residence, you must apply for that status. Applying for Canadian permanent resident status is a complex and lengthy process, and in most cases you cannot apply for this status from inside Canada. Instead, most Canadian permanent residence applications must be submitted at a Canadian immigration office outside Canada.

There are a number of categories in which applications for Canadian permanent residence can be made. These include business, skilled worker and family sponsorship categories, and you must qualify under one of these categories to be eligible to immigrate to Canada as a permanent resident. A considerable amount of information is required to demonstrate whether you may qualify, and once an application is submitted, it can take well over a year to be processed. A personal interview with a Canadian visa officer may be required as well.

Accordingly, if your intention is to immigrate to Canada and make Canada your permanent home, you must, except for some limited exceptions, apply for and obtain Canadian permanent residence status before you come to Canada. Don't make the mistake of arriving at the border with all of your worldly possessions and the expectation of simply being waved through, because you will not be admitted to Canada if you seek to enter on a permanent basis but have not obtained that status in advance. Instead, make sure that you have been granted that status before you travel!

Visitors

There are also rules for people who wish to come to Canada as visitors, that is, on a temporary basis. There are many circumstances in which people may wish to come to Canada temporarily, for example, to be a tourist, to work or study in Canada, or to occupy a property on a seasonal basis, such as a vacation property.

As with those seeking Canadian permanent residence status, someone wishing to enter Canada as a visitor must obtain status to do so. How and where you obtain status as a visitor depends on where you are from and the purpose of your stay in Canada, among other things. In some cases you can apply at the port of entry (for example, at the border or certain airports). In other cases you must apply at a Canadian immigration office outside Canada before you travel to Canada. You must keep a permanent residence outside Canada.

People of some nationalities require visas to come to Canada, even on a temporary basis.

Note that there are restrictions on the length of time you may stay in Canada as a visitor. The time varies on a case by case basis, and can depend on the purpose of your stay in Canada, whether you have authorization to work or study in Canada, or whether a specific restriction was imposed when you entered Canada, among other things.

According to Canada Customs and Revenue Agency, non-residents who inherit, receive, buy, build or rent (on a three-year lease or longer) a permanent structure in Canada to use as a seasonal residence have a one-time opportunity to furnish the residence with certain goods free of duties. Certain conditions must be met (for example, the goods must be used personal-use goods, among other things) and certain declarations must be made when you import the goods into Canada. The goods cannot be sold or disposed of in Canada for at least one year after importation. Other conditions also apply.

There are also special rules that apply if you want to bring motor vehicles, boats, pets, alcohol and tobacco, and certain plants and foods, among other things, into Canada. It is better to look into these things in advance of travelling to Canada than to be surprised at the border. There are other rules dealing with your ability to leave certain things in Canada between visits.

You may also need advice on Canadian income tax matters, and you should make sure that you have adequate medical insurance coverage for the period of your stay in Canada.

Conclusion

While buying property is an exciting event, don't let that excitement turn to regret because you overlooked Canada's immigration or other rules. Enquire about these things before you enter an agreement to purchase property in Canada.

The above information is intended to be only general in nature and may not necessarily apply to your situation. It is not intended to be nor should it be construed as legal advice as each case is unique. It is recommended that you review your situation with a Canadian immigration professional or with Citizenship and Immigration Canada or other appropriate Canadian authorities before you enter an agreement to purchase property in Canada or travel to Canada.

Information provided by Robbie Sheffman of Cook Roberts.
Suite 700 - 1175 Douglas Street    Victoria BC    V8W 2E1
250.385.1411


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