Foreign Buyer Immigration Information

This information is based on a presentation given at the Real Estate Board of Greater Vancouver on October 27th, 2005. The information provided is of a general nature and does not constitute legal advice. Furthermore, it is subject to change without notice. For legal advice you should contact an immigration lawyer directly.

Background

I have the good fortune to work with a great many "Foreign Buyers" as part of my normal day to day real estate activities. My client base includes Buyers from across the United States and Europe. I understand how difficult the concept of buying property in Canada can seem when you may be unfamiliar with the area, the laws, the immigration requirements, the tax implications and more specifically the unique nature of the real estate transaction in British Columbia.

I pride myself on being able to simplify the Real Estate buying process. I clearly explain each step of the process to my clients, and where necessary, refer them to qualified professionals to answer complex legal, immigration, and/or taxation questions.

Put my knowledge and years of experience to work for you and rest assured that I have a qualified professional and experienced network of contacts to assist you with your unique circumstances.

 

Credits

Joshua Sohn, Partner at Vancouver-based Embarkation Law Group www.elgcanada.com/joshua.htm

• Immigration Lawyer since 1993
• Chair, Immigration Section (CBA-BC)

 

Memberships

• Law Society of British Columbia
• Canadian Bar Association
• American Immigration Lawyers Association
• The Vancouver Board of Trade

 

Following are some key points of interest to Foreign Buyers:

 

Types of Status

 

Temporary Resident Status

• Worker (requires a work permit)
• Student (requires a study permit)
• Visitor (may require a visa)

 

Some Key Features to be aware of:

• You cannot work or study in Canada without permission
• You must leave Canada within 6 months unless otherwise authorized
• Admissibility to Canada may be denied for Medical, Criminal (including DUI in US) or Security reasons

 

NOTE: In some cases "Inadmissible" persons may be able to apply for Temporary Resident Permit (TRP) based on sufficient means of supporting yourself, expiry date of passport or travel documents, reason for coming to Canada and length of stay, and what ties you have to your home country and admissibility. 

 

Permanent Resident Status

(2 Options)

 

Economic Immigrants

• Based on ability to become economically established in Canada
• There are a number of categories each with specific requirements

 

Family Class Sponsorships

• Based on relationship to a Canadian citizen or permanent resident
• Includes Spouse or Common Law or Same Sex relationship
• Includes Dependent Children under 22 years of age

 

Key Features to be aware of:

• Work or Study without permits
• Right to Enter and Remain
• Residency Obligation (may be revoked if you remain outside Canada for an extended period of time)
• Status can be lost based on serious criminality

 

Requirements:

2 years residency in every 5 year period met by:

• Being physically present in Canada
• Working for a Canadian Company abroad
• Accompanying a Canadian spouse /partner abroad

 

Canadian Citizenship

• Canada permits Dual Citizenship
• No Residency Obligation
• Right to Vote

 

Some Key Features to be aware of:

• Permanent Residents may apply for Canadian Citizenship once they have 3 years residency in the past 4 years.
• A Citizenship Test is required for persons aged 18 to 54
• Processing of applications can take approximately 1 year

 

Immigration Myths

 

"Seasonal Resident"

There is NO such status.

There is a "Customs Category" that allows non-residents to bring certain personal goods into Canada Duty and Tax free, in some cases, in order to furnish a home they have purchased or leased for a minimum of 3 years, if they plan to use the home for a few months out of the year.

Customs Requirements:

Non-resident of Canada (ie a Temporary Visitor)

Purchased home or signed lease for minimum 3 years

Goods must be for personal use, not business

This does NOT apply to Manufactured Homes (Mobile Homes), Time Share, if you share the home with a Canadian Resident partner, or if you plan to rent out the home in your absence.

 

"Retirement" Category

There is NO such status.

In fact, an Immigration Officer can prevent a person from entering Canada based on a determination that the person will be "residing" on a long-term basis in Canada.

For example, a Retiree has stronger ties to Canada than they do to their "home country".

• Purchased a retirement property in Canada
• Sold their residence in their home country
• No longer working in their home country

 

 

 

Anita Schmitt, REALTOR® - Royal LePage Northshore

This communication is not intended to cause or induce breach of an existing agency agreement.