Immigration | Who qualifies as a settler?

Dear Miss Powell,

Who qualifies as a settler in Canada? I’m scheduled to take a long contract to work there. Do I qualify to take my things duty-free? Or is that only for citizens and permanent residents?

BB

Dear BB,

You may be able to bring your personal and household belongings into Canada without paying customs duties or taxes, even if you are coming on a temporary work permit. This customs benefit is called the settlers’ effects exemption. You do not need citizenship or permanent residence to qualify.

You have not said how long your contract will last. That information is important because the rules distinguish between employment lasting up to three years and employment lasting longer.

WHO QUALIFIES

For customs purposes, a settler is someone entering Canada to establish a residence for the first time for at least 12 months. However, people coming to work for 36 months or less are excluded. Those coming to work for more than 36 months may qualify on arrival.

So, if you are coming on a four-year contract, you may qualify even though you hold a temporary work permit. A two-year contract generally would not qualify you for this exemption.

Your belongings must meet requirements of their own. You must have owned, possessed and used them abroad before moving to Canada.

Workers on shorter contracts and people coming to study may bring belongings under separate temporary importation rules. These require the goods to leave Canada when the entitlement ends. You should confirm the conditions with the Canada Border Services Agency (CBSA).

IF YOUR CIRCUMSTANCES CHANGE

If your work authorisation is extended so that your continuous employment exceeds 36 months, you may become a settler from the extension date. Only goods you owned and used before that date qualify.

If you are a temporary resident for customs purposes and obtain permanent residence from within Canada, the relevant date for ownership, possession and use is your permanent residence application date. Contact CBSA when you apply so that your customs paperwork can be updated.

If you previously established residence in Canada, the former-resident rules may apply instead. An earlier temporary stay for work or study does not automatically put you in that category. You should explain your previous stay to the CBSA before claiming the exemption.

BEFORE YOU TRAVEL

Prepare an inventory of your belongings, including anything you intend to ship later. If you qualify as a settler on arrival, declare these goods and keep your completed Form BSF186 and inventory for future shipments.

You should check the length of your contract before you decide what to pack and confirm your eligibility before paying to ship anything. If you are unsure, ask a lawyer to review your documents and advise you further.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.