GC and Canadian Landed Imm. Status

Y

ysolong

Registered Users (C)
JoeF and others,


I know this doesn't pertain to many people out there. However, I have a question regarding my GC status.

My wife is a Canadian citizen. Prior to obtaining the GC in the U.S. I was a Landed Immigrant in Canada.

I just learned from the Canadian Immigration Service that I haven't lost my permanent status in CDN because I am accompaning my Canadian spouse abroad. This must be somekind of new law. In the past they would have interpreted my GC status as abandoning Canada. Case closed.

I double checked this law. It's true. I still have the CDN status.

Here's my question:

Does this in any way impact my GC status in the U.S. negatively? Of course, I am not intending to take up permanent residence in Canada anymore. What will the officer say at POE if he finds out about this crap? Should I denounce my CND status?

I thought you can't be a permanent resident of more than one country? What's wrong with Canadains????

Let me know if you have any insights into this...

thanks, ysolong
 
Last edited by a moderator:
Originally posted by ysolong
JoeF and others,


I know this doesn't pertain to many people out there. However, I have a question regarding my GC status.

My wife is a Canadian citizen. Prior to obtaining the GC in the U.S. I was a Landed Immigrant in Canada.

I just learned from the Canadian Immigration Service that I haven't lost my permanent status in CDN because I am accompaning my Canadian spouse abroad. This must be somekind of new law. In the past they would have interpreted my GC status as abandoning Canada. Case closed.

I double checked this law. It's true. I still have the CDN status.

Here's my question:

Does this in any way impact my GC status in the U.S. negatively? Of course, I am not intending to take up permanent residence in Canada anymore. What will the officer say at POE if he finds out about this crap? Should I denounce my CND status?

I thought you can't be a permanent resident of more than one country? What's wrong with Canadains????

Let me know if you have any insights into this...

thanks, ysolong
Click to expand...

This is exactly the same situation I am in. I do not believe that you have to worry about this at all. Being a PR in Canada does not in my opinion, impact your eligibility to become a US PR - as long as you maintain the criteria (i.e. employment etc) on the basis of which you have qualified to become a US PR.

There is nothing wrong with the Canadians - this law just takes into consideration that since your spouse is a Canadian citizen, you maintain the right to reside in Canada permanently regardless of where the two of you are living right now. Personally, I think it is a compassionate law that recognizes that spouses of Canadian citizens living with their partner outside of Canada should not lose their PR status.

In fact, if you have been living with your Canadian spouse for 3 or more years, you are even eligible to become a Canadian citizen.
 
Re: Re: GC and Canadian Landed Imm. Status

Originally posted by JoeF
If that's the case, you'd have to pay taxes in the US and in Canada.
Click to expand...

Yes both U.S. and Canadians have to pay taxes on worldwide income. But both countries have a treaty preventing double taxation - so you only have to pay taxes in one of the two countries - presumably the U.S. since you are physically residing here.
 
Thanks for the info.

Obviously, Canada takes a more liberal approach to what it considers to be a PR. That's fine.

Does anyone know if the INA addresses this scenario of dual PR status?

Regarding eligibility for Canadian citizenship:

Immigration Canada told me:
"While accompanying your CDN spouse abroad prevents loss of Landed Immigrant status, it does, however, not count toward CDN citizenship. Physical presence in CDN is required."

Taxation:
Canada and the U.S. have an agreement to prevent double taxation. How can I get a copy of this in writing? CDN Embassy or IRS website? Does anyone know?

thanks, ysolong
 
Re: Re: Re: GC and Canadian Landed Imm. Status

Originally posted by Zaye
Yes both U.S. and Canadians have to pay taxes on worldwide income. But both countries have a treaty preventing double taxation - so you only have to pay taxes in one of the two countries - presumably the U.S. since you are physically residing here.
Click to expand...

Income taxes in Canada is based on residency. If a person or their spouse resides in Canada, then that person is considered a resident and must file income tax forms, reporting all worldwide income. If Canada has a treaty with the country where that person lives, then taxes paid there are subtracted from taxes owed in Canada. For example, when I first moved to the US under TN status (I am a Canadian Citizen), my wife and son remained behind for 3 months. Therefore, I was still considered a tax resident of Canada for those three months and owed taxes. I was actually a tax resident in two countries at the same time. That was in 1998. I filed form NR-73 and was declared a non-resident when my family joined. Consequently, I have not had to file income tax forms in Canada since that time. This is in contrast to the US system, where all Citizens and PR's have to report all worldwide income regardless of where they are living in the world.

Brian
 
Last edited by a moderator:
Originally posted by ysolong
Immigration Canada told me:
"While accompanying your CDN spouse abroad prevents loss of Landed Immigrant status, it does, however, not count toward CDN citizenship. Physical presence in CDN is required."
Click to expand...

ysolong - how did you obtain this information - did you phone them or email?? Also, do you have the IMM1000 form or a new PR card? I am planning to apply for the PR card (since the form will become invalid as of Dec 31) - do you know if I need to go back to Canada to do this?
 
Hey guys,

Question: Do I need to let Revenue Canada know that I am not filing income tax in CND because I am permanently in the U.S. now?

Landed Immigrant document: I still have the old IMM 1000 document. I called the Vancouver call center. They told me that I must apply for the new PR card from within Canada.

This puts us in a more complicated situation since as of January 1, 2004, no one will be admitted to board a carrier going to Canada without the NEW PR "Maple Leaf card".

Here is the thing, Immigration Canada told me that if I decide to travel to CDN after December 31, 2003, I MUST apply for a travel document at the Los Angeles Consulate. You've got to do that everytime you go to Canada.

Well, they said: "Why don't you apply for your new PR card while your are up there?" The reason is this. You must pick up the card in person and it takes more than a month for them to process it.
I am thinking more about a long weekend with family -- not a month of waiting. That's about it.

I asked if I could enter as visitor? They told me that was a dumb question. If you enter as a tourist, you are misrepresenting your staus in Canada. Big trouble!!!

What do you guys think? What's the solution?


ysolong
 
Last edited by a moderator:
Originally posted by ysolong
Hey guys,

Question: Do I need to let Revenue Canada know that I am not filing income tax in CND because I am permanently in the U.S. now?

Landed Immigrant document: I still have the old IMM 1000 document. I called the Vancouver call center. They told me that I must apply for the new PR card from within Canada.

This puts us in a more complicated situation since as of January 1, 2004, no one will be admitted to board a carrier going to Canada without the NEW PR "Maple Leaf card".

Here is the thing, Immigration Canada told me that if I decide to travel to CDN after December 31, 2003, I MUST apply for a travel document at the Los Angeles Consulate. You've got to do that everytime you go to Canada.

Well, they said: "Why don't you apply for your new PR card while your are up there?" The reason is this. You must pick up the card in person and it takes more than a month for them to process it.
I am thinking more about a long weekend with family -- not a month of waiting. That's about it.

I asked if I could enter as visitor? They told me that was a dumb question. If you enter as a tourist, you are misrepresenting your staus in Canada. Big trouble!!!

What do you guys think? What's the solution?


ysolong
Click to expand...

I think there are two options:

1. Enter Canada by private car. Effective 12-31-03 IMM1000 will cease to be valid for commercial carrier - will still be valid for non-commercial entry. Note that entering by bus is considered commerical entry. So you will have to have family/friends pick you up from within the U.S. to take you back across the border. I am fairly certain that IMM1000 will still be valid for this type of entry. You can check for more information at http://www.cic.gc.ca

Make sure you are either accompanied by your Canadian spouse and/or have evidence supporting the fact that the two of you have been employed and living together in the U.S. (thereby establishing that you are still a Canadian PR). In this manner, you have to tell no lies - you are clearly still a Canadian PR since you have been accompanying Canadian spouse abroad and you are still using IMM1000 in an acceptable form - i.e. entry by non-commercial means.

2. Go to Canadian consulate and apply for re-entry permit into Canada. I think obtaining this should be no problem for you once you submit proof that you are living with your Canadian citizen spouse. This will solve your problems of re-entry into Canada completely.

Good luck. Share your decision with us!
 
Originally posted by ysolong
Hey guys,

Question: Do I need to let Revenue Canada know that I am not filing income tax in CND because I am permanently in the U.S. now?
Click to expand...

Not really. You can fill out form NR-73 if you want something in writing, otherwise state your status in your last income tax return.

BTW, I have not been a resident in Canada since 1998 but still tell them my address changes. I do pay non-resident income taxes on my investments that I still have in Canada.

Brian
 
thanks guys.

Am I required to inform Revenue Canada that I am not a resident anymore? I haven't filed CDN taxes in more than 5 years.

long term sollution for crossing hte border:


I live in Southern Cali. Therefore, I won't be crossing the border in my car. Due to the distance (Toronto), my wife and I fly.
I don't have a sollution. I guess I have to apply and pay for a re-entry permit every time I go to visit the "Great White North".

thanks again,

ysolong
 
You must log in or register to reply here.
Top