Non Residency Letter

Carreen

New Member
Hello there,

I've read a lot of the information on this site with regard to Canadians requesting a 'non residency' determination from the CRA and I can't figure out if I'm 'worried' they will deny mine, or 'confident' they won't...

I married an American citizen in the summer of 2003 and relocated with my 2 children that same summer. By December, we received our Permanent Resident cards (green cards) and we have been here ever since. We own a home here, our children go to school here (we have a child who also was born here in 2004) and for the most part, I worked here as well. (I say 'for the most part' b/c I'm currently unemployed. I am a NYS certified teacher but have only had long term sub. positions...) From January of 2006 to June, of 2007, I returned to the Canadian school board I had a 'leave' from but at the end of 2007, I quit completely as there was no way I could continue with such a commute - 1 1/2 hours each way, each day!

I filed my Canadian taxes in my final year of living in Canada - 2003 and I filed my Canadian taxes when I returned for both the 2006 and the 2007 tax years but I had GREAT difficulty finding any accountant anywhere who understood living in the U.S. and working in Canada. I ended up using a very expensive accountant from Quebec in order to file my 2006 and 2007 taxes. In any case, I never realized I 'had' to tell the CRA that I was no longer living in Canada and I don't believe I've ever done this formally. I have no OHIP, one Canadian bank acct that has been kept open for two reasons: 1., my ex-husband pays child support in Canadian currency and it has been easier to manage this way and, 2. my two Canadian daughters had 'student' rrsps set up at the bank that I continued to pay into........ that's all gone now as my oldest daughter used it all for college in one single year!

The only reason I now need a non-residency letter is b/c I transferred my teachers' pension over to my bank and am trying to have it released. The only way to do this is to a. file an application for financial harship - I don't qualify, b. reach a certain age - I don't qualify, or c. be a non-resident of Canada for at least (I believe) 2 or 3 years. That is where I qualify but my bank is not permitted to release the funds until I receive this letter...

I've been waiting now, 6 -7 weeks and just received a letter from the CRA that states they have received my request and will notify me when the review is complete......... I don't know if after already waiting 6-7 weeks, this is a good thing or not? Is it standard practice to send everyone this letter or is it indicative of a problem? Will they tell me I need to pay an incredible amount of money b/c I didn't declare I was a non-resident? I just don't know what to expect and if there is anyone who could help me, give me some useful, factual information, I would be very appreciative.

Thank you!

Carreen
 
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