PR living out of Canada- Citizenship implications
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Posted on: 20-06-07 18:07:52
You can not just like that give it a try. You are promising the Canadian government that you lived in Canada for 1095 days in your application. When your passport clearly says that you did not live in Canada for 1095 days, I don’t think somebody wants to try that.
For your earlier Q, i live in Windsor and work in Detroit. Everyday commute, so my case is entirely different than yours.
My best suggestion would be,
1. File your tax return in Canada and claim your foreign tax credits.
2. If you have Health Cards, inform OHIP that you are not in the country and surrender your health cards. (You should carry your health card only if you live more than 3 months continuously in ON) You can get this back once you started living in ON.
3. If you cant make your 1095 days within 5 years, you can renew your PR card once your five year is over. I saw they are making it easy for PR renewals. (cic.gc.ca)
4. Be straight forward the Canada government and you wont get into any trouble. You will be alright.
I can imagine your situation, it really sucks. I always appreciate canadian government by all means, but the only thing I blame canada is not creating opportunity for the immigrants. We are all economic immigrants and highly talented. Bitter truth is Canada does not have system to adopt each one of us. If it can provide employment, Your husband does not have to work in Brazil, and I do not have die in Windsor and cross the border everyday!
That sucks.
Good Luck.
Quote:
Originally posted by maniivannan
You can not just like that give it a try. You are promising the Canadian government that you lived in Canada for 1095 days in your application. When your passport clearly says that you did not live in Canada for 1095 days, I don’t think somebody wants to try that.
For your earlier Q, i live in Windsor and work in Detroit. Everyday commute, so my case is entirely different than yours.
My best suggestion would be,
1. File your tax return in Canada and claim your foreign tax credits.
2. If you have Health Cards, inform OHIP that you are not in the country and surrender your health cards. (You should carry your health card only if you live more than 3 months continuously in ON) You can get this back once you started living in ON.
3. If you cant make your 1095 days within 5 years, you can renew your PR card once your five year is over. I saw they are making it easy for PR renewals. (cic.gc.ca)
4. Be straight forward the Canada government and you wont get into any trouble. You will be alright.
I can imagine your situation, it really sucks. I always appreciate canadian government by all means, but the only thing I blame canada is not creating opportunity for the immigrants. We are all economic immigrants and highly talented. Bitter truth is Canada does not have system to adopt each one of us. If it can provide employment, Your husband does not have to work in Brazil, and I do not have die in Windsor and cross the border everyday!
That sucks.
Good Luck.
Manivannan,
Filing your tax return will do no good - you will just end up paying taxes to Canada for nothing and mind you, cdn taxes is a lot of $$!!! Residency laws are different for immigration and different for the revenue purpose. Claiming residency for tax purpose does NOT give you any credit for ANY immigration purpose.
Jona will be better off claiming NR status for tax purpose.
Quote:
Originally posted by maniivannan
You can not just like that give it a try. You are promising the Canadian government that you lived in Canada for 1095 days in your application. When your passport clearly says that you did not live in Canada for 1095 days, I don’t think somebody wants to try that.
Unless I am not reading something clearly written there, I do not see Jonav saying that they intend to write on the application that they have lived in Canada for 1095 days. She has clearly stated that her husband suggests that they apply as per facts and see what citizenship judge has to say (because this case will reach citizenship judge ONLY if the condition of physical stay is not fulfilled).
Jonav, correct me if I am wrong in interpreting your and Manis posts.
Quote:
Originally posted by maniivannan
My best suggestion would be,
1. File your tax return in Canada and claim your foreign tax credits.
2. If you have Health Cards, inform OHIP that you are not in the country and surrender your health cards. (You should carry your health card only if you live more than 3 months continuously in ON) You can get this back once you started living in ON.
3. If you cant make your 1095 days within 5 years, you can renew your PR card once your five year is over. I saw they are making it easy for PR renewals. (cic.gc.ca)
4. Be straight forward the Canada government and you wont get into any trouble. You will be alright.
That really does not help in answering Jonav's original querry and worry!
Quote:
Originally posted by maniivannan
I can imagine your situation, it really sucks. I always appreciate canadian government by all means, but the only thing I blame canada is not creating opportunity for the immigrants. We are all economic immigrants and highly talented. Bitter truth is Canada does not have system to adopt each one of us. If it can provide employment, Your husband does not have to work in Brazil, and I do not have die in Windsor and cross the border everyday!
Well that is a tall assumption that Jonav's husband in working in Brazil because of not being able to get a job in Canada commensurate to his qualifications. Well, may be his special qualification that most Canadians do not have got him that job. Or may be this job is more rewarding in matter of experience, or salary or challanges or even fun!
Quote:
Originally posted by maniivannan
That sucks.
Yeah it does - I mean your post!
Good Luck.
-----------------------------------------------------------------
Chandresh
Advice is free – lessons I charge for!!
Quote:
Originally posted by jonav
Yellowknife thanks...I'm laughing now (khoda pahad….). Let me share this with my husband. Honestly its punishing of government...we want to move to Canada but cannot cause the job needs him here...and if we stay here and relocate in 2009/2010 means it'll be another 3 yrs of PHYSICAL presence to get citizenship (2013/2014). So in another words what we can do by 3-4 yrs will take 7-8 yrs! I went to CIC site to check and they said the decision depends on a judge but it is very unlikely to be approved if the 1095 days rule is not fulfilled. Got my first taste of Canada without even stepping in there!
Thanks for your info though.
Jona
Well - since you already have a first experience of Canada without even stepping in here - and obviously it does not please you, may I know why you would in the first place insist on getting a citizenship of this place when you already have a PR and come and live here whenever, and if ever, you decide to?
And if you have a solid reason, why not wait 7-8 years instead of 3-4 years? I would simply like to understand what possibly could be so important for anyone - not particularly you - purely from knowledge purpose.
And now back to your original question - well in my opinion framed on the basis of discussions with friends who are into immigration business - working for Canadian employer is good for retaining your PR but not for getting a citizenship. I had faced similar situation in Singapore and mine was a extreme case. After having lived in Singapore for 10 years, I had applied for citizenship. The rule of the land was that an applicant should not have been out of Singapore for more than 6 months in last 2 years and I did not fulfill that. I put my case as an appeal after rejection - and they said - ok fine, if you have not been out of Singapore for more than 1.5 years in last 6 years (basically original condition times 3), we will consider your application. And guess what.......I failed that test too. Had they asked me for not being out for more than a year in last 4 years (original condition times 2), I would have passed that test - what a sad affair!
Here is another link which Ihave pasted a few times which will help you:
http://www.canadavisa.com/canadian-citizenship-1095day-rule.html" target="_blank">http://www.canadavisa.com/canadian-citizenship-1095day-rule.html</a>
This will show you that 1095 days rule is relaxed if you are out of the country for work (while working for a Canadian employer) but your out of country visits are short and not too many. I had taken advantage of this rule when I applied since I was falling short by about 150 days - and my application was approved without going to the judge.
Hope that answers a lot of things.
-----------------------------------------------------------------
Chandresh
Advice is free – lessons I charge for!!
Quote:
Well - since you already have a first experience of Canada without even stepping in here - and obviously it does not please you, may I know why you would in the first place insist on getting a citizenship of this place when you already have a PR and come and live here whenever, and if ever, you decide to?
And if you have a solid reason, why not wait 7-8 years instead of 3-4 years? I would simply like to understand what possibly could be so important for anyone - not particularly you - purely from knowledge purpose.
She would like to have (not insist as you have said) the citizenship because of obvious reason:
Human nature - People like to have many options in their life. They might not use them all, but sure - everybody likes to have many avenues open. I think that's why you tried for Singapore citizenship, bacame cdn citizen and I remember your post where you said that you were thinking of US green card (investor option or something similar). On the similar lines, I will not be surprised if in the future you apply for the PIO/OCI card - if you do not have one already!!
I hope this answers your question.
Chandresh thanks for your replies, yes you are correct, my husband only suggested and we intend to live atleast 2 yrs before we put in the application.
You are right again paying Canadian taxes is of no help in immigration/ctz.
My hubby is been working with this co. since last 5-6 yrs and the co. sponsored our PR too. It’s only Ctz I was worried for. He has his professional commitments we just can’t leave the co. or try for another jobs to be in Canada.
Cdn dude is also right Chandresh, me and my hubby both are out of India for the past 8-10 yrs respectively, I just wanted the Ctz for my 3 yrs old twins and eventually to go back to India. Don't want kids to complain that because their parents were terribly homesick (though we visit India every year) we took the opportunity from their hands, let them choose of East-West whomever they want their home. The sooner ctz the sooner our return. I've left everything on God...it’s too early to say anything now. Till yesterday I assumed that our days out of Canada will be counted in for Ctz, the truth is depressing indeed.
Jona
Quote:
Originally posted by chandresh
Quote:
Originally posted by maniivannan
You can not just like that give it a try. You are promising the Canadian government that you lived in Canada for 1095 days in your application. When your passport clearly says that you did not live in Canada for 1095 days, I don’t think somebody wants to try that.
Quote:
Originally posted by chandresh
Unless I am not reading something clearly written there, I do not see Jonav saying that they intend to write on the application that they have lived in Canada for 1095 days. She has clearly stated that her husband suggests that they apply as per facts and see what citizenship judge has to say (because this case will reach citizenship judge ONLY if the condition of physical stay is not fulfilled).
Jonav, correct me if I am wrong in interpreting your and Manis posts.
****When you dont have 1095 days, you application does not even go to Citizienship Judge, atleast i know of, not in Windsor because there is no Citizienship Judge in windsor. This is the case in many parts of Ontario. Only way your application goes thru the first step is, when you write 1095 days calculation sheet. The case gets transfered to the appropriate regional office only if it meets the basic requirements.
Quote:
Originally posted by maniivannan
My best suggestion would be,
1. File your tax return in Canada and claim your foreign tax credits.
2. If you have Health Cards, inform OHIP that you are not in the country and surrender your health cards. (You should carry your health card only if you live more than 3 months continuously in ON) You can get this back once you started living in ON.
3. If you cant make your 1095 days within 5 years, you can renew your PR card once your five year is over. I saw they are making it easy for PR renewals. (cic.gc.ca)
4. Be straight forward the Canada government and you wont get into any trouble. You will be alright.
Quote:
Originally posted by chandresh
That really does not help in answering Jonav's original querry and worry!
*******My point # 2 starts with \"If you have health cards\"..so filing tax is to get the health cards back if you surrender it. I had gone thru this. I surrendered my health cards honestly and paid taxes to get option c and provided the option c along with other residential evidence to get my health cards back. Not only that, if the case ever goes to Judge, the first thing they ask is to provide the evidence that she lived in canada. Option c is always prefered in that situation.
Quote:
Originally posted by maniivannan
I can imagine your situation, it really sucks. I always appreciate canadian government by all means, but the only thing I blame canada is not creating opportunity for the immigrants. We are all economic immigrants and highly talented. Bitter truth is Canada does not have system to adopt each one of us. If it can provide employment, Your husband does not have to work in Brazil, and I do not have die in Windsor and cross the border everyday!
Quote:
Originally posted by chandresh
Well that is a tall assumption that Jonav's husband in working in Brazil because of not being able to get a job in Canada commensurate to his qualifications. Well, may be his special qualification that most Canadians do not have got him that job. Or may be this job is more rewarding in matter of experience, or salary or challanges or even fun!
***********In page # 1 she asked me to share my experience since i am working in US. FYI, As you said, Judge does not give a crap if you are out of country for salary or fun. If that is the case, every PR holder will be living in SFO for fun and applying for Citizenship.
Quote:
Originally posted by maniivannan
That sucks.
Quote:
Originally posted by chandresh
Yeah it does - I mean your post!
*******CAHNDRESH, My post did not suck, but YOUR ATTITUDE!
Good Luck.
