Canadian PR or Canadian citizens and US green card

[Dr_Eng_X 0]

I tried to find information before posting, however, I could not. Can someone explain the following:
How is your social insurance number linked to your social security number? Do you link them together by yourself so you will file taxes in only one country?

How do you establish residency in either? Is there a way to maintain residence in both if your S/O lives the majority of the year in Canada while you live the majority in US? I am very confused and hope if someone can help

[SteveInBostonI130 3,467]

There is only 1 residency at a time.  You can be a dual citizen, but your residency is typically where you spend 183+ days a year.  Where your spouse spends 183+ days a year is his/her residency. 

 

You file taxes for each country as required, using the SSN for US and the Canada tax number for Canada.  The two tax numbers are not "linked".

 

Also, who is the US immigrant? Whoever that is needs to reside in the US, otherwise their LPR status can be revoked.

 

 

 

[appleblossom 2,694]

More info is needed really. Is one person a Canadian citizen and one a USC? And you’re hoping the Canadian citizen can get a green card and the US citizen can maintain their Canadian PR status? 
 

If the US citizen resides with the Canadian citizen then they will maintain their PR status even if living outside of Canada. Time spent with a Canadian citizen spouse in any country counts as time spent inside Canada for residency obligation purposes. 
 

However, the US has no such leniency and is much more strict. So the US citizen/Canadian PR may be able to ‘have their cake and eat it’ and live in either place after any amount of time out of the country, the other person can’t until they have dual citizenship. 

Edited July 4, 2023 by appleblossom

[Dr_Eng_X 0]

3 hours ago, SteveInBostonI130 said:

There is only 1 residency at a time.  You can be a dual citizen, but your residency is typically where you spend 183+ days a year.  Where your spouse spends 183+ days a year is his/her residency. 

 

You file taxes for each country as required, using the SSN for US and the Canada tax number for Canada.  The two tax numbers are not "linked".

 

Also, who is the US immigrant? Whoever that is needs to reside in the US, otherwise their LPR status can be revoked.

 

 

 

Thanks

[Dr_Eng_X 0]

2 minutes ago, appleblossom said:

More info is needed really. Is one person a Canadian citizen and one a USC? And you’re hoping the Canadian citizen can get a green card and the US citizen can maintain their Canadian PR status? 
 

If the US citizen resides with the Canadian citizen then they will maintain their PR status even if living outside of Canada. Time spent with a Canadian citizen spouse counts as time spent inside Canada for residency obligation purposes. 
 

However, the US has no such leniency and is much more strict. So the US citizen/Canadian PR may be able to ‘have their cake and eat it’ and live in either place after any amount of time out of the country, the other person can’t until they have dual citizenship. 

Very interesting, I did n't know that a Canadian PR can be with a Canadian outside Canada and it would still count towards their residency

[appleblossom 2,694]

4 minutes ago, Dr_Eng_X said:

Very interesting, I did n't know that a Canadian PR can be with a Canadian outside Canada and it would still count towards their residency

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10
 

HTH. 

[SteveInBostonI130 3,467]

15 hours ago, appleblossom said:

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10
 

HTH. 

 

 

I believe the keyword there is "travel with".   Back in my college years I met several Canadians who took a gap year to travel extensively.   One set got a continuous ticket on Air Canada - they got unlimited stops for 1 year, but had to travel in the same direction - East.  Stopped in Europe, Middle East, India, SE Asia, Australia, etc and finally in San Francisco before returning to Toronto.  8 or 9 months.

 

Immigration tends to complicate matters.  If the USC who is seeking Residency status in Canada is living with a Canadian spouse that Immigrated to the US, I do not think the linked policy would work.  I do know that Canadians loose their CA benefits like healthcare when they immigrate to the US, and I assume this is one of those perks that is also lost.  Best to consult an immigration attorney.  A Canadian immigration attorney, in this case.

[appleblossom 2,694]

22 minutes ago, SteveInBostonI130 said:

If the USC who is seeking Residency status in Canada is living with a Canadian spouse that Immigrated to the US, I do not think the linked policy would work.  I do know that Canadians loose their CA benefits like healthcare when they immigrate to the US, and I assume this is one of those perks that is also lost.  

Provincial healthcare would be lost after x amount of time, yes (depends on the province, most are 6 months residency per year to maintain it).

 

But any Canadian PR living in the US with a Canadian citizen spouse would absolutely keep their Canadian PR status, even if they don't set foot in Canada for many years. Here's the relevant Op Manual for a bit of light reading - https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

 

 

Edited July 5, 2023 by appleblossom

[Dr_Eng_X 0]

1 hour ago, SteveInBostonI130 said:

 

 

I believe the keyword there is "travel with".   Back in my college years I met several Canadians who took a gap year to travel extensively.   One set got a continuous ticket on Air Canada - they got unlimited stops for 1 year, but had to travel in the same direction - East.  Stopped in Europe, Middle East, India, SE Asia, Australia, etc and finally in San Francisco before returning to Toronto.  8 or 9 months.

 

Immigration tends to complicate matters.  If the USC who is seeking Residency status in Canada is living with a Canadian spouse that Immigrated to the US, I do not think the linked policy would work.  I do know that Canadians loose their CA benefits like healthcare when they immigrate to the US, and I assume this is one of those perks that is also lost.  Best to consult an immigration attorney.  A Canadian immigration attorney, in this case.

My potential immigration situation is a bit complicated and it has a mix of laws both Canadian and US laws. 

[Ontarkie 14,280]

7 hours ago, appleblossom said:

Provincial healthcare would be lost after x amount of time, yes (depends on the province, most are 6 months residency per year to maintain it).

 

But any Canadian PR living in the US with a Canadian citizen spouse would absolutely keep their Canadian PR status, even if they don't set foot in Canada for many years. Here's the relevant Op Manual for a bit of light reading - https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

 

 

Provincial health care is gone as soon as one enters the US and that PR stamp is placed in the passport. BC is one of the that ppl self pay in advance and they will have an extra 30ish days. The 6 months is for Canadian residents who travel out of Canada for 6 months for pleasure. Such as snow birds who go to Florida or Arizona. They never become a US resident so they do not give up their Canadian residency. 

 

As long as the Canadian PR is living in the US with a Canadian spouse that counts for the Canadian citizenship requirements. 

[appleblossom 2,694]

44 minutes ago, Ontarkie said:

Provincial health care is gone as soon as one enters the US and that PR stamp is placed in the passport. BC is one of the that ppl self pay in advance and they will have an extra 30ish days. The 6 months is for Canadian residents who travel out of Canada for 6 months for pleasure. Such as snow birds who go to Florida or Arizona. They never become a US resident so they do not give up their Canadian residency. 

 

As long as the Canadian PR is living in the US with a Canadian spouse that counts for the Canadian citizenship requirements. 

It doesn't count for Canadian citizenship requirements, only for PR residency obligations. Citizenship requires physical presence in Canada of at least 1095 days in 5 years.

 

BC also doesn't require payment (MSP fees were scrapped several years ago) and most provinces just have a minimum amount of days you need to be resident. But the OP hasn't asked about healthcare and I'm assuming is just focusing on the visa/residency side of things for now. 

Edited July 5, 2023 by appleblossom

[Dr_Eng_X 0]

44 minutes ago, Ontarkie said:

Provincial health care is gone as soon as one enters the US and that PR stamp is placed in the passport. BC is one of the that ppl self pay in advance and they will have an extra 30ish days. The 6 months is for Canadian residents who travel out of Canada for 6 months for pleasure. Such as snow birds who go to Florida or Arizona. They never become a US resident so they do not give up their Canadian residency. 

 

As long as the Canadian PR is living in the US with a Canadian spouse that counts for the Canadian citizenship requirements. 

how is health care linked to your PR stamp? how is CCB linked?

[Ontarkie 14,280]

1 minute ago, Dr_Eng_X said:

how is health care linked to your PR stamp? how is CCB linked?

The date on your exit taxes is the date on your stamp. They are slow to connect the dots but have been cracking down of health care fraud. The borders computers are link they do share information. 

Edited July 5, 2023 by Ontarkie

[Dr_Eng_X 0]

28 minutes ago, Ontarkie said:

The date on your exit taxes is the date on your stamp. They are slow to connect the dots but have been cracking down of health care fraud. The borders computers are link they do share information. 

what is the relation between exit taxes and passport stamp? border computers? very confused!

[Ontarkie 14,280]

1 hour ago, Dr_Eng_X said:

what is the relation between exit taxes and passport stamp? border computers? very confused!

Sorry for the confusion. When you cross into the US to activate your visa that is when you become a US PR. That is also when you lose Canadian health care. Exit taxes are the taxes you will file for the Canadian taxes. All date will have the date of when you crossed to endorse your visa. I mentioned the US/Can borders as information is shared and they will see dates. 

 

Let me answer the below separately to help

On 7/4/2023 at 6:41 AM, Dr_Eng_X said:

I tried to find information before posting, however, I could not. Can someone explain the following:
How is your social insurance number linked to your social security number? Do you link them together by yourself so you will file taxes in only one country?

How do you establish residency in either? Is there a way to maintain residence in both if your S/O lives the majority of the year in Canada while you live the majority in US? I am very confused and hope if someone can help

1. No you cannot link your SSN with the SIN. Some ppl have had luck with certain credit cards/banks to link their credit history. Taxes will need to be filed the first year to close out the year with Canada these are called exit taxes by most of us. Now if you never earn another cent in Canada you will not have to file Canadian taxes after that. If there is a Canadian source of income then both taxes will need to be filed yearly. 

 

2. For US immigration the immigrant cannot claim to have residency outside the US. Doing so can cause loss of your US PR status. How do you set up residency in the US. Well it starts with arriving at the border, the one with the visa gets the stamp in their passport. Then you arrive to the city/state you want to call home and start getting things like an address, DL. But you are pretty much a resident for all intents and purpose immigration wise once you endorse the visa. 

2b. If your S/O is staying in Canada who is the soon to be PR? Is this staying in Canada something while the USC is moving back ahead of the spouse while waiting out the process? If you're talking about the two of you flipping back and fourth between the two countries this will be much more difficult then you think. The GC is for living in the US the majority of the time. If the BCP starts to see a pattern they will tell you to pick a country. It has happened before.