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QUESTION:
Hello,
Have been truly enjoying your e-mail newsletter.
I have sent this question quite awhile ago, and haven't received the answer. (there was a time my e-mail was down, you probably tried.. sorry.)
My husband(50) is a dual citizen of Canada and USA; was granted Canadian citizenship (Jan/04) due to his mother being a Canadian. I am a Japanese citizen(51) with PR/USA. We just bought a condo which will be completed by spring/05 in Vancouver, BC, and hope to make a gradual move there over the next few years. However, we both have jobs we like in Seattle, so hoping to be residents of BC while continuing to work at least p/t in Seattle. I have various questions to prepare our move in financially/legally most effective ways.
As for legal aspects, if you don't deal with them, could you refer me an immigration lawyer?
1) I (a Japanese citizen with PR/USA) want to become a landed Canadian citizen down the road. I heard that as person married to a Canadian citizen, I can start a process of applying for PR/Canada now although my Canadian spouse and myself are nonresident of Canada now? Also, I need to be living 2 years in Canada, out of 5 years of PR status, before I can apply for Canadian citizenship?
2)We will be leasing out the condo we purchased once it is completed next spring, until we sell our home in Seattle area some years down the road, then we plan to make the condo our resident, and commute to Seattle 2-4 days/week to work (and stay in Seattle for the duration of the week).
I understand that Canada will tax us for the income from USA. Will this be a situation of a double taxation?
3) Are there other tax/legal considerations we need to know as we prepare for this plan during the next few years?
4) My application for PR/Canada, then eventually for a citizenship/Canada. Will it affect my status as a PR/USA? I am presently not planning to apply for US citizenship although I have been with PR/USA for the past 20 years. My PR card will expire in 2007, but I will apply for the next card.
Do you handle immigration law as well as taxations? When we start leasing the condo in Vancouver, BC, we would like you to prepare the tax for us.
Thank you very much for assitance to us as well as all the others.
Yuki
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david ingram replies:
This really cannot be answered properly in this venue. However, I will make some observations.
1. You have to be here 2 out of 5 years to keep your PR card alive. However, if you move to Canada with a PR card, you are in danger of losing your US resident alien card. Being here two out of five years does NOT give you citizenship.
2. You can buy a place in Canada and stay here two or three days a week without a PR card and then you will not interfere with your US resident Alien Card.
3. Dozens - but all can be handled one at a time. Nothing takes affect until you go to rent the condo. Then you need a form NR-6 filled in and a Canadian agent for your rental property.
4. I do not understand why you do not take out your US citizenship. If you do that first and "then" get your PR card in three years, it sounds like it would fit into your time schedule and leave you absolutely immune to problems at the border. I have seen too many people try and do what you are proposing and lose their "green" card in the process.
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