Eligibility for Canadian Citizenship - international non-resident cross border income tax help estate family trust assistance ex


QUESTION:

Hi, I am an Inidan citizen and am a Canadian Permanent Resident and currently working in the US, have doing so ever since marriage.

My wife is a Canadian citizen and lives on and off with me in the USA and also in Montreal, Canada.

She does not have stable job in Canada and I provide for her expenses.

So, my question is, "Can I apply for Canadian citizenship, my residency criteria being met by marriage and supporting a Canadian citizen". If so what is the procedure.
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david ingram replies:

To qualify for Canadian citizenship, you must be physically present IN Canada for 1,095 out of 1,460 days (3 out of 4 years).

To keep your permanent residence status current you must be physically in Canada for  24 months out of 60,  or 730 out of 1,825 days OR living out of the country with a Canadian Citizen.

If your wife was linving with you in the US, you could be in the US for 20 years and keep your PR card alive.

However, if your wife is living in Montreal and visiting you in the USA for a couple of months at a time, and remains a member of the Quebec Medical Plan, it is my opinion that your PR card is at risk.

Even if she was living with you on a full time basis and you were supporting three children, it would NOT qualify you for Candian
citizenship if you are not physically living in Canada, or,  in your case,  the province of Quebec.

To keep her Quebec medical alive, your wife must be in Quebec 183 nights or more.

Now, Quebec is a different animal when it comes to immigration.  If you talk to the immigration people in Quebec itself, they may give you a different answer because they are eager to encourage immigration to Quebec and their rules do superseded the Federal rules to some degree. 

However, if you do get a contrary opinion (to mine) from a Quebec government official, make sure that you have it in writing with your name on it and that it specifically describes YOUR situation and applies to YOU. THEN, make sure that you live within the parameters in your comfort letter and do not change them one bit.  If the letter says that your wife has to be with you in the US for four months a year (as an example), make sure that you have documentary proof that she 'was there' for four months a year.
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david ingram wrote:
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Calls welcomed from 10 AM to 9 PM 7 days a week  Vancouver (LA) time -  (please do not fax or phone outside of those hours as this is a home office)
 
 
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation  in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
 
Be ALERT,  the world needs more "lerts"
 
David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico  family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
 
Phone consultations are $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or a phone consultation is in Canada.
 
This is not intended to be definitive but in general I am quoting $800 to $2,800 for a dual country tax return.
 
$800 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,000 would be the same with one rental
 
$1,200 would be the same with one business no rental
 
$1,200 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,500 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,600 would be for two people with income from two countries

$2,800 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $150.00 up.
 
With a Rental for $350
 
A Business for $350 - Rental and business likely $450
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $800 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.
 
Just a guideline not etched in stone. 
 
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention

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