child benefits with a non-resident spouse

[catwomancat]

Hi everyone,
Hope all is well.

I have a couple of queries and was wondering if someone can help please.

I landed with my child and spouse about a year ago in Canada. But my husband left the country directly as he has no intention of residing in Canada in the near future. I still have not found a job in Canada so I am drawing on my savings, but I have filed a tax return for myself with zero income. On the other hand, my husband (who works overseas) has not filed his tax return because he does not reside in Canada and does not have any ties except us, and when he visits every 5 months he stays very briefly.

My queries are:

- Are we correct in our understanding that he is a non-resident and does not have to file Tax declaration in Canada? considering that his only ties to Canada is the fact that my child and I have moved there?
- Can I apply for the Canada Child Tax benefit if only me has filed the tax declaration? I was hoping to apply for ON smiles for my child as well because she has weak teeth and we cannot afford the dentists in Canada.

Thank you in advance for your answers.

 

[PMM]

Hi

Hi everyone,
Hope all is well.

I have a couple of queries and was wondering if someone can help please.

I landed with my child and spouse about a year ago in Canada. But my husband left the country directly as he has no intention of residing in Canada in the near future. I still have not found a job in Canada so I am drawing on my savings, but I have filed a tax return for myself with zero income. On the other hand, my husband (who works overseas) has not filed his tax return because he does not reside in Canada and does not have any ties except us, and when he visits every 5 months he stays very briefly.

My queries are:

- Are we correct in our understanding that he is a non-resident and does not have to file Tax declaration in Canada? considering that his only ties to Canada is the fact that my child and I have moved there?
- Can I apply for the Canada Child Tax benefit if only me has filed the tax declaration? I was hoping to apply for ON smiles for my child as well because she has weak teeth and we cannot afford the dentists in Canada.

Thank you in advance for your answers.

You have to report your spouse's overseas income.

From the http://www.cra-arc.gc.ca/bnfts/cctb/fq_qlfyng-eng.html#q3


If your spouse or common-law partner is a non-resident of Canada during any part of the year, you must complete Form CTB9, Canada Child Tax Benefit - Statement of Income for each year or part of a year he or she is a non-resident of Canada.

 

[Leon]

As you see here: http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html

Significant residential ties to Canada include:
•a home in Canada;
•a spouse or common-law partner in Canada; and
•dependants in Canada;

So although your husband himself does not spend a lot of time in Canada, he is still married to you and providing for you and your child and he is benefitting in the way that you and your child are enjoying health care in Canada as well as your child is or will be attending public schools in Canada, both of which are paid for by tax revenue.

 

[catwomancat]

I see. Thank you so much for the information, appreciate it.