Extending PR or getting citizenship

[andyandy]

Hi All

First of all thanks for taking time to read.
I came to Canada in 2009 Sept. and lived till Dec 2009 on PR.I was out for 35 days only (Dec 9 to Jan 13) and then came back again.
My USA green card application was just approved and I need to land USA before August 5th.I love it here as well but have a full time job offer in USA.I do want to get citizenship of Canada. Can someone please help me that what are my options ?I guess I will be eligible for citizenship by Oct 15 2012 but I need to land US before that.

-Should I move to USA and can renew my PR card(I have lived more than 800 days)
And later complete citizenship process?
-Should I land to USA and come back to finish citizenship time period?
-Any other thoughts

Appreciate your help!

Andy

 

[MSP2YYZ]

Someone else may have a different answer, but I don't think it is possible to be a PR of USA and Canada at the same time.

 

[Leon]

Sure you can be a PR of the US and Canada at the same time but don't go advertising it to the immigration officers at the border. They might not like that. However, no law against it but they might question your loyalties.

The residency requirements for Canada PR is being in Canada at least 730 days out of any rolling 5 year period and for the US, it is a bit more unclear but generally you should not be out of the US for more than 12 months in one go and preferably not for more than 6.

Therefore, if you live in Canada for 6 months of the year and the US for 6, you have covered both. If you live in the US and work in Canada or vice versa, you have also covered both because Canada will count towards your residency requirements any part of a day that you are in Canada so you do not actually have to live in Canada but every day you spend still counts.

It is up to you what you want to do. I suppose your PR card will expire in 2014. You will be able to renew it then because you will meet the requirements but once you have lived outside Canada for 3 years straight, you do not meet them any more. If you can stay until you can qualify for citizenship, that would be better. You can apply for it, then move to the US. Just make sure you keep a mailing address so you can come back for your test and oath.

 

[andyandy]

Many thanks Leon for your input. I also prefer the same that it to fulfill the citizenship requirement.
Many thanks!
Andy

 

[andyandy]

Hi Leon and fellow members:

I got some more questions related to my house.I own a house in Canada.My understanding is I should sell it to avoid double taxation before I permanently move.My question however is should it be sold ONLY when I am in resident status?I heard non resident status CLOSING date may lead to some tax losses?Can someone please advise.Thanks in advance!

Thanks
Andy

 

[steaky]

Hi Leon and fellow members:

I got some more questions related to my house.I own a house in Canada.My understanding is I should sell it to avoid double taxation before I permanently move.My question however is should it be sold ONLY when I am in resident status?I heard non resident status CLOSING date may lead to some tax losses?Can someone please advise.Thanks in advance!

Thanks
Andy

Why would there be double taxation if you move to your own house in Canada? If your house had been rented out and you moved in, this would result deemed diposition and you are required to report your taxable gain or loss in your tax return.

Where do you heard of such thing as non resident closing date? Never heard of it.

 

[andyandy]

Hi

Thanks for the replies.But I think my question was not very clear reagrding real estate /home for non resident Canadians:

Below site says
steveorealestate.com/PDF/oct03_tax_guide_ind.pdf
I am not understanding it fully,so I am re reading and trying again

 

[steaky]

Hi

Thanks for the replies.But I think my question was not very clear reagrding real estate /home for non resident Canadians:

Below site says
steveorealestate.com/PDF/oct03_tax_guide_ind.pdf
I am not understanding it fully,so I am re reading and trying again

The above link only tells you what tax obligation when you sell or rent out your real property while you are non resident of Canada for tax purposes. It did not mentioned that you have to pay double taxation when you move to your Canadian house permanently!

What is the status of your house? If it is rented out and you are non-resident of Canada, you should be filing the NR6, withhold 25% of your rental income and remit to CRA and file a tax return...; If you still keep it as a home, you may be consider as a "resident" for tax purposes!

 

[andyandy]

Thanks for the reply!

It is for future planning .I am still a resident and still live in the house.My query is in case if I sell it while on non resident status,
what are the consequnces,

What I understand is I will have to get a certificate of complaince in 10 days from CRA.Am I correct in understanding that if I am a non resident & I don't get compliacne certificate within 10 days of selling, buyer will have to remit 25% to CRA (if its not rented out)And if I do get certificate of compliance ,then 25% is not to be deposited to CRA?

Thanks you all for replies!!
Andy