Is NOA required to become a Canadian Citizen?

[mayple]

Can you become a Canadian citizen without an NOA i.e. if you've never had a need to file a tax return in Canada due to non-resident tax residency but you've met the physical presence requirements (the no. of days required to be physically present in Canada).

I'm trying to figure out whether one can be eligible for Canadian citizenship if they are a tax resident and routinely live in the US but are present in Canada for 1095 days in 5 years prior to the citizenship application, would they be able to still apply for citizenship, and be approved.

 

[from_india_to_canada]

How can you fulfill physical residency requirement without being a tax resident??

 

[mayple]

How can you fulfill physical residency requirement without being a tax resident??

Read the definition of physical presence on CIC website. Any day including partial days spent in Canada is considered to meet physical presence requirement.

 

[rajkamalmohanram]

Can you become a Canadian citizen without an NOA i.e. if you've never had a need to file a tax return in Canada due to non-resident tax residency but you've met the physical presence requirements (the no. of days required to be physically present in Canada).

I'm trying to figure out whether one can be eligible for Canadian citizenship if they are a tax resident and routinely live in the US but are present in Canada for 1095 days in 5 years prior to the citizenship application, would they be able to still apply for citizenship, and be approved.

Yes, you will be able to apply for citizenship if you meet the requirements. But, it is ALWAYS best to file a tax return even if you do not have any income in Canada just for documentation purposes.

However, since you are considered a non-resident for tax purposes, the chances you getting a residency questionnaire is fairly high (especially the full-blown version of the RQ). If you get a RQ, you'd have to submit extensive documentation that prove that you "actually" were physically present in Canada.

Take a look at the sample RQ requests below :

• RQ - Lite <CIT 0205> (Residency Questionnaire - 'Lite')
• RQ <CIT 0171> (This is a full-blown Residency Questionnaire)

 

[mayple]

Thanks for the info, this is helpful - looks like the RQ really looks at the details of whether you truly lived in Canada with the intention of making it a permanent residence versus not. Meaning, the citizenship application has a higher chance of denial then.

 

[wink]

Can you become a Canadian citizen without an NOA i.e. if you've never had a need to file a tax return in Canada due to non-resident tax residency but you've met the physical presence requirements (the no. of days required to be physically present in Canada).

I'm trying to figure out whether one can be eligible for Canadian citizenship if they are a tax resident and routinely live in the US but are present in Canada for 1095 days in 5 years prior to the citizenship application, would they be able to still apply for citizenship, and be approved.

Technically, yes. But as Raj mentioned, it is going to be a rough ride.

 

[rajkamalmohanram]

Thanks for the info, this is helpful - looks like the RQ really looks at the details of whether you truly lived in Canada with the intention of making it a permanent residence versus not. Meaning, the citizenship application has a higher chance of denial then.

I'm not sure if it would be "denied" per say IF you do indeed meet all the requirements but the journey will be long and arduous and might be a while before you get through the process. However, this is the case only if you receive a RQ. If you do not receive RQ, then the processing times might be akin to other people.

 

[mayple]

I'm not sure if it would be "denied" per say IF you do indeed meet all the requirements but the journey will be long and arduous and might be a while before you get through the process. However, this is the case only if you receive a RQ. If you do not receive RQ, then the processing times might be akin to other people.

Sure, but from the surface it seems like they'd check with CRA on the tax filing status, and a non-resident tax filing for all the years leading up to citizenship will likely raise the question of why the person did not file as a resident. Which will lead them to, more likely than not, conclude that the person did not establish residency in Canada enough to justify the Citizenship.

I'm living and working in the US, and am at the verge of deciding whether to move to Canada and establish permanent domicile or whether I'm able to continue my employment in the US, and meet my physical presence obligations to then be eligible for Citizenship. In that case, I'd be a non-resident for tax purposes since the employment and earnings would be in the US, and so would be the routine residence. I don't think it appears feasible

 

[rajkamalmohanram]

Sure, but from the surface it seems like they'd check with CRA on the tax filing status, and a non-resident tax filing for all the years leading up to citizenship will likely raise the question of why the person did not file as a resident. Which will lead them to, more likely than not, conclude that the person did not establish residency in Canada enough to justify the Citizenship.

I'm living and working in the US, and am at the verge of deciding whether to move to Canada and establish permanent domicile or whether I'm able to continue my employment in the US, and meet my physical presence obligations to then be eligible for Citizenship. In that case, I'd be a non-resident for tax purposes since the employment and earnings would be in the US, and so would be the routine residence. I don't think it appears feasible

Well, I'd encourage you to apply if you think you can continue to meet physical presence in Canada and RO of a PR up until the point of taking the oath of Canadian citizenship. The requirements are to be met at the time of application AND up until the time you take oath.

I personally think this will be a tough case and it is likely you'll receive a RQ request.

 

[mayple]

Well, I'd encourage you to apply if you think you can continue to meet physical presence in Canada and RO of a PR up until the point of taking the oath of Canadian citizenship. The requirements are to be met at the time of application AND up until the time you take oath.

I personally think this will be a tough case and it is likely you'll receive a RQ request.

Thanks - appreciate your thoughts and inputs!

 

[harirajmohan]

Can you become a Canadian citizen without an NOA i.e. if you've never had a need to file a tax return in Canada due to non-resident tax residency but you've met the physical presence requirements (the no. of days required to be physically present in Canada).

I'm trying to figure out whether one can be eligible for Canadian citizenship if they are a tax resident and routinely live in the US but are present in Canada for 1095 days in 5 years prior to the citizenship application, would they be able to still apply for citizenship, and be approved.

As far as i know, to avoid complication, one should file as deemed resident and pay taxes only for the days resided.
During my first year of move, i havent paid additional tax since my income during resident days was partial. And I havent paid additional tax even for other years while staying fulltime residency in windsor as we have exemptions such as RRSP(i.e. 401k).

For not paying tax, we dont need to complicate things by filing non-resident.

1. Sure, but from the surface it seems like they'd check with CRA on the tax filing status, and a non-resident tax filing for all the years leading up to citizenship will likely raise the question of why the person did not file as a resident. Which will lead them to, more likely than not, conclude that the person did not establish residency in Canada enough to justify the Citizenship.

2. I'm living and working in the US, and am at the verge of deciding whether to move to Canada and establish permanent domicile or whether I'm able to continue my employment in the US, and meet my physical presence obligations to then be eligible for Citizenship. In that case, I'd be a non-resident for tax purposes since the employment and earnings would be in the US, and so would be the routine residence. I don't think it appears feasible

1. No issues as i have an option explained above.
2. Why do you think you would become non-resident when you are adding residence days in Canada? You can never be non-resident when you stay partially in Canada. I am not sure on what basis are you saying that you would be non-resident. You wont be non-resident just because you are earning in US or partially staying in Canada.
I dont know if you are thinking to just drive everyday to Canada to accumulate residency. I dont know if you can do it as not officers wont allow i guess but not sure 100%.
But as explained at the first para, you can simply move to Canada and wont be required to pay taxes hence wont be a big deal on getting citizenship. You can easily simply play by the books without any additional cost and get citizenship without any hiccups.

 

[mayple]

As far as i know, to avoid complication, one should file as deemed resident and pay taxes only for the days resided.
During my first year of move, i havent paid additional tax since my income during resident days was partial. And I havent paid additional tax even for other years while staying fulltime residency in windsor as we have exemptions such as RRSP(i.e. 401k).

For not paying tax, we dont need to complicate things by filing non-resident.

Not sure if I understand this. I'm not looking at tax evasion, and am very happy to pay whatever tax is owed. Its more to do with figuring out whether Citizenship requires/expects that I must have resided (i.e. rented/owned a property and stayed in that property for the 1095 days) versus maintaining physial presence (which does not necessarily mean that I rented/owned a property)

1. No issues as i have an option explained above.
2. Why do you think you would become non-resident when you are adding residence days in Canada? You can never be non-resident when you stay partially in Canada. <Not sure if I agree with this. Tax residency is dependent on several factors, many that can make you a non-resident if you do not meet the criteria in any given year>I am not sure on what basis are you saying that you would be non-resident. You wont be non-resident just because you are earning in US or partially staying in Canada.
I dont know if you are thinking to just drive everyday to Canada to accumulate residency. I dont know if you can do it as not officers wont allow i guess but not sure 100%.
But as explained at the first para, you can simply move to Canada and wont be required to pay taxes hence wont be a big deal on getting citizenship. You can easily simply play by the books without any additional cost and get citizenship without any hiccups.

Yes, day trips to Canada - either drive or fly to meet the required number of days contributing to physical presence. Whether CBSA allows or not is a different matter. If they don't, well then I don't care about the Canadian residency, and the entire process will end there. But otherwise, so long as I am a PR, I am legally afforded a right to enter and leave the country at my will. But I want to make sure its worth doing that. My intention to remain in Canada is long term obviously which includes retirement years, but during my working years I have to pursue my career wherever I get the best opportunity.

 

[wink]

You can never be non-resident when you stay partially in Canada. I am not sure on what basis are you saying that you would be non-resident. You wont be non-resident just because you are earning in US or partially staying in Canada.

I think residency for the purpose of tax is decided considering various parameters. Sometime just number of days are not enough. It could based on where is your family live, do you own a property, primary bank account, etc... Just for example, his primary residence could be in US and staying in hotel/airbnb whenever visits Canada, in this case even if he has physical presence he may not be considered "tax resident". Just my thoughts, I could be wrong.

 

[harirajmohan]

Yes, day trips to Canada - either drive or fly to meet the required number of days contributing to physical presence. Whether CBSA allows or not is a different matter. If they don't, well then I don't care about the Canadian residency, and the entire process will end there. But otherwise, so long as I am a PR, I am legally afforded a right to enter and leave the country at my will. But I want to make sure its worth doing that. My intention to remain in Canada is long term obviously which includes retirement years, but during my working years I have to pursue my career wherever I get the best opportunity.

if you are day trip away then you can very well move. it seems you dont worry about losing PR but you have long term plan in Canada.
You dont need to give up your "career" since you can still work in US as you would be just commuting (due to being within commutable distance). So i dont know how your career will encounter any problem and why you cant simply move to avoid all these issues/hassle.
Seems you are just fixed up a plan with day trip and dont want to move.

What most/others do(including myself 15 years ago):
Career, job, etc etc dont last long. Many ready to loose PR while they are still young in 20s-30s or even till 40z(or till kids are young). The panic button gets reset only when we get tired of doing job/situation of visa uncertainty(/kids aging out of dependent visa etc) which happens only at the later stage during which we are at the stage of not going to be easily qualified for the same PR, which one would have easily gotten years ago.

 

[mayple]

if you are day trip away then you can very well move. it seems you dont worry about losing PR but you have long term plan in Canada.
You dont need to give up your "career" since you can still work in US as you would be just commuting (due to being within commutable distance). So i dont know understand how your career will encounter any problem and why you cant simply move to avoid all these issues/hassle.
Seems you are just fixed up a plan with day trip and dont want to move.

What most/others do(including myself 15 years ago):
Career, job, etc etc dont last long. Many ready to loose PR while they are still young in 20s-30s or even till 40z(or till kids are young). The panic button gets reset only when we get tired of doing job/situation of visa uncertainty(/kids aging out of dependent visa etc) which happens only at the later stage during which we are at the stage of not going to be easily qualified for the same PR, which one would have easily gotten years ago.

Correct - its where I'm trying to make a decision because overall it will be too much of a pressure to manage everything. I just noticed your signature, and it looks like even after meeting the citizenship criteria, the citizenship approval process is more than a year. So easily 4-6 years have to be allocated to this process.