US citizen giving up landing oppotunity??

[gaiamaster]

Hi there,

I hope someone can help me with this question. I sponsored my parents to immigrate to Canada under family class. My mother is of Chinese nationality, but my step-father is a US citizen and holds a US passport. They both receive the visa for landing in Canada recently (in my step-father's case, a piece of paper instead of a visa because of his US citizenship). My mother is the main applicant of the immigration application, with my step-father being the dependent. After a long debate, it seems my step-father is more leaning towards the idea of living in Canada as a US citizen, instead go with a dual citizenship, possibly for tax purpose. Is it possible for my mother to land alone? And my step-father tosses out that piece of paper for landing, and what's the possible consequence aside from no longer being able to become a Canadian citizen? Or, they should really be informing Immigration Canada? if so, will that affect the main applicant's landing? Sorry for the multiple questions, and thanks in advance for your help.

Vc

 

[cheng9999]

Hi there,

I hope someone can help me with this question. I sponsored my parents to immigrate to Canada under family class. My mother is of Chinese nationality, but my step-father is a US citizen and holds a US passport. They both receive the visa for landing in Canada recently (in my step-father's case, a piece of paper instead of a visa because of his US citizenship). My mother is the main applicant of the immigration application, with my step-father being the dependent. After a long debate, it seems my step-father is more leaning towards the idea of living in Canada as a US citizen, instead go with a dual citizenship, possibly for tax purpose. Is it possible for my mother to land alone? And my step-father tosses out that piece of paper for landing, and what's the possible consequence aside from no longer being able to become a Canadian citizen? Or, they should really be informing Immigration Canada? if so, will that affect the main applicant's landing? Sorry for the multiple questions, and thanks in advance for your help.

Vc

There is nothing to lose for your step-father to land. He will not become a Canadian citizen until he qualifies, and chooses to apply for it. He doesn't have to become a Canadian citizen and can continue be a PR indefinitely.

If he has no income in Canada, then he doesn't even have to file a tax return, although he may choose to anyway to get some GST credits, as well as to qualify for lower medical premiums (for those provinces that apply). If he does not live in Canada more than 183 days/year, then he may be considered a non-resident for tax purposes. (If he does this, the less ties he has, the better, including not having medical in Canada...then again, not having medical in Canada would be a problem in itself, so has he thought about this at all?).

If your step-father lives in Canada for more than 183 days/year, it may not matter if he is a PR or not, as there is a category called "deemed residents" for tax purposes as he has significant ties in Canada, such as his spouse and close relatives.

So it really depends on what your mother and step-father plans for the future. This is a personal opinion, but there is nothing to lose for your step-father to land and get PR, and figure things out later. With US and Canada in a tax treaty, he would not be paying double taxes even if he does have income.

 

[Rob_TO]

Your step-father is confused. He would be landing as a permanent resident of Canada, NOT a citizen.

After living in Canada for 4 years as a PR, they would then have the option to apply for citizenship. If a PR doesn't want to apply for citizenship, they never have to and can live in Canada as a PR forever.

If he throws away the COPR and never gets Canadian PR, he will never then be able to live in Canada. He would only be able to visit, and after some time would be forced to leave back to the US. If Canada thinks a US citizen is attempting to live in Canada without proper status, they can be banned from entering.

 

[Pitt1234]

Your step father is confused. First, without a PR he would be a visitor to Canada and he can stay "at max" for 6 months. And that too is determined by Canadian border folks. After that, he would need to leave. If he extends his stay, he could be deported from Canada. Second, landing as a PR doesn't make him a citizen of Canada. Third, without Canadian PR, he would not get Canadian healthcare and to the best of my knowledge he won't be eligible for US medicare/medicaid too as he is away from US. He will have to spend upwards of 10K to buy health insurance in Canada, given his age. And furthermore, since he is a US citizen, he will still have to file US taxes.

It doesn't make any sense for him to not get a Canadian PR if he intends to stay with his wife in Canada.

Hi there,

I hope someone can help me with this question. I sponsored my parents to immigrate to Canada under family class. My mother is of Chinese nationality, but my step-father is a US citizen and holds a US passport. They both receive the visa for landing in Canada recently (in my step-father's case, a piece of paper instead of a visa because of his US citizenship). My mother is the main applicant of the immigration application, with my step-father being the dependent. After a long debate, it seems my step-father is more leaning towards the idea of living in Canada as a US citizen, instead go with a dual citizenship, possibly for tax purpose. Is it possible for my mother to land alone? And my step-father tosses out that piece of paper for landing, and what's the possible consequence aside from no longer being able to become a Canadian citizen? Or, they should really be informing Immigration Canada? if so, will that affect the main applicant's landing? Sorry for the multiple questions, and thanks in advance for your help.

Vc

 

[gaiamaster]

great answers. It all makes sense. Thanks for the help.