duel residency to retain Canadian Health Insurance

[moondancer627 0]

My husband has residency in Alberta/ landed immigrant from Austria in 1995.

He just got his green card here.

He needs to maintain residency in Alberta to keep his health coverage, then he wants to work down here in the winter's to stay warm. He is going to put me on a family health plan up there too, so I will start spending summers up there with him.

Anyone have two residency's?

Here in US and there in Canada?

thanks for any answers.

Moondancer

[Kathryn41 3,205]

It doesn't work that way, sorry. You cannot live as a permanent resident part-time in Canada and a permanent resident part time in the US. Both Canada and the US require a permanent resident to maintain primary residency ties with them in order to be counted as a permanent resident. He cannot be resident in the US and in Canada at the same time, it is either one or the other. He cannot maintain US residency as a landed immigrant if he is resident in another country. The US will consider that he has abandoned his residency and will confiscate his Green Card. He cannot claim Canadian residency if he is considered a permanent resident of another country. The only way someone is able to live in both countries is to be a citizen of both. That way one is able to travel freely back and forth between two residences - and pay tax in both countries since each will consider the person their primary resident. It is illegal to claim benefits under a Provincial Health Insurance programme unless you are a bona fide resident of that Province. If he has qualified for his AOS it means that the US considers him a US resident. Alberta will also consider him a US resident because that is his status. He has already left the PRovince - he has just failed to notify them yet - and to try and claim benefits under a Provincial Health care plan is fraud. By the same token, you will not be allowed to be put on a Canadian Provincial health plan because it doesn't work via spousal benefits. It is based on residency and you have to prove your legal right to Canadian residency in order to obtain health care benefits. You need to submit proof of identification and proof of residency in order to obtain coverage. If you do not have a Canadian birth certificate you need to submit your immigration or citizenship document along with your proof of residency documents. To try and be a US resident and claim Canadian Provincial residence benefits is considered fraud by the Canadian Provincial health insurance plans. Seriously re-think this plan because it is not legal in either Canada or the US.

[cmartyn 0]

As long as you meet the test that Alberta has for residency you are ok in this. If you both want coverage you both need to meet the test.

you must be

1) legally entitled to be or to remain in Canada and makes his/her permanent home in Alberta;

2) committed to being physically present in Alberta for at least 183 days in a 12 month period (NOTE: Periods of temporary absence will be counted as being physically present in Alberta. If you are planning to be away for more than six months, contact our office.);

3:) not claiming residency or obtaining benefits under a claim of residency in another province, territory or country;

4) any other person deemed by the regulations to be a resident not including a tourist, transient or visitor to Alberta.

[raymaga 25]

Kathryn is absolutely right. It would be wonderful if it were that easy, but it's not.

I intend to become a U.S. citizen next year and then I will be able to reside in either Canada or the U.S. whenever I want. But my U.S. citizen husband will not be able to reside in Canada with me and have Canadian medical coverage, so we are now looking into him becoming a Canadian citizen sometime in the future.

[LaL 418]

awesome post Kat! spot on.

[Reba 2]

this could seriously jeopardize his US green card if he claims to have Alberta residency to continue his health coverage there. Whether or not the Alberta rules are sketchy about residency for coverage, the US rules regarding residency to keep your green card are not.

And for a non-Canadian spouse to be covered under a provincial health plan is not possible. You would have to have legal residency in Canada to be eligible. You can't just go up for half a year visit and expect to be covered.

See their website for more info:

Who is Eligible?

Coverage under the AHCIP is available to all eligible residents and their dependants. No eligible Alberta resident will be denied coverage.

An eligible resident of Alberta is a person who is:

http://www.health.gov.ab.ca/ahcip/ahcip_eligibility.html

legally entitled to be or to remain in Canada and makes his/her permanent home in Alberta;

committed to being physically present in Alberta for at least 183 days in a 12 month period (NOTE: Periods of temporary absence will be counted as being physically present in Alberta. If you are planning to be away for more than six months, contact our office.);

not claiming residency or obtaining benefits under a claim of residency in another province, territory or country;

any other person deemed by the regulations to be a resident not including a tourist, transient or visitor to Alberta.

[Jersey Girl 2]

moondancer, I'm a dual citizen of Canada and the U.S. but can only be a legal resident of one country at a time. Since moving from Ontario to the States last year, I had to give up my health insurance there.

The only way people can retain their Canadian health insurance is if they're snowbirds, vacationing down south for a half year, but not working. They cover themselves with travel medical insurance while in Florida and then head back north.

But the scheme you described is not allowed, even if you were both duals. You need to pick a country and live there.

Edited August 10, 2006 by Jersey Girl

[zimmy64 0]

You should check with a lawyer to fully understand your options. Since he's been in Canada since 1995, he could have probably become a Canadian citizen, which would have at least solved the problem of having permanent residency in two countries. Although, I'm not sure if his Canadian immigrant status has technically been abandoned when he got his greencard or not... ask a lawyer.

Here's a good link to maintain U.S. permanent residency on the web: http://www.americanlaw.com/maintlpr.html.

Interestingly, the law does not put a time limit as to how long you can stay outside the US and not lose your greencard, only your intention to come back to the US.

Good luck.

My husband has residency in Alberta/ landed immigrant from Austria in 1995.

He just got his green card here.

He needs to maintain residency in Alberta to keep his health coverage, then he wants to work down here in the winter's to stay warm. He is going to put me on a family health plan up there too, so I will start spending summers up there with him.

Anyone have two residency's?

Here in US and there in Canada?

thanks for any answers.

Moondancer

[moondancer627 0]

Thanks for the answers I told him it would not be that easy...

He had a chance to take the Canadian Citizenship test back in April but was here due to AOS not allowing him to travel to Canada.

I guess he can go up there and visit, but he won't be able to work?

He owned his own business and paid taxes as self employed.

Moondancer

[KarenCee 3]

Kathryn is absolutely right. It would be wonderful if it were that easy, but it's not.

I intend to become a U.S. citizen next year and then I will be able to reside in either Canada or the U.S. whenever I want. But my U.S. citizen husband will not be able to reside in Canada with me and have Canadian medical coverage, so we are now looking into him becoming a Canadian citizen sometime in the future.

Yeah, we both wish it were that easy! Joel intends to become a dual and when it's feasible for me, I intend to do the same. Our ultimate goal, of course, is to live in Canada (Nova Scotia) permanently.

[moondancer627 0]

Well thanks for the info... Anton doesn't believe me when I tell him this....

What's new? This is one of my pet peeves, he says I will wait and see even though the facts are out there in black and white!

it seems right now like the US residency is more important than the Canadian for him anyway.

He still needs to visit his father for a month or so before the snow sets in for getting the house winterized again for another year.

He can go to the Alberta Consulate and get it from the horse's mouth since he thinks I am full of it...

I guess I am more concerned about Canadian residency and health insurance because I know how hard it is to get it here and how expensive.

I just changed jobs so I am without until Sept. 1 when the new job kicks in.. and I didn't want to COBRA for one month from my old job because that is 1/2 a paycheck.

Moondancer