Canadian Driver's License

[Tater&Bugger 3]

Hey all,

I have a quick question... my Ontario driver's license will expire in early 2011 and I am not sure if I need to have that renewed. My husband and I plan on moving back in about 3-4 years. It is about to be transferred to a NY license, but then can I transfer it to Ontario when we move back or is my best bet to just hope I get my AP in time to have it renewed and just do that. I am just not sure if I can get it renewed once I am a PR in the US.

PS I am really looking forward to going through the Canadian version of this process in a few years haha.

[Danu 19]

Hey all,

I have a quick question... my Ontario driver's license will expire in early 2011 and I am not sure if I need to have that renewed. My husband and I plan on moving back in about 3-4 years. It is about to be transferred to a NY license, but then can I transfer it to Ontario when we move back or is my best bet to just hope I get my AP in time to have it renewed and just do that. I am just not sure if I can get it renewed once I am a PR in the US.

PS I am really looking forward to going through the Canadian version of this process in a few years haha.

I don't think you can renew it without meeting the residency requirements, and claiming that you do for Canada might affect your US PR if they were to find out about it. Easiest way is to transfer it to the NY one and then back to ON when you do finally move back.

[Tater&Bugger 3]

I was thinking I could get it done once I have my AP but before I have my GC (expiry date is somewhere around those lines), therefore would still be a Canadian resident. If they inquire I can say reason being in the event my PR in the US was delayed or denied then I would not have lost my license in Canada.

If I get my AP before it expires, which I don't see why I wouldn't then I think I will just do it. I still have the same mailing address in Canada for my bank, car and insurance. I haven't changed the plates since they messed up my SSN, so cannot get the NY license until I can prove my real name, so cannot change my insurance here. Hopefully I don't get the same dumb woman at the SSN office this week and can change it over to my married name. I even have photo ID in my married name and marriage cert and she said no!

[Hugglebuggles 60]

That's not really how it works. Once you cross into the US on your K-1 visa, you cease being a resident of Canada. When you file your Canadian taxes next year, that is the date you will use as the day you exited the country. It is also the day you stop being eligible for government programs like OHIP and HST rebate checks. Saying you are a resident after the move wouldn't be truthful.

Do you know how your state handles the transfer of licenses? Most states (but not all) will either take your Canadian license, or punch a hole through it to invalidate it. If you want to get your US license without trading in your Canadian license, most states will make you start the licensing process from the beginning.

Also consider that you cannot be a resident of two countries at one time. In order to adjust your status, you need to be residing in the US. If you claim to be a Canadian resident during this process, than what kind of can of worms are you opening yourself up to? Honestly, I don't think it's worth it, not in the least.

As far as the car is concerned, I am an insurance agent and I promise you that there are tons of US car insurance companies that can and would insure you with a Canadian license.

[Tater&Bugger 3]

Hm... everyone HERE told me that I am not yet considered a resident on my Visa and am STILL a Canadian resident until I receive my GC. It's really messed up, I hate getting conflicting info from everyone (not you guys, everyone at any office around here, on post and off). Even when I opened a bank account with my husband they wouldn't let me use my married name because even though I am married, the US does not recognize me as a resident but still by my maiden name as a Canadian resident. Similar thing happened at the SSN office. The only time anyone has taken my married name was when I registered as a spouse on post to receive medical insurance (even then it's only a temporary card until I can provide a SSN in my married name) and where I volunteer. It's a real pain in the butt. I hate inconsistency.

I've had so much trouble getting anything done because no one seems to understand anything. Worst thing is this area is FULL of foreign spouses, but no one does it legally so my situation is weird to them. Now that I have my NOA's from USCIS though I am heading back to the SSN office to get that fixed and once that is done things should start running smoother. If they still argue that I cannot get a SSN in my married name until I have my GC I am asking for a manager of the office because thats just insane. I have been saving mail in my married name to show as proof that I do reside at the address I say I do in case I have any issues getting my license transferred.

Thanks guys!

[Hugglebuggles 60]

It took me 4 weeks to get my SSN in my married name. Almost 12 weeks to get my DL in my married name. The maiden vs. married name stuff is an absolute mess as far as immigration is concerned. Everything needs to match perfectly or they won't do it. I had problems because even after my GC was approved USCIS never updated my file to reflect my married name, so I had to make an Infopass, go down to the office and have them manually change it.

As far as the residence thing is concerned, it is definitely a gray area. When you go and file your taxes next year, you are going to record the day you left Canada. As far as they are concerned, this is day you stopped being a resident. If you were to received HST checks or OHIP benefits even a day after you cross on your K-1, you would need to pay them back because you do not meet the residency requirements. It has happened to a lot of us, especially with the rebate checks.