Keeping Canadian Residence along with US ?

[Mevora 11]

Hello,

 I've some business + real estate in Canada. Is it possible to move to US and keep the Canadian residence alongside. Means paying taxes + benefits of being a Canadian Resident as well. Is it legal ?

 

[debbiedoo 2,339]

I think you would find it impossible to maintain the residency requirements for both the US and Canada simultaneously, especially for the US side of ROC

[Lemonslice 4,869]

It depends which benefits. I did keep: real estate, business, and Canadian employer. I'm paying Canadian taxes,  however I've lost provincial health care a while back as I'm not spending enough time over there to be eligible. 

[aaron2020 11,651]

From the US's POV, a green card holder's primary residence must be the US.  Claiming residency in another country puts the green card status at risk.

[Mevora 11]

19 hours ago, aaron2020 said:

From the US's POV, a green card holder's primary residence must be the US.  Claiming residency in another country puts the green card status at risk.

If I am already a resident of Canada, do I've to inform and give up the residency ? Is there any benefit of doing so ?

 

[Lemonslice 4,869]

12 hours ago, Mevora said:

If I am already a resident of Canada, do I've to inform and give up the residency ? Is there any benefit of doing so ?

 

Are you a Canadian citizen residing in Canada? I'm not sure what your question is.  

 

[Mevora 11]

On 12/14/2018 at 10:08 PM, Lemonslice said:

Are you a Canadian citizen residing in Canada? I'm not sure what your question is.  

 

Canadian Citizen moving to US

[NikLR 13,227]

On 12/14/2018 at 7:28 AM, Mevora said:

If I am already a resident of Canada, do I've to inform and give up the residency ? Is there any benefit of doing so ?

 

If you become an LPR you are no longer a resident of Canada. You must file taxes as a non-resident and inform the CRA of your non-resident status.  This isnt a choice. 

[Lemonslice 4,869]

3 hours ago, NikLR said:

If you become an LPR you are no longer a resident of Canada. You must file taxes as a non-resident and inform the CRA of your non-resident status.  This isnt a choice. 

I respectfully disagree. CRA would determine your residency for taxation purposes after you filed form NR73.  While most LPR are in the situation you described, a few have the pleasure (!) of being considered residents by the CRA.  That does not stop the obligation to file with the IRS.  

You're right though, it's not a choice and someone in a slightly complex situation might want to seek proper counsel. 

[NikLR 13,227]

Taxes are always a different beast.  You can't be a physical resident of both countries. 

[Mevora 11]

Thanks. Will refer

[ErickandLeo 61]

same sentiments here, im holding a permanent residence here in Canada not yet a citizen and soon my K-1 Visa will be granted if i became a green card holder in the US will my PR in Canada will be automatically lose or do i need to renounce it? I also want to keep my PR and if possible have a dual citizenship in Canada and US

[geowrian 22,337]

1 minute ago, ErickandLeo said:

same sentiments here, im holding a permanent residence here in Canada not yet a citizen and soon my K-1 Visa will be granted if i became a green card holder in the US will my PR in Canada will be automatically lose or do i need to renounce it? I also want to keep my PR and if possible have a dual citizenship in Canada and US

Same type of issue...how would you claim permanent residence in both countries? Permanent residence has certain obligations.

The moment you make a claim to US residency (i.e. entering on the K-1 visa or applying for AOS), you are no longer a Canadian resident. They may not take any action on this right away, but they will catch up to it at some point (especially if planning to apply for citizenship later).

If dual citizenship is a goal, then obtaining one citizenship then another is the route to go.

[Ontarkie 14,237]

35 minutes ago, ErickandLeo said:

same sentiments here, im holding a permanent residence here in Canada not yet a citizen and soon my K-1 Visa will be granted if i became a green card holder in the US will my PR in Canada will be automatically lose or do i need to renounce it? I also want to keep my PR and if possible have a dual citizenship in Canada and US

Any chance your spouse is a dual citizen Canada and the US? 

Canada does have a few different ways for their PR than the US. One is by living with their Canadian spouse even in the US can count and there is another way to count a certain amount of time. That one I'm not sure on so you should read up on it. 

Edited December 29, 2018 by Ontarkie

[AstroCanada 206]

We have friends that have somehow maintained dual residences and even got reciprocal permanent residence status in both countries by marriage.  They work in the same industry and split their time 50/50 between the US and Canada.  They simultaneously got her US PR status and him Canadian PR status.  Seems a bit dodgy, but they've made it work for 2 years now.