IR-1/CR-1 Montreal DQ'd private message group goes public CONTINUED

[ArgiE0601 20]

Hello everyone! Congratulations to all who got their ILs this week. I am hoping to get mine next month as I was DQd on July 8th. 

Does anyone here did their medical exam in Medisys in Montreal? Please let me know how much time should I give for medical for the result to make it to the interview. Is it hard to book for an appointment? Thank you in advance!! 😀

[sjb17 192]

13 hours ago, Coco Beau said:

Does anyone know if/when you receive a biometrics appointment? I have my interview date now in Feb and have booked my medical but there is no info regarding the biometrics. Am I missing something? 

I think you may be confusing the CR1/IR1 process with AOS. There is no specific biometrics appointment involved with CR1/IR1. They take your fingerprints on the day of the interview.

[Coco Beau 39]

Just now, sjb17 said:

I think you may be confusing the CR1/IR1 process with AOS. There is no specific biometrics appointment involved with CR1/IR1. They take your fingerprints on the day of the interview.

Thank goodness, very happy to be confused on this one. 

[Coco Beau 39]

5 hours ago, Hawk Riders said:

biometrics is not part of this process

Thank you for clarifying. Appreciate it. 

[mizzem 144]

Sorry for the long post but I'm hoping we can get some clarity on something. I am USC and I've lived in Canada for quite a while with my Canadian spouse. His interview is next week and we've been trying to research something pertaining to crossing the border to activate his GC. We know at the time he activates it he will now be a LPR. We will have to return to Canada afterwards for a while to pack up and sell our house, but I noticed this question and answer in @Hawk Riders CR1/IR1 Montreal FAQs:   

Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move. 

 

We called OHIP to ask about this and someone there told us he will not lose his Canadian healthcare if we haven't permanently relocated. We are more confused than ever on this.

Is there anyone who has come back into Canada to stay after activating the GC, and tie up all their loose ends before actually relocating to the US and might have an answer to this(we will not be working while in Canada)? Thanks!

                        

[Atyree9 29]

I am confused about how to prove that my husband is eligible to work. His DOE was 01/09/21, so we’re obviously still waiting on the Green card and SSN. Can we use his temporary passport stamp as proof? He was hired, but they are waiting on either one of those before he can start and I keep saying that his temp. Stamp is enough. Am I right?

[Hawk Riders 814]

14 minutes ago, mizzem said:

Sorry for the long post but I'm hoping we can get some clarity on something. I am USC and I've lived in Canada for quite a while with my Canadian spouse. His interview is next week and we've been trying to research something pertaining to crossing the border to activate his GC. We know at the time he activates it he will now be a LPR. We will have to return to Canada afterwards for a while to pack up and sell our house, but I noticed this question and answer in @DGF's  CR1/IR1 Montreal FAQs:   

Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move. 

 

We called OHIP to ask about this and someone there told us he will not lose his Canadian healthcare if we haven't permanently relocated. We are more confused than ever on this.

Is there anyone who has come back into Canada to stay after activating the GC, and tie up all their loose ends before actually relocating to the US and might have an answer to this(we will not be working while in Canada)? Thanks!

                        

FAQ ownership corrected above...

[mizzem 144]

8 minutes ago, Hawk Riders said:

FAQ ownership corrected above...

Thanks...

[Hawk Riders 814]

1 minute ago, mizzem said:

Thanks...

YW.

Hey, let's check in w/@DGF... how's life in WA going for you and yours?

[betzzymathew 20]

2 hours ago, mizzem said:

Sorry for the long post but I'm hoping we can get some clarity on something. I am USC and I've lived in Canada for quite a while with my Canadian spouse. His interview is next week and we've been trying to research something pertaining to crossing the border to activate his GC. We know at the time he activates it he will now be a LPR. We will have to return to Canada afterwards for a while to pack up and sell our house, but I noticed this question and answer in @Hawk Riders CR1/IR1 Montreal FAQs:   

Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move. 

 

We called OHIP to ask about this and someone there told us he will not lose his Canadian healthcare if we haven't permanently relocated. We are more confused than ever on this.

Is there anyone who has come back into Canada to stay after activating the GC, and tie up all their loose ends before actually relocating to the US and might have an answer to this(we will not be working while in Canada)? Thanks!

                        

I am gonna differ on this answer. 

Crossing the border and activating the visa doesn't make you a resident immediately. Atleast from an IRS perspective there is a whole time test which is designed to answer whether you are a resident. Ideally OHIP should also have such one, but in reality most of them do not. 

 

If it helps you to put things in perspective : 

1. You can have a green card but still establish residency outside United States for less than 6 months every year. 

2. You can be a resident of two places (a whole tax obligation comes into the picture but YMMV) . In United States, you can be a resident of 2 states, if you pay the taxes of 2 states. 

 

On a personal comparison note : 

1. I am a permanent resident of Canada (Landed Immigrant status) but have been inside Canada less than 60 days in last 2 years. I am deemed a resident of another country as of now. 

2. I took up residence in BC, stayed for 30 days, and went travelling for 6 months outside Canada. I was always considered a resident of BC and elgible under their Health Insurance plan because I did not have any other "residence "

[zor435 21]

I got DQ today!! We shouldve called earlier to inquire about our case anyhow we are glad to receive this email and look forward to an interview date. 

[mizzem 144]

1 hour ago, betzzymathew said:

I am gonna differ on this answer. 

Crossing the border and activating the visa doesn't make you a resident immediately. Atleast from an IRS perspective there is a whole time test which is designed to answer whether you are a resident. Ideally OHIP should also have such one, but in reality most of them do not. 

 

If it helps you to put things in perspective : 

1. You can have a green card but still establish residency outside United States for less than 6 months every year. 

2. You can be a resident of two places (a whole tax obligation comes into the picture but YMMV) . In United States, you can be a resident of 2 states, if you pay the taxes of 2 states. 

 

On a personal comparison note : 

1. I am a permanent resident of Canada (Landed Immigrant status) but have been inside Canada less than 60 days in last 2 years. I am deemed a resident of another country as of now. 

2. I took up residence in BC, stayed for 30 days, and went travelling for 6 months outside Canada. I was always considered a resident of BC and elgible under their Health Insurance plan because I did not have any other "residence "

Thanks for your input..I am familiar with some of the things you pointed out and I appreciate your help. That being said I am still a bit confused as to whether activating his GC will have an impact on OHIP or even if the CRA will know about it. Thx

[Jay&Sid 211]

4 hours ago, mizzem said:

Sorry for the long post but I'm hoping we can get some clarity on something. I am USC and I've lived in Canada for quite a while with my Canadian spouse. His interview is next week and we've been trying to research something pertaining to crossing the border to activate his GC. We know at the time he activates it he will now be a LPR. We will have to return to Canada afterwards for a while to pack up and sell our house, but I noticed this question and answer in @Hawk Riders CR1/IR1 Montreal FAQs:   

Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move. 

 

We called OHIP to ask about this and someone there told us he will not lose his Canadian healthcare if we haven't permanently relocated. We are more confused than ever on this.

Is there anyone who has come back into Canada to stay after activating the GC, and tie up all their loose ends before actually relocating to the US and might have an answer to this(we will not be working while in Canada)? Thanks!

                        

OHIP told you correctly about this situation.

In Ontario, one may be out of the province for up to 212 days in any 12-month period and still maintain Ontario health insurance coverage provided that you continue to make Ontario your primary place of residence.

 

In your case you are not relocating permanently to US in first step after US activating visa.

 

[Jay&Sid 211]

1 hour ago, betzzymathew said:

I am gonna differ on this answer. 

Crossing the border and activating the visa doesn't make you a resident immediately. Atleast from an IRS perspective there is a whole time test which is designed to answer whether you are a resident. Ideally OHIP should also have such one, but in reality most of them do not. 

 

If it helps you to put things in perspective : 

1. You can have a green card but still establish residency outside United States for less than 6 months every year. 

2. You can be a resident of two places (a whole tax obligation comes into the picture but YMMV) . In United States, you can be a resident of 2 states, if you pay the taxes of 2 states. 

 

On a personal comparison note : 

1. I am a permanent resident of Canada (Landed Immigrant status) but have been inside Canada less than 60 days in last 2 years. I am deemed a resident of another country as of now. 

2. I took up residence in BC, stayed for 30 days, and went travelling for 6 months outside Canada. I was always considered a resident of BC and elgible under their Health Insurance plan because I did not have any other "residence "

 

I second that.

IRS will not consider you permanent resident by just crossing the border and activating the visa.

[DGF 730]

5 hours ago, Hawk Riders said:

YW.

Hey, let's check in w/@DGF... how's life in WA going for you and yours?

It's going. Struggling to find a job 🤷‍♀️ Gone back to school in the meantime so when I'm around here it's usually with a half pre-occupied brain  
 

5 hours ago, mizzem said:

Sorry for the long post but I'm hoping we can get some clarity on something. I am USC and I've lived in Canada for quite a while with my Canadian spouse. His interview is next week and we've been trying to research something pertaining to crossing the border to activate his GC. We know at the time he activates it he will now be a LPR. We will have to return to Canada afterwards for a while to pack up and sell our house, but I noticed this question and answer in CR1/IR1 Montreal FAQ:   

Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move. 

 

We called OHIP to ask about this and someone there told us he will not lose his Canadian healthcare if we haven't permanently relocated. We are more confused than ever on this.

Is there anyone who has come back into Canada to stay after activating the GC, and tie up all their loose ends before actually relocating to the US and might have an answer to this(we will not be working while in Canada)? Thanks!

                        

2 hours ago, betzzymathew said:

I am gonna differ on this answer. 

Crossing the border and activating the visa doesn't make you a resident immediately. Atleast from an IRS perspective there is a whole time test which is designed to answer whether you are a resident. Ideally OHIP should also have such one, but in reality most of them do not. 

 

If it helps you to put things in perspective : 

1. You can have a green card but still establish residency outside United States for less than 6 months every year. 

2. You can be a resident of two places (a whole tax obligation comes into the picture but YMMV) . In United States, you can be a resident of 2 states, if you pay the taxes of 2 states. 

 

On a personal comparison note : 

1. I am a permanent resident of Canada (Landed Immigrant status) but have been inside Canada less than 60 days in last 2 years. I am deemed a resident of another country as of now. 

2. I took up residence in BC, stayed for 30 days, and went travelling for 6 months outside Canada. I was always considered a resident of BC and elgible under their Health Insurance plan because I did not have any other "residence "

55 minutes ago, Jay&Sid said:

I second that.

IRS will not consider you permanent resident by just crossing the border and activating the visa.

1) You have to be moving permanently when you activate your visa. Crossing to activate your visa and then go home isn't technically allowed even though we do see it happen. Thus the advice that you lose your healthcare when you move (as it is supposed to be a permanent move). Moving permanently but then visiting to tie up loose ends is allowed, but is not enough to satisfy the requirements to keep healthcare. I can add this clarification to the FAQ if it would be helpful.

 

2) Crossing the border and activating your visa absolutely does make you a resident immediately. IRS has a green card test: https://www.irs.gov/individuals/international-taxpayers/alien-residency-green-card-test. As we are all permanent residents as soon as the visa is activated, we all meet the green card test and are considered residents by the IRS. 

 

3) It is possible to be both a Canadian resident and a US resident at the same time but it requires quite a balancing act, that part is true. It's not enough to keep healthcare but it is enough to keep PR status in both countries. It's not enough for healthcare because you need to make Ontario your primary place of residence in order to qualify for OHIP but you also need to have the US as your primary place of residence in order to not lose your green card. Those just aren't compatible.