IR-1/CR-1 Montreal DQ'd private message group goes public part 3

[opallynn 30]

4 minutes ago, Emilyy said:

That sounds good! ...Just a thought but I would bring your originals with you. Does your child already have CBRA? if so bring their birth certificate and US passport and the certificate so you can get them their SS number!

She’s had her CRBA for a while, yeah. I figured leaving the originals behind would show that I’m definitely coming back, because we can’t do anything without them.  She needs her CRBA to get her SS? Not just her passport and birth certificate?

[Emilyy 12]

1 minute ago, AMooseInTheHoose said:

She’s had her CRBA for a while, yeah. I figured leaving the originals behind would show that I’m definitely coming back, because we can’t do anything without them.  She needs her CRBA to get her SS? Not just her passport and birth certificate?

I am honestly not sure. I have been visiting my husband since June and our application for my daughters SS got rejected because my husband didn't sill out the papers correctly.

[DGF 730]

39 minutes ago, AMooseInTheHoose said:

Hopefully, I’m flying out of YVR on the seventh with our daughter for 4 months. At the rate things are going, it’s going to be at least January before my interview (DQ’d February 10th). 
 

I’ve got my tenancy agreement, car insurance, trailer insurance, a letter from my employer stating that I’m expected to be back in the first week of January, a letter from my mom saying she has all of my original documents for the interview (marriage certificate, daughter’s CRBA, medical information, police certificate, etc..), travel insurance that ends January 4th, and return tickets. 
 

Can anyone think of anything else that would show I’m definitely coming back to Canada?

Bring proof that you're in the process (NOA1, NOA2, etc). That was all they ever wanted to see from me. Also, I love your username haha. 

[Melody1920 3]

Question about moving goods - is it possible to have a moving company pick up goods and send it ahead of the immigrant if the immigrant is planning on flying the week after ? Or does immigrant need to activate visa first before the moving company can k

Import goods ??

[Twiz&Toz 240]

14 minutes ago, Melody1920 said:

Question about moving goods - is it possible to have a moving company pick up goods and send it ahead of the immigrant if the immigrant is planning on flying the week after ? Or does immigrant need to activate visa first before the moving company can k

Import goods ??

Check upack website they list all the info needed and steps to take. I think u need an active visa to ship. 

[Twiz&Toz 240]

So quick question. I need to fly out of Yyz ASAP as there was a death in the family. I won’t have to show paper work for that correct. We won’t be able to get a death certificate for weeks due to back log once again the covid backlogs . 

[From_CAN_2_US 1,106]

1 minute ago, Twiz&Toz said:

So quick question. I need to fly out of Yyz ASAP as there was a death in the family. I won’t have to show paper work for that correct. We won’t be able to get a death certificate for weeks due to back log once again the covid backlogs . 

You are flying to the US? No, you don't need any proof or reason to fly to US. Air border has always been open and you can fly over anytime. You do need a negative COVID test, as I'm sure you already know.

 

Since you are waiting for interview, make sure you book return tickets and carry proof of ties to Canada...

 

Sorry for your loss...

[Ontarkie 14,221]

2 hours ago, Melody1920 said:

Question about moving goods - is it possible to have a moving company pick up goods and send it ahead of the immigrant if the immigrant is planning on flying the week after ? Or does immigrant need to activate visa first before the moving company can k

Import goods ??

No they can't go ahead of you. They need a copy of your endorsed visa in order to be able to cross with your items.

[aurmorr 270]

Hey I’m pulling back an old post from @Jay&Sid @Hawk Riders 

[screenshot attached]

Does anyone have a more solid source of info for what actually happens at the border re: residency status? 
 

If everything goes according to plan at the interview, I’m hoping to leave here at the end of September. Part of the reason I’ve been MIA from the forum beyond the general heartbreak of this process is that my mom got diagnosed with cancer, and so she has some tests and potential treatments coming up in Sept/Oct that I’ll be flying back and forth for if need be. 
 

I want to activate my visa so I can start the process of moving, but I want to maintain my OHIP until the end of 2021. I don’t think it should be that difficult since I’m still paying taxes and have been here 9/12 months, but I don’t know where to actually amend my residency status or how to continue my coverage for the rest of the fiscal year under these unique circumstances. If anyone has any ideas or tips, please let me know where to look or who to call. 

 

[DGF 730]

2 hours ago, aurmorr said:

Hey I’m pulling back an old post from @Jay&Sid @Hawk Riders 

[screenshot attached]

Does anyone have a more solid source of info for what actually happens at the border re: residency status? 
 

If everything goes according to plan at the interview, I’m hoping to leave here at the end of September. Part of the reason I’ve been MIA from the forum beyond the general heartbreak of this process is that my mom got diagnosed with cancer, and so she has some tests and potential treatments coming up in Sept/Oct that I’ll be flying back and forth for if need be. 
 

I want to activate my visa so I can start the process of moving, but I want to maintain my OHIP until the end of 2021. I don’t think it should be that difficult since I’m still paying taxes and have been here 9/12 months, but I don’t know where to actually amend my residency status or how to continue my coverage for the rest of the fiscal year under these unique circumstances. If anyone has any ideas or tips, please let me know where to look or who to call. 

 

I'm so sorry to hear about your mom.

 

So basically, once you activate your visa the US becomes your primary place of residence (since it's a requirement for permanent resident status, that's why people have to give it up if they spend a certain amount of time out of the US). Because of that, once you activate your visa, Canada is no longer your primary place of residence, which is what makes you ineligible for health care and not the amount of time spent out of Canada. Different provinces handle this differently and may have different amounts of leeway. It's probably safest to get travel insurance for the times that you'll need to be in Canada. 

[6ixtoSoCal 21]

We had what feels like a huge break through for us this morning!  After the drama of having to send a DS-5535 after being initially approved, my wife's visa status flipped from 'REFUSED' to 'ISSUED-administrative processing" after ~1 month.  We are so happy and are celebrating today!

 

[Ontarkie 14,221]

3 hours ago, aurmorr said:

Hey I’m pulling back an old post from @Jay&Sid @Hawk Riders 

[screenshot attached]

Does anyone have a more solid source of info for what actually happens at the border re: residency status? 
 

If everything goes according to plan at the interview, I’m hoping to leave here at the end of September. Part of the reason I’ve been MIA from the forum beyond the general heartbreak of this process is that my mom got diagnosed with cancer, and so she has some tests and potential treatments coming up in Sept/Oct that I’ll be flying back and forth for if need be. 
 

I want to activate my visa so I can start the process of moving, but I want to maintain my OHIP until the end of 2021. I don’t think it should be that difficult since I’m still paying taxes and have been here 9/12 months, but I don’t know where to actually amend my residency status or how to continue my coverage for the rest of the fiscal year under these unique circumstances. If anyone has any ideas or tips, please let me know where to look or who to call. 

 

DGF is correct, once the visa is endorsed you are a US resident and no longer a resident of Ontario.

The above quote is not correct. I'm willing to bet that the person who called OHIP was not clear enough to the person on the other end. 212 days is more for the snowbirds and students to not lose their health care. When you activate your US Visa you are stating right there and then that you no longer live in Canada and you are a permanent US resident. Remember that being able to use OHIP requires you to be an Ontario resident. For immigration to the US to keep your GC you cannot be a resident of two countries. To use OHIP you need to claim residency in Ontario which you will not be able to do. Claiming to be a resident of Ontario can lead to losing your US GC. 

 

Over the years we had a Canadian CBP officer, she's a PR in the US and still worked in Canada and paid into OHIP and she could not use it either. 

[Kai G. Llewellyn 837]

4 hours ago, aurmorr said:

Does anyone have a more solid source of info for what actually happens at the border re: residency status? 

 

If everything goes according to plan at the interview, I’m hoping to leave here at the end of September. Part of the reason I’ve been MIA from the forum beyond the general heartbreak of this process is that my mom got diagnosed with cancer, and so she has some tests and potential treatments coming up in Sept/Oct that I’ll be flying back and forth for if need be. 
 

I want to activate my visa so I can start the process of moving, but I want to maintain my OHIP until the end of 2021. I don’t think it should be that difficult since I’m still paying taxes and have been here 9/12 months, but I don’t know where to actually amend my residency status or how to continue my coverage for the rest of the fiscal year under these unique circumstances. If anyone has any ideas or tips, please let me know where to look or who to call. 

 

The general consensus is that your Canadian and provincial residency terminates the moment your visa is activated. Upon becoming a lawful permanent resident, you are required to consider the US your principal home. Strictly speaking, that means that with no provincial residency, that means no provincial healthcare.

 

Now would anything come of it right now if you tried to use it? Probably not, but I forsee an issue during tax time. The CRA has a rule where you are considered a 'deemed non-resident' of Canada by virtue of having a Green Card. That meaning on your tax return, you are to indicate that your Canadian residency for tax purposes ended on the day you activated your visa. This filing status I would imagine eventually flows down to the provinces where they could identify a non-resident utilizing provincial healthcare. The province would then be entitled to pursue you for the costs of healthcare that you were not entitled to get.

 

Regarding your LPR status, others here argue that it risks your immigration status in the US. I am unconvinced of the real danger of this, and I imagine anecdotal reports probably entailed CBP finding a provincial health card in a LPR's possession and pressuring them to sign I-407 at the border. While a provincial health card or enrollment thereof may signal abandonment, no court would argue that it alone is conclusive evidence. If, as a matter of fact, you were living/working in the US with a family and house in the US and just so happened to still be on provincial health care I do not believe any IJ would conclude abandonment of LPR status and issue a removal order. CBP have no legal authority to revoke LPR status, only an IJ can do it.

 

Case law has prescribed a very high burden on DHS to prove abandonment, and usually only the open-and-shut cases of someone who was very obviously not living in the US would end up being ultimately removed. That being said, you'd be best avoiding any accusations of abandonment from the get go, as a NTA and IJ process can leave you in uncertain waters for years.

 

Overall, I'm not aware of an actual VJ member that has faced consequences from utilizing public healthcare after obtaining LPR status outside of anecdotal reports that haven't been confirmed. And given that people often do things without thinking about it, I imagine that it isn't exactly a rare occurrence, so I think the odds of anything happening are low. But it could theoretically happen, plus strictly speaking it is unlawful.

Edited August 26, 2021 by Kai G. Llewellyn

[ADW & JOP 146]

4 hours ago, aurmorr said:

Hey I’m pulling back an old post from @Jay&Sid @Hawk Riders 

[screenshot attached]

Does anyone have a more solid source of info for what actually happens at the border re: residency status? 
 

If everything goes according to plan at the interview, I’m hoping to leave here at the end of September. Part of the reason I’ve been MIA from the forum beyond the general heartbreak of this process is that my mom got diagnosed with cancer, and so she has some tests and potential treatments coming up in Sept/Oct that I’ll be flying back and forth for if need be. 
 

I want to activate my visa so I can start the process of moving, but I want to maintain my OHIP until the end of 2021. I don’t think it should be that difficult since I’m still paying taxes and have been here 9/12 months, but I don’t know where to actually amend my residency status or how to continue my coverage for the rest of the fiscal year under these unique circumstances. If anyone has any ideas or tips, please let me know where to look or who to call. 

 

Here is a good read:

 

https://connect.onefpa.org/browse/blogs/blogviewer?BlogKey=924761a0-ec91-4500-b92b-59a8abdf17d2

 

including summarizing the penalty from OHIP 

[Kai G. Llewellyn 837]

14 minutes ago, ADW & JOP said:

Here is a good read:

 

https://connect.onefpa.org/browse/blogs/blogviewer?BlogKey=924761a0-ec91-4500-b92b-59a8abdf17d2

 

including summarizing the penalty from OHIP 

That's an interesting read, and seems to be in line with my understanding

 

I should make a correction regarding the deemed non-resident filing status with the CRA. It wasn't a CRA rule, but moreover the courts had found GC holders are considered US Residents for the US-Tax Treaty:

1.44 The Courts have stated that holders of a United States Permanent Residence Card (otherwise referred to as a Green Card) are considered to be resident in the United States for purposes of paragraph 1 of the Residence article of the Canada-U.S. Tax Convention. For further information, see the Federal Court of Appeal's comments in Allchin v R, 2004 FCA 206, 2004 DTC 6468.

 

https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-5-international-residency/folio-1-residency/income-tax-folio-s5-f1-c1-determining-individual-s-residence-status.html#p1.37

 

I'm not an accountant here, so I'm might be horribly wrong on this, but the impression I get by that is that the Green Card makes it a lot easier to claim nonresidency in Canada, but you can still claim factual residency if you wish to do so. In respect to health coverage, I would imagine one would need to be considered a resident by the CRA, otherwise the province could start to investigate...even though they don't seem too bothered to do so.