Canadian PR or Canadian citizens and US green card

[Dr_Eng_X 0]

9 hours ago, Ontarkie said:

Sorry for the confusion. When you cross into the US to activate your visa that is when you become a US PR. That is also when you lose Canadian health care. Exit taxes are the taxes you will file for the Canadian taxes. All date will have the date of when you crossed to endorse your visa. I mentioned the US/Can borders as information is shared and they will see dates. 

 

Let me answer the below separately to help

1. No you cannot link your SSN with the SIN. Some ppl have had luck with certain credit cards/banks to link their credit history. Taxes will need to be filed the first year to close out the year with Canada these are called exit taxes by most of us. Now if you never earn another cent in Canada you will not have to file Canadian taxes after that. If there is a Canadian source of income then both taxes will need to be filed yearly. 

 

2. For US immigration the immigrant cannot claim to have residency outside the US. Doing so can cause loss of your US PR status. How do you set up residency in the US. Well it starts with arriving at the border, the one with the visa gets the stamp in their passport. Then you arrive to the city/state you want to call home and start getting things like an address, DL. But you are pretty much a resident for all intents and purpose immigration wise once you endorse the visa. 

2b. If your S/O is staying in Canada who is the soon to be PR? Is this staying in Canada something while the USC is moving back ahead of the spouse while waiting out the process? If you're talking about the two of you flipping back and fourth between the two countries this will be much more difficult then you think. The GC is for living in the US the majority of the time. If the BCP starts to see a pattern they will tell you to pick a country. It has happened before. 

Thank you for your thorough explanation. 

Does this apply for TN visa?

[Ontarkie 14,216]

10 hours ago, Dr_Eng_X said:

Thank you for your thorough explanation. 

Does this apply for TN visa?

Ok so you are not becoming a PR, TN status is temporary. Although it can be renew a number a times it is supposed to be temporary. I know very little about the TN stuff. Some of the above will still apply, like taxes. You will file both if you earn in both countries. Your SSN and SIN cards will not be linked. Health care will depend on how long you are in the US.  Since a TN is temporary that does change things. 

[mam521 2,057]

12 hours ago, Dr_Eng_X said:

Thank you for your thorough explanation. 

Does this apply for TN visa?

PR = permanent residency

TN = temporary, non immigrant intent visa

 

They are not the same.  Yes, you are allowed to reside in the US with either, but the expectation with permanent residency is that you reside PERMANENTLY in the US.  In residing permanently in the US, you are able to live, work, switch jobs, attend school, travel indefinitely.  

 

With a TN, it is a non-immigrant intent visa.  The visa holder can move to the US and work while the visa is valid, but the visa holder is expected to return to Canada once the visa has expired.  It does not grant the visa holder the right to reside permanently in the US. Additionally, the TN is tied to that specific position.  If one wants to switch jobs, they need a new TN tied to that job and it is at the discretion of the CBP officer as to whether or not they grant the TN and for how long.  

 

Edit to add: if you have a pending immigrant visa case, there is a high likelihood that a TN could be denied. 

 

Some people get TN visas because they have work to do in the US and require that work authorization to do their job, even if they are sitting in Canada.  A friend of mine was managing a team of people, half in Canada, half in the US but required a TN to spend time in the US working on customer work and assisting the team he supervised.  He never relocated to the US but he needed that work authorization tied to the TN. He was still on the hook for filing US taxes.  

 

Really, if this is your consideration, it's 100% worth speaking to a cross border tax professional. 

Edited July 6, 2023 by mam521

[Dr_Eng_X 0]

4 hours ago, Ontarkie said:

Ok so you are not becoming a PR, TN status is temporary. Although it can be renew a number a times it is supposed to be temporary. I know very little about the TN stuff. Some of the above will still apply, like taxes. You will file both if you earn in both countries. Your SSN and SIN cards will not be linked. Health care will depend on how long you are in the US.  Since a TN is temporary that does change things. 

Another excellent response thank you so much.

2 hours ago, mam521 said:

PR = permanent residency

TN = temporary, non immigrant intent visa

 

They are not the same.  Yes, you are allowed to reside in the US with either, but the expectation with permanent residency is that you reside PERMANENTLY in the US.  In residing permanently in the US, you are able to live, work, switch jobs, attend school, travel indefinitely.  

 

With a TN, it is a non-immigrant intent visa.  The visa holder can move to the US and work while the visa is valid, but the visa holder is expected to return to Canada once the visa has expired.  It does not grant the visa holder the right to reside permanently in the US. Additionally, the TN is tied to that specific position.  If one wants to switch jobs, they need a new TN tied to that job and it is at the discretion of the CBP officer as to whether or not they grant the TN and for how long.  

 

Edit to add: if you have a pending immigrant visa case, there is a high likelihood that a TN could be denied. 

 

Some people get TN visas because they have work to do in the US and require that work authorization to do their job, even if they are sitting in Canada.  A friend of mine was managing a team of people, half in Canada, half in the US but required a TN to spend time in the US working on customer work and assisting the team he supervised.  He never relocated to the US but he needed that work authorization tied to the TN. He was still on the hook for filing US taxes.  

 

Really, if this is your consideration, it's 100% worth speaking to a cross border tax professional. 

Thank you so much.