# Can-American dual citizenship and residency..questions



## Byrd Phlough (Dec 19, 2008)

Hi all and thanks in advance. I am a canadian citizen but have lived in the states for the last 40+years. I have permanent status in the states. My wife is an american citizen. We want to establish ourselves as dual residents thus enjoying the best of both worlds. We are currently in colorado and , after scouting the area last summer we are in love with BC and the people we met there. We are part time RV'ers and would like to be able to follow the seasons. We would like to get on health care Canada and need to know exactly what the residency requirements are . what are the tax issues etc. how do people deal with car insurance and licensing and such. It is our intention to work at least part time in both countries. I know there have to be others living this lifestyle , We would love to hear from you


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## Fatbrit (May 8, 2008)

Byrd Phlough said:


> Hi all and thanks in advance. I am a canadian citizen but have lived in the states for the last 40+years. I have permanent status in the states. My wife is an american citizen. We want to establish ourselves as dual residents thus enjoying the best of both worlds. We are currently in colorado and , after scouting the area last summer we are in love with BC and the people we met there. We are part time RV'ers and would like to be able to follow the seasons. We would like to get on health care Canada and need to know exactly what the residency requirements are . what are the tax issues etc. how do people deal with car insurance and licensing and such. It is our intention to work at least part time in both countries. I know there have to be others living this lifestyle , We would love to hear from you


You should naturalize as a US citizen before planning to take such long periods outside the US -- your status could be lost if you were no longer a permanent resident. It's taking less then 6 months in most places at the moment from filing the N-400.


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## Bevdeforges (Nov 16, 2007)

To be on the Canadian health care system you need to be working in Canada and thus contributing to the Canadian social insurances scheme. Here is the national site: Health Care System - Main Page - Health Canada But I believe that there are significant differences by province, so the mobile lifestyle could cause you some difficulties. (And of course the Canadian health care system does you no good in the US.)

On the US side, you must continue to file US tax returns no matter what (your wife as a US citizen, and you either as a citizen or as a permanent resident). And switching back and forth between the US and Canada would pretty much exclude you from making use of the Overseas Earned Income Exclusion because you need either "bona fide residence" outside the US or "physical presence" of something like 330 days a year in a foreign country.

I do know one couple living and touring in the RV (but limited mostly to the US) and they have established a "permanent residence" in one of the big, western states (Montana, perhaps?) where there is no state income tax. They use that base for insurance and most "residence based" necessities.
Cheers,
Bev


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## Byrd Phlough (Dec 19, 2008)

Thanks for the quick answer and the advice. We intend to establish residency in bc. both by our presence and the establishment of bank accounts, car registration . permenant address with forwarding of mail when we are out of country etc. I have heard of a nexus licence for drivers but I believe it is only offered in border states. For our time in the states my intention was to secure health insurance in canada to cover out "trip" to the us each year. I is my intention to take out the american citizenship so as to protect my status in the states. Not to mention my whopping Social security pension in 13 years. would it be easier for us to get landed status for my wife after we arive or while we are out of country? I own a house in Co. so that residency is not disputed but what exactly do we have to do to also claim a canadian residence? im still not sure of the tax ramifications but with health insurance for the 2 of us at about $950 month + 20 % out of pocket... you do the math


Thanks


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## SuzanneT (May 18, 2009)

*Can-American dual citizenship and residency questions*

Hi,
I'm Can-American dual citizenship and residency..but the opposite way around. I am American by birth, Canadian by application, and returning to the US to work for an indetermined period of time. Who would know what I need to do to maintain my Canadian residency? 
Thanks all
--ST


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## Auld Yin (Mar 10, 2009)

SuzanneT said:


> Hi,
> I'm Can-American dual citizenship and residency..but the opposite way around. I am American by birth, Canadian by application, and returning to the US to work for an indetermined period of time. Who would know what I need to do to maintain my Canadian residency?
> Thanks all
> --ST


Out of a five year period you must spend two years in Canada (730 days) to retain your PR status. These days are cumulative not consecutive.


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## Snodge (Apr 17, 2009)

Auld Yin said:


> Out of a five year period you must spend two years in Canada (730 days) to retain your PR status. These days are cumulative not consecutive.


An important point is that even time spent visiting Canada counts towards the two year as long as it's documented. It may seem silly to worry about a day or a week here or there but it could make a difference. 

From what I hear if you can show receipts from your stay it'll be counted towards the total.


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## SuzanneT (May 18, 2009)

Thanks so much for this good news. Much appreciated!


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## Yrainsage (Feb 5, 2012)

Snodge said:


> An important point is that even time spent visiting Canada counts towards the two year as long as it's documented. It may seem silly to worry about a day or a week here or there but it could make a difference.
> 
> From what I hear if you can show receipts from your stay it'll be counted towards the total.


I plan to commute from WA to Vancouver and back. Perhaps daily, perhaps once every 2 days. For which of those two cases would the day or days be counted towards the 730 days?

Thanks!


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## Snodge (Apr 17, 2009)

Yrainsage said:


> I plan to commute from WA to Vancouver and back. Perhaps daily, perhaps once every 2 days. For which of those two cases would the day or days be counted towards the 730 days?
> 
> Thanks!


Yowza! me thinks you're pushing the envelope a bit!

My guess is you have to be in Canada for at least 24 hours for your stay to count as a day. I seem to remember seeing something specific on the CNC website, but you'll have to do your own digging unless someone else has more specific knowledge.


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## fedup (Feb 7, 2012)

I was wondering if anyone would have the answer to these two questions:

1. UK woman marries American - lives in USA for three years - receives her Green Card (Permanent residency) moves to Canada in 1971. Has never lived in or worked in USA since. Is her Green Card still in effect? or did she have to renounce it?

2. American man has children who are born in UK and Canada - are they automatically considered American? or did some form of paperwork have to be filed stating their birth. If paperwork was filed in the UK - does that child have to file American income tax?

I would really appreciate any knowledge that you have about these questions.


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## Auld Yin (Mar 10, 2009)

1) The Green Card has long expired. There is no need to renounce.

2) Under certain circumstances, children may acquire U.S. citizenship from their parents. The following conditions affect children born outside the U.S. and its outlying possessions to married parents (special conditions affect children born out of wedlock: see below):[5]

If both parents are U.S. citizens, the child is a citizen if either of the parents has ever legally resided in the U.S. prior to the child's birth
If one parent is a U.S. citizen and the other parent is a U.S. national, the child is a citizen if the U.S. citizen parent has lived in the U.S. for a continuous period of at least one year prior to the child's birth
If one parent is a U.S. citizen and the other parent is not, the child is a citizen if
the U.S. citizen parent has been "physically present"[6] in the U.S. before the child's birth for a total period of at least five years, and
at least two of those five years were after the U.S. citizen parent's fourteenth birthday.


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