Bringing dual citizen children with us - sanity check

[kevinthegerbil]

Hi, I just wanted to sanity check this (tho I had checked during application process) and wanted to see if there was anyone in the same boat as us to check how it went for them:

We intend to move to Canada from the UK (Wales).

My wife is Canadian (born and Citizen - no other citizenships) sponsoring me. She has indefinite leave to remain in the UK (since we got married 12 years ago).

I am a UK citizen (born and citizen - no other citizenships) - I am the principal applicant, hoping to get PR.

We have a 9 year old son. Born British citizen, but now has dual nationality as has his Canadian citizenship and passport.

My son, obviously, didn't have to be on the forms as he's not a foreign national dependent. He is a Canadian citizen, and entitled to live in the UK or Canada. My wife is obviously entitled to live in Canada. I'm the one that needs permission!

So, while we've stated on the Spouse Sponsorship forms that we have a son and he's a Canadian citizen and we'd all be moving together, he's nowhere else in the Spouse/Family Sponsorship application. And we've not done any other application processes for anything...

The question: Am I right in saying that basically as long as I turn up with my PR stuff from this process in Canada, my wife and son can basically just 'walk into Canada to live?' Or is there something else we need to be doing ahead of that immigration to Canada?

Maybe jumping the gun - but paranoid I've missed something!

Do Canadians even need to declare that they intend to move to Canada again, or do they just turn up to their local provincial government to register for public services/health/whatever?

Anyone else in this position?

 

[StephanH]

Hi, I just wanted to sanity check this (tho I had checked during application process) and wanted to see if there was anyone in the same boat as us to check how it went for them:

We intend to move to Canada from the UK (Wales).

My wife is Canadian (born and Citizen - no other citizenships) sponsoring me. She has indefinite leave to remain in the UK (since we got married 12 years ago).

I am a UK citizen (born and citizen - no other citizenships) - I am the principal applicant, hoping to get PR.

We have a 9 year old son. Born British citizen, but now has dual nationality as has his Canadian citizenship and passport.

My son, obviously, didn't have to be on the forms as he's not a foreign national dependent. He is a Canadian citizen, and entitled to live in the UK or Canada. My wife is obviously entitled to live in Canada. I'm the one that needs permission!

So, while we've stated on the Spouse Sponsorship forms that we have a son and he's a Canadian citizen and we'd all be moving together, he's nowhere else in the Spouse/Family Sponsorship application. And we've not done any other application processes for anything...

The question: Am I right in saying that basically as long as I turn up with my PR stuff from this process in Canada, my wife and son can basically just 'walk into Canada to live?' Or is there something else we need to be doing ahead of that immigration to Canada?

Maybe jumping the gun - but paranoid I've missed something!

Do Canadians even need to declare that they intend to move to Canada again, or do they just turn up to their local provincial government to register for public services/health/whatever?

Anyone else in this position?

You're right, your child is not a dependent however you need to add him on form IMM 5406 section B... You will probably have to prove that you guys intend to move to Canada once you are granted PR. Yes, your wife and son could just walk in, they are Canadians.

 

[Hurlabrick]

Yep, wife and kid just turn up at the border and say 'Hi, we are home!'. You will need customs 'goods accompanying / goods to follow' forms if they are bringing stuff in with them but that's it. Walk into any Services Canada office with documentation and get a SIN (Canadian NI number), then she can work (if she doesn't already have one.

Good stuff on spousal sponsorship here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

Landing information here:

https://britishexpats.com/wiki/Landing_as_PR-Canada

Canadian provincial heath insurance here:

https://britishexpats.com/wiki/Medical_Insurance-Canada

 

[kevinthegerbil]

You're right, your child is not a dependent however you need to add him on form IMM 5406 section B... You will probably have to prove that you guys intend to move to Canada once you are granted PR. Yes, your wife and son could just walk in, they are Canadians.

Fab - I've done that...! Phew!

 

[kevinthegerbil]

Yep, wife and kid just turn up at the border and say 'Hi, we are home!'. You will need customs 'goods accompanying / goods to follow' forms if they are bringing stuff in with them but that's it. Walk into any Services Canada office with documentation and get a SIN (Canadian NI number), then she can work (if she doesn't already have one.

Good stuff on spousal sponsorship here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

Landing information here:

https://britishexpats.com/wiki/Landing_as_PR-Canada

Canadian provincial heath insurance here:

https://britishexpats.com/wiki/Medical_Insurance-Canada

Oo! Thanks! I'll read these later!

 

[Hurlabrick]

Actually, the hassle you (she) will have will be with the UK! She will need to tell HMRC that she is leaving for good, do this by filling in an HMRC for P85. Also the UK tax year is April to April, but Canada is January to December. So it will make a difference to the UK and her tax treatment in the final UK tax year WHEN she leaves. Leave within 90 days of the start of the UK tax year and no tax. Leave after more than 180 days in the UK tax year and she will be liable for a full UK tax year. Leave between 90 and 180 and she MAY (or may not) qualify for split year tax treatment, depending on 'enduring ties'.

Have a read here:

https://www.gov.uk/tax-right-retire-abroad-return-to-uk

I was in a similar position to her, Canadian lived in UK most of my life with 'leave to remain indefinitely' etc. AND 'kids' with dual nationality (neither of whom wanted to come back to Canada with me) - so I have been through all of this in the last couple of years myself!

 

[phaeo]

I am a dual British and Canadian citizen, I lived in the UK for a long while and moved back to Canada last year. Just wanted to let you know that you'll need to get your son a Canadian passport if you haven't already! When Canada implemented the eTA, the rule is that if you hold Canadian citizenship, even as dual citizenship, you are unable to apply for eTA. This is a problem if you only have a non-Canadian passport, as I did up until 2017. I needed to travel to Canada for work in the summer of 2017, but I was not allowed to travel there on my British passport because to do so would require an eTA, which I was not allowed to apply for as a Canadian... Had to get myself a Canadian passport, which ended up working out for me anyway since I moved here the next year. Anyway, as you are wanting to move permanently to Canada, I'm sure you've already got him one! But in case you hadn't thought of that yet, he won't actually be allowed in without one (they don't let you board the plane if you don't have a valid eTA on your passport these days).

(and the tax stuff above is also very handy!)

 

[kevinthegerbil]

I am a dual British and Canadian citizen, I lived in the UK for a long while and moved back to Canada last year. Just wanted to let you know that you'll need to get your son a Canadian passport if you haven't already! When Canada implemented the eTA, the rule is that if you hold Canadian citizenship, even as dual citizenship, you are unable to apply for eTA. This is a problem if you only have a non-Canadian passport, as I did up until 2017. I needed to travel to Canada for work in the summer of 2017, but I was not allowed to travel there on my British passport because to do so would require an eTA, which I was not allowed to apply for as a Canadian... Had to get myself a Canadian passport, which ended up working out for me anyway since I moved here the next year. Anyway, as you are wanting to move permanently to Canada, I'm sure you've already got him one! But in case you hadn't thought of that yet, he won't actually be allowed in without one (they don't let you board the plane if you don't have a valid eTA on your passport these days).

(and the tax stuff above is also very handy!)

Yes - we have got him a passport. He has had two for quite a while now. Lucky dab. And in a fraction of the time, too!!!

However, the above subtlety is probably very useful to others! I'm not sure that they'll stamp a citizenship certificate for you as you land in Toronto!!

 

[kevinthegerbil]

Actually, the hassle you (she) will have will be with the UK! She will need to tell HMRC that she is leaving for good, do this by filling in an HMRC for P85. Also the UK tax year is April to April, but Canada is January to December. So it will make a difference to the UK and her tax treatment in the final UK tax year WHEN she leaves. Leave within 90 days of the start of the UK tax year and no tax. Leave after more than 180 days in the UK tax year and she will be liable for a full UK tax year. Leave between 90 and 180 and she MAY (or may not) qualify for split year tax treatment, depending on 'enduring ties'.

Have a read here:

https://www.gov.uk/tax-right-retire-abroad-return-to-uk

I was in a similar position to her, Canadian lived in UK most of my life with 'leave to remain indefinitely' etc. AND 'kids' with dual nationality (neither of whom wanted to come back to Canada with me) - so I have been through all of this in the last couple of years myself!

Oh wow - in all my research, I did NOT spot that Canada's tax year is different!!! It's a little late in the day to understand the 90 day thing you've written there, but I'll figure it out when I read it again later (!)

I think I already read that I have to inform HMRC as you leave (trust us Brits to add extra bureaucracy) - but good to have it in black and white.

Thanks for the headsup! That's very useful!