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Ranny Labbao

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Nov 18, 2020
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My friend has a son born here in Canada as citizen but both of them parents are temporary foreign worker before here in Canada. They went back home to their country of origin after their contract is done. Is there any possibility that their son can received child support from the government since he was a Canadian citizen.
 
My friend has a son born here in Canada as citizen but both of them parents are temporary foreign worker before here in Canada. They went back home to their country of origin after their contract is done. Is there any possibility that their son can received child support from the government since he was a Canadian citizen.

They need to be living in Canada to quality for the benefit.
 
I believe child benefit are linked with CRA and the parents need to be in Canada and file taxes as well
 
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The short answer is no, they cannot apply for CBB as they are not eligible. Doesn't matter if the child is Canadian or not, more to do with the parent's status.
Who can get the Canada child benefit
You must meet all of the following conditions:

  • You live with a child who is under 18 years of age
  • You are primarily responsible for the care and upbringing of the child
    See who is primarily responsible
  • You are a resident of Canada for tax purposes
  • You or your spouse or common-law partner must be any of the following:
    • a Canadian citizen
    • a permanent resident
    • a protected person
    • a temporary resident who has lived in Canada for the previous 18 months, and who has a valid permit in the 19th month
    • an Indigenous person who meets the definition of "Indian" under the Indian Act
 
They need to be living in Canada to quality for the benefit.
Note necessary, you can still get CCB if you are a factual resident of Canada for tax purposes while living outside Canada.
Residency status
You are a factual resident of Canada for tax purposes if you keep significant residential ties in Canada while living or traveling outside the country.

The term factual resident means that, although you left Canada, you are still considered to be a resident of Canada for income tax purposes.

Situations where you could be considered a factual resident
You may be considered a factual resident of Canada if you are:
  • working temporarily outside Canada
  • teaching or attending school in another country
  • commuting (going back and forth daily or weekly) from Canada to your place of work in the United States (U.S.)
  • vacationing outside Canada
  • spending part of the year in the U.S., for example, for health reasons or on vacation
Entitlements to benefits and credits
Canada child benefit
If you are eligible to receive the Canada child benefit (CCB), you will continue to receive it and any related provincial or territorial benefits you are eligible for during your absence from Canada. However, you will have to file a return each year so the CRA can calculate your CCB. If you have a spouse or common-law partner, they will also have to file a return each year. If your spouse or common-law partner is a non-resident of Canada, they will have to file Form CTB9, Canada Child Benefit – Statement of Income.
If you have a child while outside Canada, you can apply for the CCB by sending the CRA a completed Form RC66, Canada Child Benefits Application. For more information, see Booklet T4114, Canada Child Benefits and related provincial and territorial programs.
 
Note necessary, you can still get CCB if you are a factual resident of Canada for tax purposes while living outside Canada.
Residency status
You are a factual resident of Canada for tax purposes if you keep significant residential ties in Canada while living or traveling outside the country.

The term factual resident means that, although you left Canada, you are still considered to be a resident of Canada for income tax purposes.

Situations where you could be considered a factual resident
You may be considered a factual resident of Canada if you are:
  • working temporarily outside Canada
  • teaching or attending school in another country
  • commuting (going back and forth daily or weekly) from Canada to your place of work in the United States (U.S.)
  • vacationing outside Canada
  • spending part of the year in the U.S., for example, for health reasons or on vacation
Entitlements to benefits and credits
Canada child benefit
If you are eligible to receive the Canada child benefit (CCB), you will continue to receive it and any related provincial or territorial benefits you are eligible for during your absence from Canada. However, you will have to file a return each year so the CRA can calculate your CCB. If you have a spouse or common-law partner, they will also have to file a return each year. If your spouse or common-law partner is a non-resident of Canada, they will have to file Form CTB9, Canada Child Benefit – Statement of Income.
If you have a child while outside Canada, you can apply for the CCB by sending the CRA a completed Form RC66, Canada Child Benefits Application. For more information, see Booklet T4114, Canada Child Benefits and related provincial and territorial programs.
Maybe but the OP implied they were temporary workers whose contract was finished so they returned home. Assume at some point they will no longer be considered tax resident in Canada having left and would not meet the criteria quoted here for being a factual resident.
 
Maybe but the OP implied they were temporary workers whose contract was finished so they returned home. Assume at some point they will no longer be considered tax resident in Canada having left and would not meet the criteria quoted here for being a factual resident.
Agreed, as I said above in his friend's case they aren't eligible no doubt about that. I was trying to make a nuance with the way scylla answered the OP directly by :
They need to be living in Canada to quality for the benefit
This is not the main reason why they won't be eligible, as you can live outside Canada and still be eligible.
 
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My friend has a son born here in Canada as citizen but both of them parents are temporary foreign worker before here in Canada. They went back home to their country of origin after their contract is done. Is there any possibility that their son can received child support from the government since he was a Canadian citizen.

Always surprises me when people expect the Canadian government and taxpayers to provide social benefits while living abroad and not paying taxes. CCB was created to help with the recognized high cost of raising a child in Canada.
 
Always surprises me when people expect the Canadian government and taxpayers to provide social benefits while living abroad and not paying taxes. CCB was created to help with the recognized high cost of raising a child in Canada.

I must admit that I am (pleasantly) surprised to see your sensitivity to integrity and good governance with regard to public spending. Remarkable ... (Quite frankly, and without irony: I share your concern about the money of the taxpayers, our money to all).

... Of course, I would have been more impressed if you had been in agreement with yourself and your principles, and if in consistency you would have taken the plunge, and if you had had the courage to denounce in all impartiality and in all intellectual honesty the abuses of public funds that were exercised by several civil servants in the federal public sector (at least until the 9th of this month) ... This had required the intervention of the secretariat of the Treasury Board of Canada to force them to stop abusing code 699 for no reason.

(The saddest thing about this story is that their union has launched legal action to try to 'preserve their rights' (Their right to continue to be paid full rate with taxpayer money of course) ... But hey, that's another story, isn't it?

It is true that some sensibilities can alter some judgments.


Codially and with respect.

, Piotr.
 
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Always surprises me when people expect the Canadian government and taxpayers to provide social benefits while living abroad and not paying taxes. CCB was created to help with the recognized high cost of raising a child in Canada.
Too much hands out mentality I guess