Family in Canada when I work in Israel - can they be Canadians if I am not here?

[zawan12]

All,
Got my PR card and will work in Israel starting in September. I know the 2/5 residency requirement but does not require me to work in Canada. I have brought my wife and six year old boy who will start school in September in Canada and I have bought a condo in Toronto for them (in my name). I plan to visit once a year in summers for what I hope is 2-3 weeks but need to work that out in Israel with my new company. Is it ok my family can get Canadian citizenship when I am not around for the residency requirement? Can I leave them here to get citizenship when I am the main skilled worker but wont be here. I am not sure If I can be so need your advise forum handlers. ZW

 

[torontosm]

All,
Got my PR card and will work in Israel starting in September. I know the 2/5 residency requirement but does not require me to work in Canada. I have brought my wife and six year old boy who will start school in September in Canada and I have bought a condo in Toronto for them (in my name). I plan to visit once a year in summers for what I hope is 2-3 weeks but need to work that out in Israel with my new company. Is it ok my family can get Canadian citizenship when I am not around for the residency requirement? Can I leave them here to get citizenship when I am the main skilled worker but wont be here. I am not sure If I can be so need your advise forum handlers. ZW

Yes, they can stay in Canada and qualify for citizenship, but please be mindful that you will be considered a resident for tax purposes. So, you will have to file your income tax return each year in Canada and pay taxes on your Israeli income, even though you don't live here.

 

[Rob_TO]

Hope you realize too that having family in Canada doesn't get you out of your residency obligation. If you remain outside Canada for work for more than 3 in 5 years total, you would be in violation of RO and a good chance your PR card will be revoked.

If this happens, at least your spouse could sponsor you again from scratch.

 

[zawan12]

ROB_TO

thanks - if my personal RO is not done properly, then what happens to my CIC sponsored family who stay put in Toronto? They can still stay and be Canadians, right? Ill visit as a tourist. And later when they are Citizens I can be brought in sponsored family class by them I hope. ZW

 

[zawan12]

Since my wife does not work or speak English well I hope that is ok too. I plan to be not resident and family can stay in Canada resident to protect me from the taxes obligation. This CIC class is only when I arrive and once in I can leave according to an Angolan friend I have. Thanks Canada - better than Australian for my family to get citizenship.

 

[Bs65]

Since my wife does not work or speak English well I hope that is ok too. I plan to be not resident and family can stay in Canada resident to protect me from the taxes obligation. This CIC class is only when I arrive and once in I can leave according to an Angolan friend I have. Thanks Canada - better than Australian for my family to get citizenship.

Hopefully your wife will master English before the time to apply for citizenship comes around, currently at least 4 years residency out of 6 years.

Your problems with PR may start after about 3 years from landing when you make your annual visit as you may then start to get reported for failing RO although more likely once your PR card has expired given although CBSA will know each time you come into Canada there is not such a focus currently on when you have left each time although that may change soon. You will whilst PR enter as a PR not a tourist given PR as such does not automatically get cancelled even when failing to meet RO, it either has to be renounced voluntarily or renounced by immigration.

You didnt say which passport you travel on given looking way ahead once your PR card has expired and you are out of the country you would need a PRTD to travel by air which might be a challenge although not impossible to get without having met RO. If you are travelling on a visa exempt passport you would need an ETA to travel by air, not available to PR holders, so not being able to get a PRTD due to failing RO and no ETA would mean having to renounce PR at that time.

Not wanting to appear negative but having eventually renounced PR and applying for family sponsorship some distance in future still will always carry a risk for approval or not depending on immigration policy at the time.

Anyway having said all above good luck, others can comment if I misquoted anything

 

[torontosm]

Since my wife does not work or speak English well I hope that is ok too. I plan to be not resident and family can stay in Canada resident to protect me from the taxes obligation. This CIC class is only when I arrive and once in I can leave according to an Angolan friend I have. Thanks Canada - better than Australian for my family to get citizenship.

There is no way for you to remain a non-resident to "protect you from the taxes obligation". If you have a house and immediate family in Canada, you will be a resident for tax purposes and are obligated by law to pay taxes on your global income in Canada. My advice would be to not listen to your Angolan friend and check with with the CRA yourself if you don't believe the advice.

 

[Buletruck]

Torontosm is correct about taxes. Having been a non-resident for tax purposes, you need to cut all ties to Canada. No immediate family, no property, no banking and to a lesser degree no drivers licence, credit cards or other property. Having your wife and children in Canada will require you to report, and possibly pay tax on overseas income. Get a really reputable accountant involved before you determine your tax status in Canada.

 

[zawan12]

I will take all advice. seem my friend lied to me. ill check the facts again. thank you canadians

 

[zawan12]

also this big loophole to let in families - so many I know lie and get kids and family in for citizenship. But contribute nothing and do not participate in the country. Also my unlcle did this in Australia. we love the loop.

 

[torontosm]

also this big loophole to let in families - so many I know lie and get kids and family in for citizenship. But contribute nothing and do not participate in the country. Also my unlcle did this in Australia. we love the loop.

You may love "the loop" but us Canadians don't. We are the ones paying for your kids and family, and you probably shouldn't be gloating about it while asking for advice and guidance. Hopefully the CRA wakes up and cracks down on this soon.

 

[frege]

Yes, they can stay in Canada and qualify for citizenship, but please be mindful that you will be considered a resident for tax purposes. So, you will have to file your income tax return each year in Canada and pay taxes on your Israeli income, even though you don't live here.

You will need to get tax advice from a well-qualified accountant (in preference to the CRA). The criteria for determining whether you will be a tax resident of Canada or Israel are, in addition to Israeli and Canadian tax law, contained in Article IV of the Canada-Israel tax treaty. https://www.fin.gc.ca/treaties-conventions/israel_-eng.asp

 

[torontosm]

You will need to get tax advice from a well-qualified accountant. The criteria for determining whether you will be a tax resident of Canada or Israel are, in addition to Israeli and Canadian tax law, contained in Article IV of the Canada-Israel tax treaty. https://www.fin.gc.ca/treaties-conventions/israel_-eng.asp

No, tax treaties are irrelevant to whether one is deemed a resident of Canada or not by the CRA, and only affect the tax rates that citizens or corporations domiciled or operating in either country have to pay. The criteria are extremely simple and were laid out in an earlier message. The OP will have a house and immediate family living here, so will clearly be considered a resident.

 

[frege]

ROB_TO

thanks - if my personal RO is not done properly, then what happens to my CIC sponsored family who stay put in Toronto? They can still stay and be Canadians, right? Ill visit as a tourist. And later when they are Citizens I can be brought in sponsored family class by them I hope. ZW

Either your wife can sponsor you or, if you haven't yet lost PR status by the time they become citizens (because you haven't tried to enter the country after no longer meeting the residency obligation), you can live with your wife outside Canada for two years and you will keep your PR status.

The law will probably change soon to allow acquisition of citizenship after three years of physical presence, and the current rule that one must intend to reside in Canada after becoming a citizen will probably be dropped. If your family's citizenship application is straightforward, it should take them less than a year to obtain citizenship after satisfying the physical presence obligation.

Please have a look here about proper record-keeping while accumulating residency for citizenship. https://residencequestionnaire.wordpress.com/advice-to-future-applicants/

 

[frege]

No, tax treaties are irrelevant to whether one is deemed a resident of Canada or not by the CRA, and only affect the tax rates that citizens or corporations domiciled or operating in either country have to pay. The criteria are extremely simple and were laid out in an earlier message. The OP will have a house and immediate family living here, so will clearly be considered a resident.

Here is what the CRA writes:

In certain situations, an individual who would otherwise be ordinarily resident or deemed resident in Canada may be deemed not to be resident in Canada pursuant to subsection 250(5) and the tie-breaker rules of an income tax treaty.

Application of subsection 250(5)

1.37 Pursuant to subsection 250(5), an individual will be deemed to be a non-resident of Canada at a particular time if, at that time, although otherwise resident in Canada (either factual or deemed), the individual is considered to be resident in another country under an income tax treaty between Canada and that other country. In other words, subsection 250(5) will apply if the tie-breaker rules in a tax treaty between Canada and another country result in a determination that the individual is resident in the other country.

1.38 Where subsection 250(5) applies, an individual will be deemed to be a non-resident of Canada for all purposes of the Act (that is, the individual will cease to be a resident of Canada from that time). The rules applicable to individuals ceasing to be resident in Canada, including the provisions deeming an individual to dispose of certain property and the Part XIII withholding tax provisions, will apply from that date (see ¶1.39 for further information). Prior to a legislative amendment effective as of February 24, 1998, subsection 250(5) applied only to corporations. Accordingly, subsection 250(5) does not apply to an individual who was resident in another country for treaty purposes, but otherwise resident in Canada, on February 24, 1998, as long as the individual has maintained this dual residence status continuously since that time.

http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s5/f1/s5-f1-c1-eng.html