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need advice

liz9000

Full Member
Jan 13, 2011
28
0
Hi,
Question 1:
I need an advice that if my Spouse being Canadian Citizen leaves for a full time job outside Canada and I join him after applying my citizenship with my kids after completing mandatory requirements , will I be having any issues for getting citizenship .

Question 2:
Shall we maintain our status as residents of Canada or can we declare it as non-resident. If we declare it as resident, than meaning , we need to pay taxes while we are not here… if we change it to non resident , than we don’t know whether this will be show stopper to get my citizenship

Any advice… will be obliged

Thnx
 

toshib

Star Member
Apr 17, 2014
104
3
According to the current citizenship law you must stay in Canada till your oath or else it will raise red flags for CIC, you can stay here with your kids in Canada till you get citizenship while your husband workd abroad then join him after you become citizen, for now the processing is fast may take less than a year.
 

links18

Champion Member
Feb 1, 2006
2,009
128
toshib said:
According to the current citizenship law you must stay in Canada till your oath or else it will raise red flags for CIC, you can stay here with your kids in Canada till you get citizenship while your husband workd abroad then join him after you become citizen, for now the processing is fast may take less than a year.
There is still no requirement to stay in Canada between application and oath under C-24--only that you have the requisite intent to reside in Canada after oath. However, obviously being outside Canada and declaring yourself a non-resident for tax purposes could raise suspicions about that. It probably doesn't matter all that much right now as practical issue as the Liberals have vowed to repeal the intent to reside clause.

As far as taxes--CRA has its own rules about when you are a resident for tax purposes. You don't get to just pick on your own. If you have residential ties to Canada, which tends to be interpreted rather stringently (leave a toothbrush behind in Canada) you might still be a Canadian resident according to CRA. There are foreign tax credits and tax treaties that might ease the burden of double taxation however.

If you do become a non-resident for tax purposes, you are supposed to file a final departure tax return and possibly pay departure tax based on the FMV of all your possessions minus various exemptions.