cnd16 said:
To clarify my question - I am looking for obligations to retain residency as a Canadian citizen (not obligations to retain citizenship).
There are various "
residency requirements" for different benefits, entitlements, obligations, and even for the right to vote in Canada's Federal election (the Liberals may walk back the legislation imposing this adopted by the last Conservative government).
Most residency requirements relate to provincial services and obligations. For example, a Canadian must be a resident of Ontario to be eligible for Ontario's health care coverage, OHIP, and in addition to being a "resident," must also be physically present in the province of Ontario at least 153 days of the year.
Which leads to the observation that what constitutes "residency" itself tends to vary and often is not well defined. Who is entitled to a resident hunting or fishing permit for example tends to not be well-defined.
Who is a resident of Canada for purposes of requiring the filing of a Federal resident income tax return, for another example, is a question of fact regarding which various factors can be considered. That said, physical presence in Canada for 183 or more days in a calendar year raises a presumption of residency in Canada, thus an obligation to pay income tax as a resident. But even this is
not conclusive.
And being a resident for one purpose does not conclusively show that person is a resident for another.
All of which is to say what really matters is what residency requirement or purpose are you concerned about. If you are concerned about qualifying for certain federal benefits, for example, those benefits have their own eligibility requirements which might include a residency requirement specific to those particular benefits.
cnd16 said:
Hello,
I have read that a Canadian citizen can lose their Canadian residency if they are out of the country too long. Can anyone provide more information on the rules of this? Is the same rule of 2 years in Canada out of 5 that is applicable to non-Citizens relevant / applied to Citizens? Are there other rules that apply?
Thanks!
This framing of the question alludes to losing the status of a Canadian Permanent Resident. A PR is obligated to spend 2/5 years in Canada to meet the PR Residency Obligation, and a breach of this obligation can result in the loss of PR status.
There is nothing comparable to this for citizenship. No matter how long a citizen has been outside Canada, a citizen retains citizenship and can always return to live in Canada.
But of course a Canadian living outside Canada is
NOT a Canadian resident, for whatever that is worth. Again, the citizen can always move back to Canada, no matter how long gone, and re-establish residency in Canada. Here again, the particular requirements vary. Last I looked, for example, to qualify for Ontario OHIP, the returning Canadian needs to reside and be present in Ontario for three months before becoming eligible for Ontario's health care coverage.
