RETIRING TO CANADA

[uskyoot]

I am a Canadian citizen currently living in the US (green card holder) with my husband (US citizen) He is retiring in about 18 mths and we want to move to Canada at that time. Most of the posts I have read are from young families and I was wondering if anyone has any suggestions, advice for us old timers.

 

[CharlieD10]

Focus more on how you plan to support yourselves in Canada. Obviously the genuineness of your marriage is less important as you have been married and living together for this long. What they will want to know is, now that your husband is retiring and you wish to re-settle in Canada, what are your plans for this re-settlement, and how will you cover your responsibilities as a sponsor (basic necessities, etc).

 

[OhCanadiana]

I am a Canadian citizen currently living in the US (green card holder) with my husband (US citizen) He is retiring in about 18 mths and we want to move to Canada at that time. Most of the posts I have read are from young families and I was wondering if anyone has any suggestions, advice for us old timers.

Hello and welcome Age, per se, isn't a variable for family class sponsorship. That being said, depending on how long you've been married and living in the US and what - if any - your prior mobility as a couple is, your greatest challenge may be how to prove intent to move to Canada. If one or both of you are well established in your home now, the officer reviewing the application may need a few more details to be convinced that you are willing to relocate and that you have thought about the impact of breaking away from your current routine, moving, and reestablishing yourself.

Also, depending on how many countries your husband has worked in, getting police certificates from every country he's lived in for 6 months or longer may be trickier than for younger folks since they expire.

Good luck with your application

 

[uskyoot]

Thanks so much for the input. My husband will have SSI and pension and I will apply for Canada pension as well when we return. This is actually a second mariage for both of us (we have only been married 3 years) and we actually have more ties in Canada than the US. (Lots of grandchildren) so I dont think we will have trouble with why we want to re settle in Canada.

The one thing that I am wondering about is, the pros and cons of waiting until I can get US Citizenship particularly regarding taxes.

 

[scylla]

Thanks so much for the input. My husband will have SSI and pension and I will apply for Canada pension as well when we return. This is actually a second mariage for both of us (we have only been married 3 years) and we actually have more ties in Canada than the US. (Lots of grandchildren) so I dont think we will have trouble with why we want to re settle in Canada.

The one thing that I am wondering about is, the pros and cons of waiting until I can get US Citizenship particularly regarding taxes.

One pro to waiting until you have US Citizenship is that you will likely have trouble maintaining your green card status once you move to Canada. The US has much stricter rules than Canada when it comes to maintaining green card status (PR for Canada). If they see you're not maintaining the US as your primary residence, they will revoke it. Traveling back a few times each year won't be enough to save it. The fact that you're living outside of the US with a US citizen spouse won't save your green card status either.

 

[OhCanadiana]

Thanks so much for the input. My husband will have SSI and pension and I will apply for Canada pension as well when we return. This is actually a second mariage for both of us (we have only been married 3 years) and we actually have more ties in Canada than the US. (Lots of grandchildren) so I dont think we will have trouble with why we want to re settle in Canada.

The one thing that I am wondering about is, the pros and cons of waiting until I can get US Citizenship particularly regarding taxes.

Re Intent to move
Do you still have a home in Canada, or would you initially stay with your kids? Those are the types of details they will be looking for on intent (they seem to be getting pickier...so try to be detailed)

Re pros/cons to wait until you are a US citizen to apply
Once you've been married and a PR for 3 years you are already eligible to apply for US citizenship based on marriage to a US citizen (if you're married to a US citizen you become eligible 3 years after becoming a PR and being married and living with him as long as you have physically been in the US for 18 months vs 5 years otherwise - see pages 18 and 19 of http://www.uscis.gov/files/article/M-476.pdf and can even file your application to naturalize 90 days before the 3 years are up - see page 22 of the same publication) so you could start applying now and have completed the process before you move to Canada. FWIW, it's faster to naturalize in the US than it is to sponsor a spouse for PR in Canada so it shouldn't impact your move to Canada if you do the processes in parallel. Therefore, if your mind is made up re moving back to Canada there's no real pro to waiting until you are a US citizen.

Re taxes and US citizenship
The taxes bit with regards to US citizenship is quite straight forward - if you become a US citizen you will be on the hook for US taxes for ever.* You can deduct taxes you pay to Canada so you may not need to pay anything extra - or not. It depends on relative tax rates for your specific income and holdings.

*well, for ever ends 10 years after you give up US citizenship if you decide to do so (unless you spend essentially no time in the US after renouncing your citizenship when different rules apply...but I figure if you're applying for US citizenship before moving, it's not to give it up shortly thereafter)

ETA - you can check the naturalization timing for your field office for N-400 (naturalization form) at https://egov.uscis.gov/cris/processTimesDisplayInit.do and timing for Canadian spousal sponsorship at http://www.cic.gc.ca/english/information/times/perm-fc.asp (step 1 is currently 82 days and then step 2, which is sequential, for Buffalo takes 11 months for 80% of the cases - see http://www.cic.gc.ca/english/information/times/perm-fc.asp; and even the fastest 20% of the cases take 5 months to complete so you are looking at 7-8 months minimum - see http://www.canadavisa.com/canada-immigration-discussion-board/case-processing-speed-at-visa-offices-step-2-t102206.0.html)

 

[uskyoot]

I think the next time we are in Ontario (end of May) we'll arrange a consultation with a Canada/US tax expert. I'm, not too concerned about pension income as I have done some research on the IRS website and we should fall below the tax levels but I will be coming into a significant amount of money and dont want the Irs to get their hands on it.

I have only had my green card for 6mths as right after we were married my husband was laid off and we had to wait for him to find a job in order to meet the income requirement for sponsorship here. I was only thinking about citizenship if for some reason we had to move back here although I dont really see why we would and we are both anxious to get the process started.

We will be staying with the kids when we first return