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What is our status

meeh16

Newbie
Mar 7, 2013
4
0
posted abroad as partner works for the government outside Canada

have Ontario drivers licence, cc, bank credit, have RRSP,

are we deemed resident?
 

seton

Hero Member
Jun 6, 2012
513
61
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-06-2012
AOR Received.
05-11-2012
Med's Request
15-02-2013
Med's Done....
21-02-2013
Passport Req..
04-04-2013
VISA ISSUED...
22-04-2013
LANDED..........
03-05-2013
Not enough information to determine. I'm not sure what your posted abroad statement meant - are you employed by the provincial/federal government? Were you a Canadian resident prior to being sent abroad? Do you get a representation allowance? You may be considered a considered a resident if you meet the criteria.

Here's your relevant guide: http://www.cra-arc.gc.ca/E/pub/tg/t4131/t4131-12e.pdf
 

meeh16

Newbie
Mar 7, 2013
4
0
my husband is a federal government employee posted outside Canada.

Before leaving for our post, we sold our house but keep credit card, driver's license and bank account in Ontario. Our furniture is in storage in Ontario.

The document states we are a deemed resident if we are a provincial government employee who was resident of Canada just before being posted abroad but the document states as well that we are considered factual residents if we keep significant ties in Canada while living abroad.

That is the confusing part: are we deemed or factual resident?
 

seton

Hero Member
Jun 6, 2012
513
61
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-06-2012
AOR Received.
05-11-2012
Med's Request
15-02-2013
Med's Done....
21-02-2013
Passport Req..
04-04-2013
VISA ISSUED...
22-04-2013
LANDED..........
03-05-2013
meeh16 said:
my husband is a federal government employee posted outside Canada.

Before leaving for our post, we sold our house but keep credit card, driver's license and bank account in Ontario. Our furniture is in storage in Ontario.

The document states we are a deemed resident if we are a provincial government employee who was resident of Canada just before being posted abroad but the document states as well that we are considered factual residents if we keep significant ties in Canada while living abroad.

That is the confusing part: are we deemed or factual resident?
This is an interpretation of residential ties is usually (based on common law) based on three primary ties:

1. Dwelling
2. Spouse
3. Dependents

Considering that you sold your house, you might be considered a deemed (not factual resident) based on the information you provided. The other items (eg bank account, license) are considered secondary items. They generally aren't individually strong enough to establish residency - but if you go far enough, you could (potentially) establish a case with enough secondary ties.