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Applying for Citizenship while declared as a non-resident

Applying for Citizenship while declared as a non-resident

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Old Feb 9th 2018, 6:46 pm
  #1  
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Default Applying for Citizenship while declared as a non-resident

Hi all

So i have been PR since Oct-2014 (thanks to advice i received here) and my PR expires Dec-2019.

I have done the physical presence calculation and I can now apply for Citizenship

I am relocating to Asia for minimum 2 years, since I need to pay taxes there I am going to declare myself as non-resident in Canada. Hand in Health Card, License Etc...

My question is can i still apply for Citizenship (planning to submit application in Feb, and depart Canada in April) - while I am a non-resident?

Looking ahead a year - i see no reason why my Citizenship application would be rejected. So if I was to return, pass the test, swear oat, get citizenship. Would i then have to declare myself as a resident (even though I will be in asia) or can i be a citizen and a non-resident still?

Thanks
Bobby
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Old Feb 9th 2018, 8:04 pm
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Default Re: Applying for Citizenship while declared as a non-resident

Your PR doesn't expire in December 2019 but the PR card does.

Do you meet the following
Time you have lived in Canada
Regardless of your age, you must have been physically present in Canada for at least:

1095 days during the five years right before the date you sign your application

If not then you cant apply
https://www.canada.ca/en/immigration...igibility.html
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Old Feb 9th 2018, 8:22 pm
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Default Re: Applying for Citizenship while declared as a non-resident

AFAIK if you have met the residency requirements, you can apply. Your issue will be getting back here to do the test, if required, and attend the citizenship ceremony. Usually there is very little notice - less than two weeks - and when we went through the process in 2015, there seemed to be no option to alter the date or give notice of dates that suited the applicant. You could cancel but I don’t know how many times they would be happy for you to delay it - perhaps that would be an option until you were back in Canada?
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Old Feb 9th 2018, 8:51 pm
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Default Re: Applying for Citizenship while declared as a non-resident

Originally Posted by BobbyN
Hi all

So i have been PR since Oct-2014 (thanks to advice i received here) and my PR expires Dec-2019.

I have done the physical presence calculation and I can now apply for Citizenship

I am relocating to Asia for minimum 2 years, since I need to pay taxes there I am going to declare myself as non-resident in Canada. Hand in Health Card, License Etc...

My question is can i still apply for Citizenship (planning to submit application in Feb, and depart Canada in April) - while I am a non-resident?

Looking ahead a year - i see no reason why my Citizenship application would be rejected. So if I was to return, pass the test, swear oat, get citizenship. Would i then have to declare myself as a resident (even though I will be in asia) or can i be a citizen and a non-resident still?

Thanks
Bobby
You don't declare yourself 'non resident' as far as CRA are concerned you either are or are not, determined by their criteria and how they interpret it, not what the tax payers 'declares'. Immigration status is irrelevant to tax residency.

https://www.canada.ca/en/revenue-age...tus.html#p1.30

The test and oath are often not all close together. Our was a couple of months apart. So be prepared for a couple of trips at short notice.

I would get advice from an accountant. CRA may interpret your status differently to you.

Last edited by Aviator; Feb 9th 2018 at 8:59 pm.
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Old Feb 9th 2018, 9:22 pm
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Default Re: Applying for Citizenship while declared as a non-resident

Originally Posted by Twitcher1958
AFAIK if you have met the residency requirements, you can apply. Your issue will be getting back here to do the test, if required, and attend the citizenship ceremony. Usually there is very little notice - less than two weeks - and when we went through the process in 2015, there seemed to be no option to alter the date or give notice of dates that suited the applicant. You could cancel but I don’t know how many times they would be happy for you to delay it - perhaps that would be an option until you were back in Canada?
I have met the residency requirements for citizenship. Short notice will not be too much of a problem, I can travel if needed on the spur
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Old Feb 9th 2018, 9:25 pm
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Default Re: Applying for Citizenship while declared as a non-resident

Originally Posted by Aviator
You don't declare yourself 'non resident' as far as CRA are concerned you either are or are not, determined by their criteria and how they interpret it, not what the tax payers 'declares'. Immigration status is irrelevant to tax residency.

https://www.canada.ca/en/revenue-age...tus.html#p1.30

The test and oath are often not all close together. Our was a couple of months apart. So be prepared for a couple of trips at short notice.

I would get advice from an accountant. CRA may interpret your status differently to you.
I will be deemed a non-resident as far as the CRA is concerned. I will be paid into my UK bank accounts and paying tax in my destination country in asia.

So i did some further reading and it does not seem like there will be any problems me submitting my canadian citizenship application while i am residing in Asia and having my income via a UK source.

thanks
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Old Feb 10th 2018, 4:28 am
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Default Re: Applying for Citizenship while declared as a non-resident

Originally Posted by BobbyN
I will be deemed a non-resident as far as the CRA is concerned. I will be paid into my UK bank accounts and paying tax in my destination country in asia.

So i did some further reading and it does not seem like there will be any problems me submitting my canadian citizenship application while i am residing in Asia and having my income via a UK source.

thanks
Deemed non resident for tax purposes is different.

You would need to submit your application prior to leaving Canada, I believe.

Can I leave Canada after I mail my citizenship application?

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