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Health insurance - open enrollment - 3 days left.. should I wait?

Health insurance - open enrollment - 3 days left.. should I wait?

Old Jan 19th 2017, 11:11 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by catlover3
We were house sitting so we used that address.

BUT- UPDATE: I just called Covered California and we do not have to enrol now. We will be able to use special enrollment as we are not classed as having moved until we have an address in the US. Phew!

Thanks for all your help everyone.
Call me cynical but I would get that statement in writing as like it or not right or wrong it will not be pretty if you find yourself unable to buy coverage and are relying on " well I called in January and they said it would be alright..." Failing that if its too much work to get in writing call again and ask them to direct you to the appropriate place where you can read it for yourself.

Tis just my worldly experience dealing with call centers worldwide. Just this morning I received a different yet more positive telephone reply from that which I received in December from our very own HMRC.

Wish you well.

Last edited by vikingsail; Jan 19th 2017 at 11:13 pm.
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Old Jan 19th 2017, 11:14 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by vikingsail
Call me cynical but I would get that statement in writing as like it or not right or wrong it will not be pretty if you find yourself unable to buy coverage and are relying on " well I called In January and they said it would be alright..." Failing that if its too much work to get in writing call again and ask them to direct you to the appropriate place where you can read it for yourself.

Tis just my worldly experience dealing with call centers worldwide. Just this morning I received a different yet more positive telephone reply from that which I received in December from our very own HMRC.

Wish you well.
You are so right. The first time I called; after reading these very useful comments I opted to use the "live chat" facility so I could get a download of the conversation transcript. It's some assurance I suppose; even if they are wrong!
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Old Jan 19th 2017, 11:15 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by Pulaski
Once you have entered the US under a permanent residence status, as you did by using your EB-1A, you ARE tax resident.

"Dual status" is an IRS concession allowing you to exclude from US taxation a certain period prior to you obtaining permanent residence status.
Thank you. This was not clear at all for me from my reading.
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Old Jan 19th 2017, 11:24 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by catlover3
You are so right. The first time I called; after reading these very useful comments I opted to use the "live chat" facility so I could get a download of the conversation transcript. It's some assurance I suppose; even if they are wrong!
Excellent my golden rule is Insurance companies (all types) set out not to pay out so anything they can hang their hat on to deny coverage will be utilized. Remember insurance is a contract with a for profit business not with a snowflake NGO.
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Old Jan 20th 2017, 2:57 am
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by catlover3
I think we do not qualify as dual status. We were in the US for just 11 days - 31 consecutive days are a prerequisite for this I believe.

Obviously living and working overseas is not advisable but it cannot be avoided. Consular processing under EB1A advises not to "plan travel or employment" prior to acceptance, which we only received last month, and my place of work requires me to give 3 months notice.
Sorry since you entered the US on the EB1 you are a US resident alien. You must understand these things so you can file your taxes correctly. You might not have sufficient income to have to file dual status US taxes in 2016, but you need to understand these issues.

I doubt that US immigration cares much about any notice your UK employer might need, you are doing something that is inadvisable. You should have worked out your notice in the UK before entering the US on your EB1. Your 2017 taxes will be interesting from a residence and primary taxation authority perspective.
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Old Jan 20th 2017, 3:30 am
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by nun
Sorry since you entered the US on the EB1 you are a US resident alien. You must understand these things so you can file your taxes correctly. You might not have sufficient income to have to file dual status US taxes in 2016, but you need to understand these issues.
Another thought - did you get your Social Security numbers when you were over in December? If not, you'll want to file for an extension on your 2016 tax return turn, to allow time to get here, get your SSNs, and sort out your filing situation. It'd give you until October 2017 to file.

(That's assuming, though, you don't need the SSN to file the extension... not sure on that one; never done it.)

You'll probably have an FBAR filing requirement too for 2016, if your UK accounts (including defined contribution pensions) totaled more than $10k at any point in the year.

Last edited by kodokan; Jan 20th 2017 at 3:33 am.
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Old Jan 20th 2017, 6:06 am
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by kodokan
Another thought - did you get your Social Security numbers when you were over in December? If not, you'll want to file for an extension on your 2016 tax return turn, to allow time to get here, get your SSNs, and sort out your filing situation. It'd give you until October 2017 to file.

(That's assuming, though, you don't need the SSN to file the extension... not sure on that one; never done it.)

You'll probably have an FBAR filing requirement too for 2016, if your UK accounts (including defined contribution pensions) totaled more than $10k at any point in the year.
No - we haven't got our SSNs yet either. These were requested through consular processing. And yes you need this to file for an extension.
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Old Jan 20th 2017, 10:42 am
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by nun
Sorry since you entered the US on the EB1 you are a US resident alien. You must understand these things so you can file your taxes correctly. You might not have sufficient income to have to file dual status US taxes in 2016, but you need to understand these issues.

I doubt that US immigration cares much about any notice your UK employer might need, you are doing something that is inadvisable. You should have worked out your notice in the UK before entering the US on your EB1. Your 2017 taxes will be interesting from a residence and primary taxation authority perspective.
But the IRS states

"Substantial Presence Test

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: •All the days you were present in the current year, and
•1/3 of the days you were present in the first year before the current year, and
•1/6 of the days you were present in the second year before the current year"

We were in fact only present for 11 days of the year. Have I misunderstood - you seem to be savvy on these things!!
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Old Jan 20th 2017, 10:51 am
  #39  
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by catlover3
But the IRS states

"Substantial Presence Test

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: •All the days you were present in the current year, and
•1/3 of the days you were present in the first year before the current year, and
•1/6 of the days you were present in the second year before the current year"

We were in fact only present for 11 days of the year. Have I misunderstood - you seem to be savvy on these things!!
Doesn't apply to Permanent Residents: https://www.irs.gov/individuals/inte...-presence-test
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Old Jan 20th 2017, 11:39 am
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by catlover3
But the IRS states

"Substantial Presence Test

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: •All the days you were present in the current year, and
•1/3 of the days you were present in the first year before the current year, and
•1/6 of the days you were present in the second year before the current year"

We were in fact only present for 11 days of the year. Have I misunderstood - you seem to be savvy on these things!!
This is only relevant for non-immigrant visas.....if you have an H1B or a J1 you'd use the Substantial Presence test. You have an immigrant visa, so you became a US permanent resident as soon as you entered on the EB1. Your actions since then are not the usual ones followed by permanent residents and have complicated your tax filing for 2016 and 2017.
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Old Jan 20th 2017, 4:26 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by nun
This is only relevant for non-immigrant visas.....if you have an H1B or a J1 you'd use the Substantial Presence test. You have an immigrant visa, so you became a US permanent resident as soon as you entered on the EB1. Your actions since then are not the usual ones followed by permanent residents and have complicated your tax filing for 2016 and 2017.
Thank you - to kodokan too. Very helpful! I think I know where we are on all this now!
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Old Jan 20th 2017, 4:46 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by catlover3
Thank you - to kodokan too. Very helpful! I think I know where we are on all this now!
Ask any more questions along the way, and good luck with it all! Any idea when your SSNs will turn up? (I don't know what the consular processing you mention means for timescales on receiving them.) Then you'd at least be able to get going on some of the fiscal obligations.

And one more thought - since you didn't seem to realize you were already a Permanent Resident with associated responsibilities, is this something the healthcare person was aware of when they were saying you didn't need coverage until April? I wonder if their advice might have been different...

Last edited by kodokan; Jan 20th 2017 at 4:49 pm.
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Old Jan 20th 2017, 4:49 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

I think the confusion here is that there seems to be an assumption that all these things link in, to the extent they do it would be accidental.

Much easier if you look at them individually and deal with an requirements that way rather than assume that just because one aspect deems you say resident so do all the others.

Every entity for example seems to have a different definition of Resident. One world, multiple meanings.
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Old Jan 20th 2017, 6:12 pm
  #44  
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by Boiler
I think the confusion here is that there seems to be an assumption that all these things link in, to the extent they do it would be accidental.

Much easier if you look at them individually and deal with an requirements that way rather than assume that just because one aspect deems you say resident so do all the others.

Every entity for example seems to have a different definition of Resident. One world, multiple meanings.
The OP's US status is resident alien, both IRS and US immigration service will treat her as such and she has all the responsibilities regarding health insurance and tax of a US resident. I'm not sure how the UK authorities will view her UK status if it ever becomes an issue.....would they decide that entry on the EB1 was enough to give up UK residency when it was a short trip and the OP intended to return to the UK after a couple of weeks... maybe not, but I don't know. The OP could be a dual resident right now and that will lead to complications in 2016 and 2017 taxes that will require the tax treaty to decide which country has primary taxation authority.
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Old Jan 20th 2017, 6:27 pm
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Default Re: Health insurance - open enrollment - 3 days left.. should I wait?

Originally Posted by nun
The OP's US status is resident alien, both IRS and US immigration service will treat her as such and she has all the responsibilities regarding health insurance and tax of a US resident. I'm not sure how the UK authorities will view her UK status if it ever becomes an issue.....would they decide that entry on the EB1 was enough to give up UK residency when it was a short trip and the OP intended to return to the UK after a couple of weeks... maybe not, but I don't know. The OP could be a dual resident right now and that will lead to complications in 2016 and 2017 taxes that will require the tax treaty to decide which country has primary taxation authority.
It is not an either or scenario, the UK has its own rules regarding NHS and nothing in there makes any reference to your deemed status anywhere else, the only thing that matters for NHS whatever is that they meet those requirements as they seem to do/

US Citizens resident in the UK do not need OCare or for that matter pay a penalty for not having it.
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