Originally Posted by bats

There's been a whole load of stuff about snowbirds thinking they can spend more time in the USA than they are really allowed. Also that it's going to be more noticeable/ documented now with electronic passport reading etc.

Originally Posted by bats

You know that you get the updated amount while you're in a country that it's paid in? So there's really no need for all this.

Originally Posted by aldavidson

Not related to my question that started this thread. There's a current US Congress bill to allow Canadians over 50 or 55 to spend up to 8 months per year. Apparently seems to be expected to be adopted.

Originally Posted by aldavidson

If this were correct I wouldn't have asked the question about residence. If your address is in Canada, UK State pension is not uprated. If you go to USA for a trip or extended stay, DWP have another rule that Canadian residents cannot receive uprating for the duration of their USA stay. It can be uprated for a stay in UK or EEC. It's unscionable discrimination.

Originally Posted by aldavidson

None of this is relevant to my original straightforward question, but thanks for posting.

Originally Posted by not2old

Same question from your thread on the US forum

http://britishexpats.com/forum/usa-5...idence-893300/

Are you looking for folks to tell you its OK to deceive the UK government that your permanent residence is in the US, when likely it isn't because you only snowbird there?

My suggestion to you is to do whatever lets you sleep at night that won't come around & bite you in the backside, all for the sake of a few shillings of indexed state pension

Originally Posted by Davita

1. Not puzzling...both myself and wife have USA ITIN cards (we're retirees)...we filed 1040's until IRS told us to only file if our income was over the minimum threshold. This was considered paper-saving. When I sold our property I paid Capital Gains Tax on the gain, both in USA and Canada.

2. Your driver's license link is irrelevant...that's something to do with illegal immigrants. The following is relevant...

"A few states still allow people to use an ITIN instead of an SSN to apply for a driver’s license. And some banks and credit unions allow ITIN holders to open accounts or apply for loans."

I also had an Arizona-plated Cadillac in my name....and a bank account in B of A which held a collateral loan on our property.

Edit: We used our Canadian license to qualify...I think, as it was some years ago...but I'm sure I wasn't tested. I recall we didn't need to but, I'm sure you're aware, Americans use their driver's license for lots of ID things...including qualifying for discounts in stores....writing cheques ...you name it.

Originally Posted by nun

So what is your US visa status.....B-2?

To file a 1040 you need to be US tax resident or a US citizen....are you either of those? FYI to be a US resident alien you need an immigrant visa or to pass the substantial presence test if you are undocumented. You can get an ITIN and still pay US tax if you are an undocumented alien, but you are also opening yourself up to immigration issues.

Originally Posted by Davita

In particular the para....
"ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code."

There is also a 1040NR for non-residents.

Originally Posted by nun

Exactly, you can have US tax filing requirements as a non-resident, you can also be taxed as a resident because of substantial presence tests while you are not a resident for immigration purposes. The OP asks about residency status as it relates to a UK pension application and I would use the immigration status on that application, not the taxation residence status as deemed by the IRS.

So if you were on a visitor's visa you were not US or AZ resident and likewise until the OP has a US residence visa they are not a US resident.

Originally Posted by Davita

You're welcome Al...and maybe to add a note...
Although I'm still a Canadian Resident, and file taxes to Revenue Canada, I informed UK Pensions that I reside in Bali...no requests for proof of that either.

I changed my residence address because they previously sent their request 'Are you dead yet?' to my residence in BC which is empty while I'm in Bali. When I didn't respond they cut-off my pension.
At my age it's likely they'll send this request more frequently so I changed my address. I didn't want to repeat that issue of having to notarize my existence...

Originally Posted by nun

Well you have committed benefit fraud then. I'm amazed that you'd admit to that in an open forum.

It is true that the OP's question was about what proof of residence is required, but it seems sensible that the responders should explain the potential for benefit fraud in the OP's situation and explain their understanding of the rules.

Canadians, British citizens etc don't need actual visas to visit the US, but the visitor visa rules still apply and the stay is limited to 6 months. They can apply for an extension, but absent that you should not stay longer than 6 months in the US.

This is really simple. All indicators are that the OP is a Canadian resident. If they apply for a UK pension and state that they are a US resident they might not be asked to provide proof, but they have still committed benefit fraud.

Originally Posted by aldavidson

Thanks Davita for your helpful replies and for being the only one in this and the US forum thread to provide an answer to the specific question I asked. Most of the others gave tax and immigration advice which I didn't need or ask for and in some cases was not correct.