Sent you a private message :)

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Cmcvay52 - I was born in Chicago and immigrated to Canada in 1968, exams a naturalized Canadian in 1973. The US Consulate took my US citizenship away in 1985, but was allowed an exception by the state department since I worked for government. They then reissued my American passport. I am dual. The US Consulate asked if I always considered myself an American, and I affirmed that I did. Have you contacted the Canadian Embassy or Consulate? If you have your Canadian birth certificate, then you should be able to get a Canadian Passport. The US may want you to renounce your American citizenship if you cannot qualify for an exception. Canada does not require you to renounce US citizenship. Look at

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Cmcvay52 - I was born in Chicago and immigrated to Canada in 1968, exams a naturalized Canadian in 1973. The US Consulate took my US citizenship away in 1985, but was allowed an exception by the state department since I worked for government. They then reissued my American passport. I am dual. The US Consulate asked if I always considered myself an American, and I affirmed that I did. Have you contacted the Canadian Embassy or Consulate? If you have your Canadian birth certificate, then you should be able to get a Canadian Passport. The US may want you to renounce your American citizenship if you cannot qualify for an exception. Canada does not require you to renounce US citizenship. Look at cic.gc.ca Once you get your Citizenship Certificate you can sponsor your wife under the family category for her Right of Permanent Residence. Lots of paperwork, everything on the website cic.gc.ca Once you have that you will be able to enter Canada together and she will be issued her permanent residency visa at immigration when you enter. Citizenship & Immigration Canada are very picky about not letting you apply to sponsor your wife from inside Canada. Once you have have your Canadian Citizenship Certificate, you can apply for a Social Insurance Number, that's important since you need that to sponsor your wife. Once in Canada, she can get her's with her Permanent Residency Visa at any Canadian Access Centre. You are goog to go then. One last important rule is when she gets her "Right of Permanent Residency", CIC only gives you a couple months to enter. If you don't observe the deadline, then her Right of Permanent Residency is cancelled and you have to start all over. It would be different if you were living in Canada when you got married then you could apply to sponsor her from inside Canada.

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Cmcvay52 - I was born in Chicago and immigrated to Canada in 1968, exams a naturalized Canadian in 1973. The US Consulate took my US citizenship away in 1985, but was allowed an exception by the state department since I worked for government. They then reissued my American passport. I am dual. The US Consulate asked if I always considered myself an American, and I affirmed that I did. Have you contacted the Canadian Embassy or Consulate? If you have your Canadian birth certificate, then you should be able to get a Canadian Passport. The US may want you to renounce your American citizenship if you cannot qualify for an exception. Canada does not require you to renounce US citizenship. Look at cic.gc.ca Once you get your Citizenship Certificate you can sponsor your wife under the family category for her Right of Permanent Residence. Lots of paperwork, everything on the website cic.gc.ca Once you have that you will be able to enter Canada together and she will be issued her permanent residency visa at immigration when you enter. Citizenship & Immigration Canada are very picky about not letting you apply to sponsor your wife from inside Canada. Once you have have your Canadian Citizenship Certificate, you can apply for a Social Insurance Number, that's important since you need that to sponsor your wife. Once in Canada, she can get her's with her Permanent Residency Visa at any Canadian Access Centre. You are goog to go then. One last important rule is when she gets her "Right of Permanent Residency", CIC only gives you a couple months to enter. If you don't observe the deadline, then her Right of Permanent Residency is cancelled and you have to start all over. It would be different if you were living in Canada when you got married then you could apply to sponsor her from inside Canada.

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The USA does not encourage but does not automatically take away US citizenship either. There should be no need to get an 'exception' to retain US citizenship.

It is when you apply for citizenship in another country and THEY want you to renounce your US citizenship (as some countries do but not Canada) that there is an issue.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

The question I would have in that regard is why would someone want to retain it? I ask this because of the tax implications. The USA is the ONLY country in the world that requires you to file a tax return EVERY year for as long as you are a US citizen, REGARDLESS of where you live or for how long. So you may want to think about that down the road.

If you have your Canadian citizenship certificate and birth certificate cmcvay52, then you simply apply for a passport and will get one with no problems. As a Canadian citizen, you are free to drive across the border today and live and work there with no questions asked. A citizen is a citizen, you do NOT need to 'obtain residency'.

As a citizen, you are entitled to sponsor your wife for Permanent Residency just like every other citizen of Canada.

This can be done from outside or from within Canada. Standupguy got that part mixed up somehow.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

The issue there usually is when the spouse wants to work before becoming a Permanent Resident. She cannot work without having a Work Permit but that too is available if needed.

Your wife will get special treatment in the sense that she only has to be your wife, she does not have to qualify based on her own ability to contribute to Canada. ie. as someone entering based on their having a skilled trade etc. has to do.

You do have to meet the requirements to be eligible to sponsor her of course.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

The one to consider there assuming there is no criminal issues, is the financial requirement. Basically, you have to show you can support her from the start so that she does not become a burden on the Canadian taxpayer.

So that means you have to show an income from somewhere when you apply to sponsor her. If you do not have an income when YOU arrive in Canada to start your life there, then you will need to wait till you have an income before you sponsor her.

http://www.cic.gc.ca/english/information/applications/guides/5482Eguide.asp

Once you have sufficient income, you're good to go.

So in theory, the two of you could drive across the border today on your US passports as tourists. Just like any other US tourist.

You could then decide you want to stay in Canada. As you are a Canadian citizen there is no issue with you doing that.

Your wife could stay for up to 6 months as a tourist with no issue. During that time, assuming you find a job, you would then sponsor her for Permanent Residency as your spouse, from within Canada.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Or you can start the process from the USA and wait till she gets her Permanent Residency Visa before you both make the move. Your choice.

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Thanks for all the information. Very thorough and it sounds like a much less strenuous process than I had been led to believe. But we'll see once we get into it. Thanks again!

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OldPro - No mix-up on my part since I went through the process of sponsoring my wife. So I know how it works. We needed a visa for my wife since we could not drive across the border, had to fly in. A birth certificate is not enough to get a Social Insurance Number. One needs a Certificate of Canadian Citizenship.
As I was also an American, when you go to renew your US passport in Canada they will ask a lot of questions about your status in Canada. US law prohibits you from being a citizen of a foreign country. The rules were liberalized in the 80's because Israel granted US citizens Israel citizenship. As for paying US the tax when residing in Canada, the US allows a $200,000 tax credit. I wish I made that kind of dosh! I filed for many years, but stopped. I had no problem renewing my US passport. Your information is incorrect regarding what happens when the US Embassy or Counsulate finds out that you have become a Canadian. Like I said, been there done that. They take your US passport and the US state department reviews the circumstances regarding the reason you became a Canadian. Mine was a condition of employment. So I qualified for an exception. Lastly, an American wife can probably get a tourist visa. But CIC denied my wife one twice giving vague reasons (it could be this or that) I lost over $300, even with return plane ticket. CIC does not want you to sponsor your wife from inside Canada, though in some circumstances they allow it if you marry a foreigner inside Canada. One last point. I get a small monthly US Social Security check and since it is not Canadian income, there is no T4 and I don't declare it. I live outside Canada for 9 month a year. Even after I leave Canada permanently and become a permanent resident in the country where I live, I still have to pay Canadian tax on my pension. The CRA cancels my OAS pension that I paid into for almost 50 years. I have to sell my home and car and all other assets. Even then the CRA can demand that I give up my Canadian passport. Though I pay taxes in my country of residence, it is impossible to stop Canadian taxation. The CRA even makes you give up your Canadian banks. For sure, Canada is the most taxed country in the world

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Standupguy, the OP is already a dual citizen.

The OP was born in Canada and became a US citizen. The opposite of your situation. When he became a US citizen, neither the USA nor Canada required him to give up Canadian citizenship. He does not need to explain anything to US Immigration or the Passport office as that was already covered when he became a US citizen. If they were going to object to his maintaining dual citizenship, they would have done it then.

His wife can fly or drive into Canada on a US passport as a tourist. Just like any other tourist.

I don't know why you are mentioning getting a SSN. The OP is a Canadian citizen with a Birth and Citizenship Certificate and so has no problem getting a SSN.

US law does NOT prohibit you from having dual citizenship. I've already given a link that shows that.

Here is the quote that applies to the OP: "or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another.

Here is the link: https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

The OP is Canadian by BIRTH and a US citizen by naturalization,

Regarding income tax. I did NOT say you had to pay taxes, I said you have to FILE a tax return every year for as long as you remain a US citizen. They are not one and the same thing.

That you have not continued to file means that you have in fact broken the law in that regard. That's your business.

A US citizen does not need a visa to visit Canada and never have. Only recently, has anything changed and that is in regards to air travel. Now a US citizen needs an ETA to visit Canada if they fly in. It takes minutes online and costs $7. By land, you just need to show your US passport.

Why the CIC denied your wife entry has nothing to do with the OP. His wife is not your wife. You might as well say CIC denied anyone and therefore they WILL deny his wife.

CIC does not care if you sponsor from within Canada. In fact, it is actually a slower process because they prioritize those applying from outside Canada on the assumption that there is no rush for someone who is already legally within Canada.

What can happen is that if the person LEAVES Canada after having applied for PR status and then tries to re-enter Canada, there is no GUARANTEE that they will be allowed to re-enter. Nothing to do with having applied for PR status, simply that every time someone enters the country, they are subject to the same possibility of being denied entry for the same reasons as anyone else.

So rather than take even that small risk which would mean having to start all over again and apply from outside Canada, it is wiser to stay in Canada until PR status is granted if you start the process from within Canada. Again, this is covered in the links I gave above.

Re your US SS income. Canada taxes on worldwide income. There is a tax agreement between Canada and the USA to avoid double taxation. So you don't have to pay tax on it in both countries but you DO have to declare it in both countries. It is illegal to not do so.

Your last part about the CRA and what will happen when you move permanently makes no sense to me at all and I have no idea where you are getting that kind of information from.

If you are a Canadian citizen, the CRA has no authority whatsoever over that and certainly cannot make you give up Canadian citizenship or your passport That's nonsense. CIC could take away citizenship but ONLY if you had it for less than 10 years.

The same is true of OAS. If you have paid in for 50 years as you say, NO ONE can take it away from you and you can have it paid into a bank in any country in the world.

As for being 'deemed resident for tax purposes' which you didn't name in that way but nevertheless is what you are talking about, that part makes some sense. However, it is possible to become 'deemed non-resident for tax purposes' by severing ties with Canada (without giving up citizenship) and NOT have to pay any income tax in Canada on any income INCLUDING income from your CPP and OAS if you choose to pay income tax in another country with which Canada has a tax agreement.

I am concerned when you write that you believe the CRA can CANCEL your OAS pension. I don't know if you somehow made a mistake in how you wrote that but if you actually believe that then I would urge you to get professional tax advice.

Finally,, these last comments to you standupguy are off topic and for that I apologize to the OP.

If you want to discuss your situation standupguy, send me a PM on it.


Finally, finally, please try to write in paragraphs, it's a whole lot easier to read that way.

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Old Pro - As you say "or a person naturalized as a U.S. national may not lose the nationality of the country of birth." Canada in your case. That is the reverse situation of mine. There is no quid pro quo. In fact there is a US law prohibiting you from becoming a citizen of a foreign country. If you born as a US citizen, and become a citizen of a foreign country, then the US Embassy will seize your US passport when you try to renew it, and the circumstances of your foreign citizenship will be reviewed by the State Department which may then grant you to keep your US passport. Old Pro, say what you like about me being off-topic, but THIS IS WHAT HAPPENED TO ME, as I was born in the USA, You were a Canadian and became a US citizen. That is not the same! Also, once you have a Permanent Resident Visa, you can come and go from Canada as you like, there is no danger in loosing it. My wife and I have been doing that for 4 years now. She just needs to show her Permanent Resident Visa when she re-enters Canada.

To become a non-resident of Canada, according to the CRA, you have to give up your car, home, Canadian assets, and bank accounts. Then you can qualify for the CRA N5 (form) status, good for 5 years and renewable, meaning your are exempt from Canadian Tax If you are a resident of Algeria, Azerbaïjan, Brazil, Croatia, Cyprus, Ecuador, Greece, Ireland, Italy, the Philippines, Portugal, Romania, Senegal, Slovenia or Turkey and are applying only to receive a treaty exemption on qualifying income, You are not electing under section 217 and do not need to file a Canadian income tax return, My post was intended for a wider audience than just Americans who get special privileges that other nationalities do not. True, Americans can get into Canada as visitors. A Canadian born American still must have a CANADIAN CITIZENSHIP CERTIFICATE to be a Canadian. Just a birth certificate is not enough, yet enough to apply for a Certificate of Canadian Citizenship. But you are wrong when you say "CIC does not care if you sponsor from within Canada. In fact, it is actually a slower process because they prioritize those applying from outside Canada on the assumption that there is no rush for someone who is already legally within Canada." Why did CIC refuse my wife a tourist visa twice (saying it may be this or that reason)? The reason is they do not want to do removals from Canada if there is some thing that might compromise granting a Right of Permanent Residency entry visa. They go through everything from baptismal records, birth and family history, previous marriages, education, employment, medical examinations, etc. They don't want terrorists entering Canada. Example, if your wife has tattoo's, sometimes indicating gang affiliation, it can be a problem as we were told this by the doctor authorized by the US Embassy to give my wife her medical exam. But I am going off topic and I know that upsets you. I know you try very hard to be the expert on everything.

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Old Pro - Here is the CRA guide reference for Canadian Expats who have lived outside Canada for more than 183 days. It is taken from the CRA guide: "You have to repay all or part of your old age security or employment insurance benefits. See line 235. If you were a non-resident of Canada in 2015, you will use the T1136, Old Age Security Return of Income, to repay all or part of your OAS. "?

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I have no idea what you are referring to standupguy. Post a link and I'll have a look at it.

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OK, I did a search and found what you are referring to.

http://support.drtax.ca/dtmax/eng/kb/dtmax/eng/t4155-15e.pdf

So people who have an income of over $72k don't get to keep 100% of OAS payments.

So what?

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OldPro - no "so what"! Just that you replied to my original post saying that Canada absolutely does not claw back OAS if you are an Emigrant. My post was intended as a correction to that statement since I know you are a stickler for accuracy. Also you have to give up all bank accounts, credit cards and your drivers licence. Canada will let you return for infrequent visits occasionally. Canada is about Taxation They give with one hand and they take back with the other.

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You seem to constantly mix up things standupguy.

They do not claw back OAS payments because someone chooses to LIVE in another country. They claw them back because the person has too high an INCOME. They do this whether you live in OR out of Canada.

So Canada absolutely does NOT claw back OAS BECAUSE you choose to live in another country in retirement.

The obvious thinking is that if you earn more than $74.789(this year) per person, you do not need OAS. But if you earn less than that, Canada will pay your full OAS entitlement into any bank account in any country in the world. Not all countries will do that.

Here is a link that shows you that ALL senior citizen taxpayers are treated the same way.
http://www.taxtips.ca/seniors/oas-clawback.htm

If you choose to live outside Canada, you do NOT have to give up a bank account, credit card or driver's license. But if you keep them, then you may be 'deemed to be resident' in Canada and taxed as such.

For someone who wants to be 'deemed non-resident' therefore, they may decide to GIVE them up. That is not the same as not being ALLOWED to keep them. No one can tell you that you are not ALLOWED to have them except the bank, the credit card issuer or the provincial licensing department. The federal government has NO control over any of that.

I left Canada and kept all of those 3 things for years while still not paying any tax in Canada. The bank didn't care and the credit card issuer didn't care. The Ontario government would have said I couldn't keep my license if I didn't reside in the Province but they weren't going to go hunting to find out if I was or not obviously. On return visits I simply went in and renewed my driver's license using my Brother's address. Technically illegal, but harming no one.

Canada cannot stop any Canadian citizen from returning for however long they want, however often they want. They cannot LET you 'return for infrequent visits occasionally' as you put it, or not let you. If you are a Canadian citizen YOU decide when and for how long you will visit.

But they CAN say that if you spend X amount of time in Canada in a year, then you will be 'deemed resident for tax purposes' in that year.

I am a stickler for details standupguy, you are right about that. I am a stickler because it is the details that matter when it comes to dealing with any government bureaucracy including Revenue Canada. We need to know what they are and are NOT in control of and what WE are and are not in control of.

It might interest you to know this. I paid no income tax to Canada for years. I filed no returns for years. When I returned to Canada to live, I applied for my CPP pension and that meant I was back 'on the books'.

So I filed a tax return after my first year back in Canada. I showed minimal income and no tax payable. Picture it. No returns for years, then a return showing little income and no tax to pay.

Did I hear one word from Revenue Canada? Did they ask why I had not filed a return for years? Did they ask how come I had so little income to report? NO they did not, not one question.

They have a lot of power, but it is DEFINED and IF you know what they are and are not in control of vs. what you are and are not in control of, then you can determine how to maximize what YOU are in control of.

Always remember that tax avoidance is not tax evasion. The first is legal while the second is not. Know the difference and how it applies to you in your situation.

Every country is about taxation as you say Canada is. Every country gives somethings with one hand and takes with the other IF THEY CAN. It is up to you to figure out how to limit what they can take from you by using sound tax avoiding strategies Do some reading from here:
http://www.moneysense.ca/magazine-archive/everyones-guide-to-tax-shelters/

The 'taxman' is not SMARTER than you but they are often better INFORMED than the average person. It is up to the individual to become informed if they want to avoid many of the issues that you are talking about standupguy.

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Oldpro don't equivocate.

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Equivocate???

Are you serious. Canada does NOT claw back OAS because someone left Canada. Where is the equivocating in that statement?

There is NO connection between where you live and whether or not you get OAS payments.

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Old Pro all my posts are cut and paste from CRA documents. You are correct in your post regarding OAS claw back once you exceed income limits. As for forcing you to give up medical coverage, bank accounts, credit cards, boat, motorcycle, house, and only allowing infrequent and short term return trips back to ???? that is all copy and paste from the CRA Emigrant guide. You are well informed admittedly, but not 100 % accurate, as in your US emigrant post stating that the State Department must reinstate your US citizenship before you are dual. I know because they took away my US passport, but like I posted before, I got it back because being a Canadian was a condition of employment for me. Canadian government has mastered smoke and mirrors. There is more transparency on the US. They make up financial authority outside of legislation. I know after 17 years as a policy advisor. But here I go off topic. What has not been discussed is the under current of anti- American sentiment that is systemic in Canada. Emigrants from the US must adopt the Canadian accent quickly. Of course Canadian politeness would always mask it.

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Old Pro errata It was I who stated that you loose your US citizenship and can apply to get it back. The reverse of Canadian emigrants to the US.

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Marriage to a Canadian citizen does not automatically confer Canadian residency or citizenship.

She must first apply for residency, meet those qualifications and receive same and then apply for citizenship after being a resident for some time. (1460 days presence over a 6 year period) . There are other details.

You can be her sponsor. for her to become a permanent resident. But see the special times for how long this step might take.

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Hi, I hope I'm still on-topic with this observation/question. If not just let me know...but as I was just finally getting around to looking at the process to apply for a Canadian passport I noted that I had all my bases covered until I saw something about needing two guarantors to vouch for me and they needed to be Canadian citizens. Again, I AM a citizen of Canada, born in Quebec, adopted by US citizens and raised in the US who has, through a long process in the last decade confirmed my Canadian citizenship (ultimately getting my citizenship certificate) and now wanting to obtain a Canadian passport. But I don't know anyone in Canada. I've had conversations via email with some Canadian government workers who I contacted while going through the citizenship process, but that is all.
Am I reading the instructions correctly and I actually do need guarantors in order to obtain a Canadian passport?
Thanks in advance for any comments, answers, information, corrections that you may have for me.

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If you have not known an eligible guarantor for at least two years, complete form PPTC 132 "Statutory Declaration in Lieu of Guarantor" available from any passport office or by telephone. The form must be sworn to or declared before, and signed by, a person authorized by law to administer an oath or a solemn declaration. If completed outside Canada, a qualified official includes a Canadian or British diplomatic or consular representative, or a qualified local official (for example, a civil servant, or member of a legislature).

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