C O R R E C T I O N about number of days in Ontario -
David,
You wrote that this current resident of Ontario would need to
stay in
Canada for 183 days a year in order to keep provincial medical
coverage.
But I think OHIP allows you coverage even if you spend up to 7
months out
of province (important for tax benefit). Their website says you
have to
spend 153 days in the province.
Really enjoying receiving your emails.
Regards,
Phil B
--------------------
david ingram replies:
I hate it and love it when I am wrong. BC is adamant. You have
to sleep in BC more than 183 nights a year - i.e make your home
in BC and I have seen BC turn people down who spend too much time
in the YUKON and Mexico but clearly live in BC. this means that
for BC, it is impossible to maintain a green card and BC medical
at the same time because both require the more than 183 days in
their jurisdiction to be valid.
However, Phil has correctly pointed out that Ontario's own OHIP
website clearly states that you only have to be in Ontario 153
days a year to qualify as long as you make your home in Ontario.
Technically then, you should be able to make your home in Ontario
and still keep a green card active by spending more than 183 days
in the US.
The following is from the OHIP website at
http://www.health.gov.on.ca/english/public/program/OHIP/ohip_mn.h
tml
Eligibility
Ontario residents are eligible for provincially funded health
coverage (OHIP). To be eligible for Ontario health coverage you
must :
* be a Canadian citizen or have immigration status as set
out in Ontario's Health Insurance Act, and
* make your permanent and principal home in Ontario, and
* be physically present in Ontario 153 days in any 12-month
period.
OHIP coverage normally becomes effective three months after the
date you establish residency in Ontario. The ministry strongly
encourages new and returning residents to purchase private health
insurance in case you become ill during the OHIP waiting period.
This would also affect another prior q & a for an Ontario lady
trying to stay in her Florida home more.
Now I have to find that person's email address and send a
correction to her as well. Thanks Phil
Please note that every province has its own rules.
New Brunswick is on the record as having some 250,000 more cards
issued than there are people in the province and does not have a
number of days in its regs.
Nova Scotia does say you must be ordinarily present in Nova
Scotia for at lest six months.
Alberta does not have a number of days but says you moist be
ordinarily present (whatever that means)
Saskatchewan says you must be ordinarily resident at least six
months.
Manitoba says you have to be physically present at least six
months
Quebec requires you to be in Quebec for 183 days but will allow
you to be out of the province for more than 183 days one out of
seven years.
PEI specifically requires six months PLUS a day as follows:
The Plans are designed to provide coverage for eligible PEI
residents. (A resident of PEI is defined as anyone who is legally
entitled to remain in Canada and who makes his or her home and is
ordinarily present, on an annual basis, for at least six months
plus a day in Prince Edward Island.) PEI residents lose their
eligibility if they are absent from the province longer than six
months, unless they obtain a waiver of this requirement from the
Department.
Newfoundland requires six months and tells you that you have to
get a special card if going to be gone more than six months
OUT-OF-PROVINCE HOSPITAL AND MEDICAL SERVICES
The provincial Hospital Insurance Plan and the Medical Care Plan
(MCP) provide coverage to beneficiaries who temporarily leave
Newfoundland and Labrador. Patients are required to provide and
valid plan registration card (MCP card). Therefore, prior to
leaving the province, an Out-of Province Coverage Certificate
should be obtained from MCP for absences longer than six months.
I could not find a reference for the Yukon other than a reference
that a resident of the Yukon was as defined in the Canada Health
Act. The CHA states:
resident” means, in relation to a province, a person lawfully
entitled to be or to remain in Canada who makes his home and is
ordinarily present in the province, but does not include a
tourist, a transient or a visitor to the province;
Of course, the Yukon Territories is not a "province" but I tried
Newfoundland has a six month rule as follows:
All permanent residents of the NWT are eligible for coverage.
"Permanent resident" means a person legally entitled to remain in
Canada who makes his/her home in (and is ordinarily present in)
the NWT for six months of the year, but does not include a
tourist, transient or visitor to the NWT. "Makes his/her home" is
defined as where the person receives mail, keeps personal
property, and spends the majority of time.
Should an individual leave the NWT under the conditions of
temporary absence, the resident must remain in the NWT for six
cumulative months after returning to the NWT.
Last, but not least Nunavut only has a population of 28,000
people. I could not find any reference but presume that the
Canada Health Act definition I printed for the Yukon would
suffice.
AS you can see, the general rule is six months and I am sure that
it was six months for Ontario the last time I looked at it.
However, they now specifically state 153 days.
Again, thanks Phil.
Hell of a day when I do not learn something.
> ------------------------------------------
>
> Sent: Tuesday, May 23, 2006 7:10 AM
> To: taxman at centa.com
> Subject: moving to the U.S. with children
>
>
> Hi there:
> I have a fiancé..he is a single parent
raising 2
> children and has an elderly parent to look after as well..he is
a U.S.
> citizen. I'm a single parent raising 2 children in Ontario
Canada. We are
> thinking of purchasing a house in Niagara Falls U.S. side
together as its
> easier for me to move then for him. I'm proud to be a Canadian
and wish to
> stay that way..eventually we will be moving back to Canada. I
have no idea
> where to start. Is there an everything i need to know in
layman's terms book
> with regards to :
> 1. Can i co- own a house in the U.S.?
> 2. How do i retain my Canadian Privileges
eg. Health
> cards?
> 3. How long can i stay in the U.S?
> 4. How do i do get permission to work
there.?
> 5. Can my children go to school in the U.S.?
> 6. What about taxes?
>
>
> The plan right now is for me to Stay with my sister in Ontario
for a few
> days a week to work then be in the U.S the rest of the week. We
will be
> looking for homes right near the border. After his Father
Passes away we
> most likely will move back to Canada, but we don't feel its
right to take
> him
> from his home at this time and is the reason im going there.
There is no
> rush to purchase or to move right away so we want to start
figuring it all
> out well in advance to avoid any suprises.
>
> Thanks for your time im sorry this question is so lengthy and i
hope you
> can
> point me in some direction other then the round and round
conufsed one im
> in
> now,
> ___====================================
>
> david ingram replies:
>
> 1. yes
> 2. You have to sleep in Canada more than 183 nights to
retain your
> Provincial health cards and benefits
> 3. up to six months a visit provided you have a home in
Canada. Your
> sister's will usually not qualify unless you put the phone and
hydro in
> your
> name
> 4. You need a green card or work visa. If he sponsors you
as a fiancée
> and
> you get marred within 90 days, you will get your green card
soon after.
> 5. Only if you get status as a spouse or as a worker with a
work visa of
> some sort. Only your US employer can apply for a visa for you.
> 6. What about taxes - if you ask me I could write a book -
other Q & A's
> you
> will receive might answer this for you.
>
> =================
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If you
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> ------------------------------------------
>
>
> QUESTION: I am an American man living in California and plan to
marry a
> Canadian woman who lives in Toronto and is in the process of
divorcing her
> Canadian husband. The plan is for her to move to CA as soon as
possible.
> Is there some sort of "legal checklist" that provides an
overview of
> visitation (for both her and me) implications, visa
application, property,
> investments, etc. for the interim period prior to finalizing
her divorce
> and
> thereafter?
> Thanks in advance for your help.
>
> ---------------------------------------------------------------
------------
> david ingram replies:
>
> This is an impossible question because everyone is different.
>
> Moving to California is impossible to do without a residential
visa of
> some
> sort.
>
> If she is a professional, it might be as simple as her applying
for a job
> in
> her profession and moving to the US with a TN (Treaty NAFTA
visa). She
> would need to be in one of the 63 occupations that qualify for
a TN. You
> can find these occupations listed in the middle of "Entering
the US: which
> you can find in the second box down on the right hand side at
> www.centa.com/
>
> If she has an occupation that is not listed in the TN category
but she is
> in
> a senior position, she might be able to go in an H category.
Everyone who
> qualifies for a TN qualifies for an H and a lot of others do as
well. If
> she is in management with a branch of an American Company, she
might be
> able
> to transfer under an "L" category.
>
> Indeed her mother or father might be an American and could
sponsor her to
> the US under certain circumstances. The parent should be
living in the
> US.
>
> If she does not qualify, you are going to have to sponsor her
as a fiancée
> and be married within 90 days of her going to the US or marry
her first
> and
> sponsor her as a wife. If you do that, her paperwork has to be
processed
> in
> Montreal.
>
> In the meantime, if a Homeland Security officer on the border
discovers
> that
> she has a fiancée in the US and intends to marry and live
there, the
> officer
> will not likely allow her to enter the US to visit you on the
grounds that
> they thin k she will try and stay there. It is the border
person's duty
> to
> keep her out.
>
> She (and you) should put together a "border kit".
>
> This kit would consist of a 3 ring binder containing items
like:
>
> * copies of your last three year's tax returns
> * copy of the lease or ownership papers of your residence
> * copy of your driver's licence
> * copy of your car registration
> * letter from your employer stating your job and that she /
you work there
> * copy of video club memberships
> * copy of club memberships
> * copies of phone bills
> * copies of utility bills
> * copies of Insurance policies
> * copies of anything that indicates you are intending to
return to your
> home country in a short period of time.
>
> This is not everything by any means but should be looked at as
a minimal
> amount of documentation to have.
>
> You should look at the Fiancée petition to get started -
> http://uscis.gov/graphics/formsfee/forms/i-129f.htm
>
> And you should look at the Spouse application as well -
> http://uscis.gov/graphics/formsfee/forms/i-130.htm
>
> You will have to guarantee support of course:
> http://uscis.gov/graphics/formsfee/forms/i-134.htm and/or
> http://uscis.gov/graphics/formsfee/forms/i-864.htm
>
> Get to work!
> -----------------------------
> Answers to this and other similar questions can be obtained
free on Air
> by
> david ingram on the last Sunday of each month.
>
> On the last Sunday at 9:00 AM on 600AM in Vancouver, I, david
ingram will
> be
> a guest on Fred Snyder of Dundee Wealth Managers' LIVE talk
show called
> "ITS
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>
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>
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> ------------------------------
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>
>
> Note that id your lady were to give up her apartment or house
and want to
> visit you in the USA, she cannot do so. To be a visitor to the
US, she
> MUST
> have a residence in Canada ready and waiting for her to go and
sleep there
> anytime.
>
> ---------
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