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Ok, how's this for an edge case...

I'm a Canadian citizen who was born and lived in UK all his life who lives and works (legally) in the US for 4 years on a non-resident TN visa,

I'm not allowed to be considered even a temporary resident in the US despite the fact I've lived here for 4 years, oh but I am considered resident for tax purposes (ie I pay tax here and do a US tax return - but no other residency benefits).

When I arrive back in the country I have to say on my landing card that I'm temporally visiting the US and that I'm a resident of the United Kingdom. However, I don't pass the "residency test" of the UK as I've not lived there for 4 years. Technically I'm not resident of any country, which is kinda unsettling. And I'm 'temporally visiting the US' in that I drive out of the airport in the car that I own here and drive home to my apartment where I live with all my furniture and all my stuff in it.

US Immigration finds it difficult to accept that I am a Canadian citizen (and have Canadian passport) yet I've never lived in Canada nor do I have a Canadian SSN nor do I have an address in Canada nor have I filed a tax return there (my father is Canadian but I was born in UK).

I can't get any loans in the US as I don't have residency (although I don't really want a loan) and I can't buy property in the US, although I do have a US credit rating (I have a US SSN) and I managed to get a US credit card by already having an Amex when I lived abroad, and they carried the relationship over to US card (and started to add up my credit score against it).

I believe I traverse a lot of terms and conditions for things like insurance because I'm not a resident and end up being considered in the same category as an illegal immigrant - where the companies want to take their money and turn a blind eye to lack of documentation. Except that I am in the US legally and do have documentation, I'm just not a resident.

The visa I am on has no route to Green Card and so I will be in this limbo status indefinitely.



US Immigration finds it difficult to accept that I am a Canadian citizen (and have Canadian passport) yet I've never lived in Canada nor do I have a Canadian SSN nor do I have an address in Canada nor have I filed a tax return there (my father is Canadian but I was born in UK).

There's an easy fix for that. Get a Social Insurance Number and file a tax return. As a non-resident with no Canadian-source income, your tax return should take less than 5 minutes to fill out, and you won't owe any taxes.


Yeah but why should I do that? I have no business (in the personal, administrative sense of the word) in Canada.


It would make US immigration happier with you. :-)


You are a Canadian citizen. I think it's fair that they would look at your situation (a Canadian who hasn't lived in Canada and never paid taxes, etc) as something unusual. This is the type of thing immigration get's bagged on all the time when something goes wrong. If all it takes is a few simple things from you to establish yourself a bit more, why not do it? Would save you a lot of hassle. Not doing it just doesn't add up.

Simply: Don't get all self-righteous. It's a small thing.


Canadian here. Been in the US for two years doing grad school. When I went back to Canada once the Canadian customs told me I should declare myself as a "US resident visiting Canada". I am a resident of US for tax purposes obviously. I think the IRS and the CBP have different standards for residency, the one that benefits them more.




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