ForumTitleContentMemberSexCountryDate/Time
CanadaCanadian Credit for the US petitioner

I belive JerseyGirl ahd a problem with Serbinski!! She had her taxes complted with them awhile back, and when she got audited, Sebrinski was no where to be found!! And YES I posted their linkon VJ many of a times!!! And this year I used my inlaws tax accountant (wife bday present) to do our USA taxes!! Why?? I took out RRSP's in 2006!! And was not certian how to do decalre it !! I had filed form 8891 to defer the tax on the RRSP's!! To be honest I have no clue (hey,I'm a guy) onhow to properly report the incoem fromther RRSP's to IRS!! My inlaws accouinting firm spent many an hour on how to do it!! (not at my expense,ty mother in law) and long story short, they disagreed with what "nelsona" had been posting on Sebrinski forum!!! So one can't go what that forum states, yes I'm sure there is good info on there, but like all forums (as well as wikipedia) it is not an accurate place to get info!! Just my 2 cents.

Karen - after all you and Joel went through, you're going to turn around and go back to Canada? :) :)

Well, if nothing else, I can tell you that sponsoring your spouse into Canada is a cakewalk compared to doing it in the US. No interminable delays, no interviews, no BS, just some paperwork, and you can do it from within Canada if you like.


No delays.. My friend is on 14 months in Canada and counting on an in-Canada Permanent Residence Application.. and unlike the US where you can apply for an EAD in the interim, she can't work... and on top of that she has to redo her immigration physical because they only allow it to be good for one year.. period.. if you're application is still processing.. oh well..

Far from a cakewalk my friend.. CIC makes USCIS look extremely efficient...

Edited by zyggy, 17 April 2007 - 09:55 AM.

zyggyNot TellingCanada2007-04-17 09:53:00
CanadaCanadian Credit for the US petitioner
I have credit on Canada... we did the same thing, we applied for a couple of credit cards (TD and CIBC Visas) in Canada with my wife and included my US income... They had no problem approving us.. for a relatively small credit limit though...



I belive JerseyGirl ahd a problem with Serbinski!! She had her taxes complted with them awhile back, and when she got audited, Sebrinski was no where to be found!! And YES I posted their linkon VJ many of a times!!! And this year I used my inlaws tax accountant (wife bday present) to do our USA taxes!! Why?? I took out RRSP's in 2006!! And was not certian how to do decalre it !! I had filed form 8891 to defer the tax on the RRSP's!! To be honest I have no clue (hey,I'm a guy) onhow to properly report the incoem fromther RRSP's to IRS!! My inlaws accouinting firm spent many an hour on how to do it!! (not at my expense,ty mother in law) and long story short, they disagreed with what "nelsona" had been posting on Sebrinski forum!!! So one can't go what that forum states, yes I'm sure there is good info on there, but like all forums (as well as wikipedia) it is not an accurate place to get info!! Just my 2 cents.



Flames..

You report your distribution from your RRSP on the 8891 and transfer it to the pension line on the 1040 with it being fully taxable... Pretty easy actually..

Edited by zyggy, 12 April 2007 - 07:51 AM.

zyggyNot TellingCanada2007-04-12 07:51:00
CanadaAttention Canadian folks...question about Moving and crossing the border

No need.. the form is for unaccompanied articles.. and it isn't valid until they receive a copy of your I-94. So your articles can't go ahead of you, something that you need to discuss with your moving company...


I moved my stuff separately with ABF Upack and they didn't ask for a copy of my I-94 (I crossed a few days before my belongings did). My stuff made it here just fine and they never called to tell me there was any problems. A fluke? Did someone there screw up and not tell me I needed to send them a copy of my I-94? I had given them photocopies of my K3, my birth certificate and my passport biographical page.



Yes.. they screwed up... the goods aren't allowed into the US until you arrive since the purpose for their duty free entry is to accompany or follow you. The I-94 provides proof that your goods are definitely following your entry..

and I have also never heard of any problems bringing a mattress from Canada. However, it is a problem with pests and bugs that could hide in it from some other places like China for instance (USDA APHIS would enforce this, not CBP), but pretty sure Canada isn't one of them...

Edited by zyggy, 18 April 2007 - 07:39 AM.

zyggyNot TellingCanada2007-04-18 07:36:00
CanadaAttention Canadian folks...question about Moving and crossing the border

Should I have the Customs form 3299 with me if I am moving my stuff down myself, at the time that I am activating the K1? Thanks in advance for letting me know!


No need.. the form is for unaccompanied articles.. and it isn't valid until they receive a copy of your I-94. So your articles can't go ahead of you, something that you need to discuss with your moving company...


Cdn Ali,
I got you now. OHIP takes their payment out when we file our income tax here. I never thought of notifying them, that's a good thing to think about. I suppose we need to find out how long they cover us if at all once we activate our visas!!


You need to notify OHIP that you have left Canada and you're not covered once you leave. You send them a form and send it to your OHIP office.

http://www.forms.ssb...e/0280-82E_.pdf
zyggyNot TellingCanada2007-04-17 08:13:00
CanadaNVC-choice of agent
Right.. for Canada it's not quite as bad.. but what if you lived somewhere else in the world... Also rememeber that everything must be paid in US funds.. it's easier for the USC to write the check..

Edited by zyggy, 18 April 2007 - 07:42 AM.

zyggyNot TellingCanada2007-04-18 07:41:00
CanadaIs there a US consulate in Calgary?
I'm sure if that happened, they would open up an Immigrant Visa Post elsewhere...

But I agree, I was surprised that all of Canada had only one IV unit (Montreal) and only gave permission to process K petitions to only one other Consulate ( Vancouver)
zyggyNot TellingCanada2006-09-27 08:31:00
Canadaa new question.....I think anyways

After we (my girls and I) cross the border with our K1 visa's are my girls able to return to Canada prior to my getting married???

See, my girls spend a lot of time with my parents in Canada. They are planning on watching them when me and my man take off for our wedding in Vegas. Now last nite as I'm trying to fall asleep I had this question in my head....what if they can't go back to Canada?? Then what....???

We live on the border (as you may/may not already know) so it all works out so good. Now, I'm just concerned.

anyone??? :unsure:



Nope... only with AP which you can file with your I-485 after you are married... So your parents would have to come to the US if they want to watch them.. if they go to Canada, they will not be able to get back into the US...

As Canadians we oftentimes have become too complacent about our relationship with the border. This shoudl serve as a reminder on how complicated the border really is...

Edited by zyggy, 30 April 2007 - 10:54 AM.

zyggyNot TellingCanada2007-04-30 10:52:00
CanadaMontreal's attitude after THEY made a mistake
If you would read whay I wrote I never accused you of lying... I am merely trying to assist you to get to the bottom of what happened...

Spouting off on how Montreal "wronged" you is not going to bring about a solution.. calling Senators and others is not going to bring about a solution...

What is going to bring about a solution is to find out what information they used in order to arrive at their decision and how they arrived at it and then take steps to show that their conclusions run counter to US Immigration law and regulations. This is the only way you're going to change their mind. You have a complicated case that most likely has a lot of details that could turn things around or could possibly be misinterpreted or seen in a light or prespective differently that your own...

Losing your temper at us or them is not going to bring this to a solution any faster, in fact, I guarantee you that it's going to hinder it..

You need to calm down and take a step back and focus your energy on finding out what they used to make their decision and how they made it, and then work toward changing their mind.. not with epithets, but with facts and evidence... You're going to need to produce a paper trail to show that you never had any unlawful presence... Again, I strongly urge you to have a good long talk to your attorney about this so that you can work up a game plan to have a successful result.. or you may want to get a second consultation with another attorney who is extremely familiar with Montreal and your types of issues (refugee to family adjustment)... sometimes a second set of eyes that hasn't had the involvement in your case that your own lawyer has may see things differently and see your evidence and facts with a different perspective. This could help you a lot and I strongly suggest that you do this... I see it all the time in my line of business.. what I and everyone else here ultimately wants is for you to have success...

I don't know about you, but I think trying to help you in finding out what happened and helping you to get to a solution is much better support that smilies, sympathy, and pats on the back...

Edited by zyggy, 03 May 2007 - 08:03 AM.

zyggyNot TellingCanada2007-05-03 07:42:00
CanadaMontreal's attitude after THEY made a mistake
1) Are you sure that they made a mistake... When exactly did your fiancee leave the US and under what circumstances did he leave. The details of his time in the US is very important and has a lot of bearing on the success of this case... How do you know that the attorney didn't screw things up and your fiancee had some time out of status... You stated that he was fired or removed.. there must have been a reason why...

Did his family leave the US due to a voluntary deportation order... A lot of questions that could turn this case on its head...

2) Do you have an attorney working for you.. If I were you, I would get a good one...
zyggyNot TellingCanada2007-05-02 21:19:00
CanadaSome questions about DS-230
I was told to put "Frequent Visits of no more than X days duration"
zyggyNot TellingCanada2007-05-10 09:41:00
CanadaHelp from Canadian VJers sought
www.immigration.ca/discussion

But it's really self explanatory.. a lot more than US Immigration. Just download the guides on the CIC website...
zyggyNot TellingCanada2007-05-17 07:52:00
CanadaUpdate on our Case being processed after Denial
Indeed... in this case your senator's office and your attorney might have more luck if they talk to the Chief of the Immigrant Visa Unit in Montreal... and if push comes to shove.. the Deputy Consul or the Consul himself...
zyggyNot TellingCanada2007-05-09 10:07:00
CanadaBig ol' fun times camping with you Canadians :)

I've been goofing around Amherstburg and Harrow all of my life... I got married at St. John the Baptist Parish in Amherstburg... Man have I got a lot of stories...


i worked as a graphic designer at the amherstburg echo newspaper. i miss it sometimes. i still drive there from time to time. it's too bad the mall has been almost completely demolished, i spent a lot of lunch hours there, hah :)



Yeah.. it's too bad theyt're building a Wal-Mart in its place.. that place will be the death of that town...

Edited by zyggy, 23 May 2007 - 08:58 AM.

zyggyNot TellingCanada2007-05-23 08:58:00
CanadaBig ol' fun times camping with you Canadians :)
I've been goofing around Amherstburg and Harrow all of my life... I got married at St. John the Baptist Parish in Amherstburg... Man have I got a lot of stories...

Edited by zyggy, 22 May 2007 - 10:46 AM.

zyggyNot TellingCanada2007-05-22 10:45:00
CanadaBig ol' fun times camping with you Canadians :)
Were you at Holiday Beach... beem there many.. many.. many times

My wife lived about 4 miles from there on the River and my family has cottages about 5 miles up Lake Erie between Malden Centre and Colchester... Small world...
zyggyNot TellingCanada2007-05-22 07:17:00
CanadaApplication for Employment
Just remember that in order to get some state benefits.. namely a Driver License, an EAD may be required before they will issue one... An EAD is used for more than just Employment.

Edited by zyggy, 07 June 2007 - 07:46 AM.

zyggyNot TellingCanada2007-06-07 07:45:00
CanadaIs this the REAL candian forum???

Flames are back on track!! If they could only play ALL games at home!!



Chuckle.. Indeed... Great fans though...
zyggyNot TellingCanada2007-04-18 07:40:00
CanadaIs this the REAL candian forum???
Well the Wings are now 2-0... yeah... although I have to say the Mikka Kiprusoff is one scary goalie... I saw him dart across the crease in the splits faster that I have seen anyone else... ever... Being a old goalie myself, I cringe thinking about it...

Everyine in the Joe saw that and were look around and saying "What the F@!* was that!"...

Scott... Come on.. Game 5 is just around the corner... It's only a $89 flight on Spirit... and you get to leave from National...

Edited by zyggy, 16 April 2007 - 08:28 AM.

zyggyNot TellingCanada2007-04-16 08:26:00
CanadaIs this the REAL candian forum???

Potomac Curling Club... www.curldc.org from a member of the Detroit Curling Club...

And as always Go Wings... My offer still stands Scott...


Thanks Ziggy! You truly know everything, lol. Now I have no excuse though...

I think I would pay to see that! (Scott at the game)



Yeah.. there's a couple of people who used to curl at our club in Detroit that are now at Potomac... they keep on inviting me to go down to their bonspeil, but I haven't made it yet...
zyggyNot TellingCanada2007-04-13 13:02:00
CanadaIs this the REAL candian forum???

Talking to my parents,the Flames were lucky to have only lost by 3 goals!! Were totally outplayed!! Oh well, it is only 1 game!! Last night on center ice online I was able to watch 3 out of games BUT of course the only game I did want to see (flames, duh) was not an option,lol


Yeah, the few minutes I saw of the game were not the Flames' best. But as you say, it's only the first game. Am thinking positive thoughts for the Islanders next game too.

If you need to, you guys can always come visit friends at the BH for the next Flames game. *wink*

As for curling, it's always intrigued me. What can be better than shuffleboard on ice?! And there is a league somewhere in the DC metro area. I just need to get more motivated and find out more.


Potomac Curling Club... www.curldc.org from a member of the Detroit Curling Club...

And as always Go Wings... My offer still stands Scott...

Edited by zyggy, 13 April 2007 - 12:15 PM.

zyggyNot TellingCanada2007-04-13 12:14:00
CanadaIs this the REAL candian forum???
I also have to say it..

Go Red Wings!...


I'll be at the game tonight... I'd take Scott with me, but only if he wore his Lanny McDonald sweater and grow a great full bushy beard like him... and promise to be quiet..
zyggyNot TellingCanada2007-04-12 12:00:00
CanadaPOLICE CERTIFICATE FROM RCMP (OTTOWA)



does anyone know how long the wait is to recieve a finger print criminal records check or police certificate back from RCMP ottawa?



A fingerprint based police certificate is required only if you have a criminal record. If you do not have a criminal record, you can get a named based police certificate from your local RCMP detachment in most of Canada, the Commissionaires in the GTA, or from your local Police Service if the following conditions are met :

1) They use the RCMP CPIC Criminal Database

2) It states that it was based on a CPIC Canada Wide Search.

If you do have a criminal record and you require sending fingerprints to Ottawa, it is currently taking from 8 to 12 weeks to get it back.



Just curious, how did you find out that current processing is 8-12 weeks?



Ancedotal evidence from a few people that have gotten them in the last few months on a couple of other sites and on here... If you give them an excuse that you need them fast for a specific purpose, they're more prone to get them done quicker...

Edited by zyggy, 24 May 2006 - 09:46 AM.

zyggyNot TellingCanada2006-05-24 09:46:00
CanadaPOLICE CERTIFICATE FROM RCMP (OTTOWA)

Ok, so it is taking 8-12 weeks for the certified police certificate. (and yes, because of a record many years ago we do need it) At what part of this process do we need it? We are currently waiting to receive our packet 3 and was wondering if we need this before we can send it back in. Also, can somebody tell me exactly what is in packt 3 so we can be prepared when it comes?



Order the Police Cert now... You cannot send in The Checklist from Packet 3 until you get it...They won't schedule the interview until they receive the Checklist...

Edited by zyggy, 16 May 2006 - 02:47 PM.

zyggyNot TellingCanada2006-05-16 14:47:00
CanadaPOLICE CERTIFICATE FROM RCMP (OTTOWA)

does anyone know how long the wait is to recieve a finger print criminal records check or police certificate back from RCMP ottawa?



A fingerprint based police certificate is required only if you have a criminal record. If you do not have a criminal record, you can get a named based police certificate from your local RCMP detachment in most of Canada, the Commissionaires in the GTA, or from your local Police Service if the following conditions are met :

1) They use the RCMP CPIC Criminal Database

2) It states that it was based on a CPIC Canada Wide Search.

If you do have a criminal record and you require sending fingerprints to Ottawa, it is currently taking from 8 to 12 weeks to get it back.

Edited by zyggy, 11 May 2006 - 04:00 PM.

zyggyNot TellingCanada2006-05-11 15:59:00
CanadaTo put LPR or No LPR that is the question?
It is not their business and you should have to tell them. All they should care about is if your are legally able to work in the US. That's all.
zyggyNot TellingCanada2007-06-13 07:11:00
CanadaTN - TD visa
Correct.. A TD visa is only available if your spouse has status in Canada or Mexico. It is not available in India.
zyggyNot TellingCanada2007-06-15 09:29:00
CanadaOHIP for US PR?
It would be a severe tax disadvantage for your fiancee to remain employed with his Canadian Employer. However, your fiancee could become self-employed in the US and have his former Canadian Employer pay him cash for his services as a contractor. You husband would then be responsible for paying the taxes on his services (and would not be responsible for paying any non-resident Canadian tax on his services, which his former employer would be responsible for paying if he was in their employ)


Be sure that you get in touch with a good tax accountant and maybe an attorney to make sure you charge enough for your services that you don't get shortchanged in this process (taxes, insurances (liability, workers comp, disability, health, etc.)etc.) and to get the business set up. In order to receive OHIP, the individual must reside in Ontario for 5 months in the calendar year.

Edited by zyggy, 18 June 2007 - 08:23 AM.

zyggyNot TellingCanada2007-06-18 08:16:00
CanadaPOE question-Activating Visa during visit-before moving

Colin,

You're awesome! I just called the GM number you listed and paid the $75 and it's on it's way. Thanks for that great info. I aksed the guy if that was all I'd need and he said "yes, just bring these docs we're sending you to the border and you're all set, nothing else is required"

Very nice and easy...I wish all this stuff was so simple!

Thanks again!

Darryl



I think but I am not sure you will need this form to... But maybe the border guy has it but here is the form.. HS-7

http://www.nhtsa.dot.../hs799short.pdf


enjoy

Colin


Yeah CBP will have the HS-7 and fill it our for you..


And as a CR-1, you might as well just activate it on your first visit. It doesn't hurt you in any way.
zyggyNot TellingCanada2007-06-19 12:59:00
CanadaCanada Revenue & Co.

They money that you paid into CCP will be taken into to account by Social Security when you eventually apply for it. Basically, they will credit you for the amount that you paid in to Canada as if it was paid in the US when calculating your benefit amount.


zyggy, you are DA MAN. Now, if I understand correctly it would be a good idea to just 'transfer' from CPP to whatever the US has in place?
L.


Yes.. you don't have to do a thing until you eventually apply for Social Security. Just let the nice person at Social Security know that you lived in Canada and put money into CPP. Again, you should do the numbers before you put pen to paper.. it may be more advantageous for you to take CPP and Social Security.. or it may be more advantageous for you roll in the CPP monies and just take Social Security. You won't know until you ask them for benefit amounts.

Edited by zyggy, 19 June 2007 - 07:16 AM.

zyggyNot TellingCanada2007-06-19 07:13:00
CanadaCanada Revenue & Co.

Well... did some digging. The Alberta Public Service Pension Plan DOES give you a refund if you ask for it - taxed.
Will continue the CPP digging tomorrow - sun came out in Edmonton LATE today, so it's time for Len & Bren to walk for some nice ice cream on Whyte Ave.
Cheerios, L&B.



YEah.. watch out for this one... you need to run the numbers to see which scenario would be better tax wise for you. Would it be better to take it out and claim it as income and add to your gross income when you lerave Canada. This could really push you into a higher tax bracket and it's higher tax rates. On the flip side, you could wait until you left Canada, make them take out the 25% non-resident tax, claim in on your US return and then see how the foreign tax credit will effect your US Taxes.

Run both numbers and see which one put you in the better tax situation and judge your withdrawl accordingly. Or it may be better off if you just leave it there and collect on it when your of retirement age.
zyggyNot TellingCanada2007-06-18 08:35:00
CanadaCanada Revenue & Co.
They money that you paid into CCP will be taken into to account by Social Security when you eventually apply for it. Basically, they will credit you for the amount that you paid in to Canada as if it was paid in the US when calculating your benefit amount.
zyggyNot TellingCanada2007-06-18 08:25:00
CanadaOpinions welcome on this one!
Actually USCIS now has a policy that if you go through with K3, then they automatically assume that you will AOS and will not forward your I-130 to the NVC for a CR-1 unless you file a form that tell them differently with a $240 price tag which adds more time to the process.

With the increase in fees for AOS as of July 30, I would think long and hard about going through with a K3.

Edited by zyggy, 19 June 2007 - 12:57 PM.

zyggyNot TellingCanada2007-06-19 12:56:00
CanadaThe 4 month extension

Our NOA-2 has an expiration date of April 7, and on that date we received a 4 month extension which will expire on the 7th of August, the extension to our understanding that this is a one time only non renewable extension. According to the last conversation I had with a consulate representative on or about May 16th we are looking at a interview date 6 months in the future, if this date is 6 months from the time of our conversation in May that will place us somewhere in November which also places us 3 months beyond the expiration date of the 4 month extension we received in April. If the 6 months is from the April 7th date that would place us in October still beyond the 4 month extension by 2 months.

What happens to our petition if we do not get a pre July 7 interview date.



The consulate can extend the expiration of a NOA2 infinitely depending on the reasons behind the delay...
zyggyNot TellingCanada2007-06-19 12:54:00
CanadaFingerprint Request
This probably means that they've gotten an IBIS hit and they want to find out who exactly you are and clear up your identity...
zyggyNot TellingCanada2007-06-25 09:01:00
CanadaWould EI considers this Ilegal?
This is from the EI Regulations:

(4) A claimant is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act, the care or support of a family member referred to in subsection 23.1(2) of the Act or while attending a course or program of instruction or training referred to in paragraph 25(1)(a) of the Act, for the sole reason that the claimant is not in Canada.

(5) A major attachment claimant whose most recent interruption of earnings prior to making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is not in Canada if
(a) the benefits are in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act;

(B) the claimant proves that they are incapable, by reason of illness, injury or quarantine, from performing the duties of their regular or usual employment or of other suitable employment.
(6) Subject to subsection (7), a claimant who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if
(a) the claimant resides temporarily or permanently in a state of the United States that is contiguous to Canada and
(i) is available for work in Canada, and

(ii) is able to report personally at an office of the Commission in Canada and does so when requested by the Commission; or
(B) the claimant is qualified to receive benefits under Article VI of the Agreement between Canada and the United States respecting Unemployment Insurance, signed on March 6 and 12, 1942, and resides temporarily or permanently in one of the following places in respect of which the Commission has not, pursuant to section 16 of the Employment and Immigration Department and Commission Act, suspended the application of that Agreement, namely,
(i) the District of Columbia,

(ii) Puerto Rico,

(iii) the Virgin Islands, or

(iv) any state of the United States.
(7) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in a benefit period, in respect of a claimant referred to in subsections (5) and (6) who is not disentitled from receiving benefits, is
(a) in the case of benefits that are paid for a reason referred to in subsection 12(3) of the Act, the applicable number of weeks referred to in subsections 12(3) to (6) of the Act; and

(B) in any other case, in respect of the number of hours of insurable employment in the claimant's qualifying period set out in column I of the table to this subsection, the corresponding number of weeks set out in column II of that table.
Table Column I Column II
Item Number of Hours of Insurable Employment Number of Weeks of Benefits

1. 420 - 454 10
2. 455 - 489 10
3. 490 - 524 11
4. 525 - 559 11
5. 560 - 594 12
6. 595 - 629 12
7. 630 - 664 13
8. 665 - 699 13
9. 700 - 734 14
10. 735 - 769 14
11. 770 - 804 15
12. 805 - 839 15
13. 840 - 874 16
14. 875 - 909 16
15. 910 - 944 17
16. 945 - 979 17
17. 980 - 1014 18
18. 1015 - 1049 18
19. 1050 - 1084 19
20. 1085 - 1119 19
21. 1120 - 1154 20
22. 1155 - 1189 20
23. 1190 - 1224 21
24. 1225 - 1259 21
25. 1260 - 1294 22
26. 1295 - 1329 22
27. 1330 - 1364 23
28. 1365 - 1399 23
29. 1400 - 1434 24
30. 1435 - 1469 25
31. 1470 - 1504 26
32. 1505 - 1539 27
33. 1540 - 1574 28
34. 1575 - 1609 29
35. 1610 - 1644 30
36. 1645 - 1679 31
37. 1680 - 1714 32
38. 1715 - 1749 33
39. 1750 - 1784 34
40. 1785 - 1819 35
41. 1820 - or more 36


(8) Subject to subsection (10), a claimant referred to in subsections (5) and (6), for whom a benefit period has been established and who subsequently becomes resident in Canada, continues to be entitled to receive benefits for not more than the maximum number of weeks referred to in subsection (7).

(9) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in the benefit period, in respect of a claimant for whom a benefit period has been established in Canada and who subsequently becomes a claimant referred to in subsection (6), is the greater of

(a) the number of weeks for which the claimant has already received benefits in Canada; and

(B) the number of weeks to which the claimant would have been entitled under subsection (7) if the claimant had been temporarily or permanently resident in a place referred to in subsection (6) when the benefit period was established.

(10) In a claimant's benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (B), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50. If the benefit period:

(a) is extended under subsection 10(13) of the Act, the maximum number of combined weeks is 65;

(B) is extended under subsection 10(13.1) or (13.2) of the Act, the maximum number of combined weeks is 56; and

© is extended under subsection 10(13.3) of the Act, the maximum number of combined weeks is 71.

(11) A claimant is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if the claimant is outside Canada, with the approval of the Commission, in the course of the claimant's employment under the Self-employment employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act.

(12) Subject to subsection (13), where a claimant makes a claim for the purposes of this section, the claim shall be sent in an envelope or package addressed to the Commission, by mail or by means of a confirmed delivery service.

(13) Where a claim is sent by the claimant to the Commission in a manner other than the manner required by subsection (12), the claim shall be reviewed by an employee of the Commission at the time of importation.


So you can get the benefits, but they're limited to 36 weeks like everyone else. If when you leave, you're already gotten 36 weeks, your benefits stop when you enter the US.. they do not continue for the full 52 weeks like they would have if you were still in Canada...

There ARE tax implications. The first is that you will have to pay income taxes on the benefit until the time that you leave Canada as if you were still a resident of Canada. Upon you're leaving Canada date, you need to contact HRSDC and they will begin taxing your EI bebefits at the 25% non-resident tax rate. These benefits are not taxable in Canada, but they ARE taxable in the US. Look at the taxation threads in the area to get more information about cross border taxation...

Edited by zyggy, 26 June 2007 - 03:11 PM.

zyggyNot TellingCanada2007-06-26 15:01:00
Canadaok I have a passport issue

You should be fine getting into Canada with your greencard but technically you should also bring proof of your citizenship, such as your birth certificate, citizenship cert. or passport. Now, I'm not sure if you will require your passport with your greencard to return to the US though????



The GC will be fine for your return to the US.
zyggyNot TellingCanada2007-06-27 08:23:00
CanadaMontreal: Also to require fee payment in advance.
Yes, DCFers too... you very likely must also pay through ScotiaBank.. I don't think they want to handle cash in the consulates anymore.
zyggyNot TellingCanada2007-06-27 07:15:00
CanadaMontreal: Also to require fee payment in advance.
That's incorrect... the paying of your fees to ScotiaBank is required for ALL visas (well except CR-1 because they pay their visa fee to the NVC) as of July 1. They are not going to be handling money at the consulate anymore after that date. If you're interview date is after July 1, download the deposit slip and pay your $100 US visa fee to them.
zyggyNot TellingCanada2007-06-25 07:28:00
CanadaI'm back from Montreal -Had my poutine and smoked meat!
Poutine... *drool* Smoked Meat.... mmmmm....

Oh well.. Congrats neiks...
zyggyNot TellingCanada2007-06-29 07:15:00
Canadai can haz tax advice?

Thanks. He has to file as married for 2007, right, even though the money earned there was before we married.

Also, uh, if his employer is Canadian, he really doesn't need an EAD, does he? (We have one, but even so...)



Yes, you put your marital status as of December 31, but it doesn't matter for Canadian taxes really. Where it asks for the SIN of your spouse, you put US Citizen

It doesn't matter if his employer is Canadian, Russian, or whereever.. if you're doing work in the US, an EAD is required.

Just a point of clarification, for your US taxes, you do have to report what he made in Canada as well, but it is excludeable income to a certain amount depending on the time he was residing outside the US.

Edited by zyggy, 03 July 2007 - 12:35 PM.

zyggyNot TellingCanada2007-07-03 12:33:00