Yes, U.S. Green Card holders can hold Canadian PR—but there are strict rules. Learn the immigration, tax, and travel facts about U.S.-Canada dual residency.
Can You Be a Dual Resident of Both the U.S. and Canada?
Yes, dual residency between the United States and Canada is legally possible, but it comes with strict rules and responsibilities in three major areas:
- Immigration status
- Tax residency
- Physical presence requirements
Let’s break each one down in full detail:
1.
Dual Immigration Residency (Permanent Residency in Both Countries)
Can You Hold Permanent Residency in Both the U.S. and Canada?
Yes, you can legally be a lawful permanent resident (Green Card holder) in the U.S. and a Canadian permanent resident at the same time. Neither country prohibits dual residency. However, each has specific rules you must follow to keep your residency active.
A. U.S. Green Card Obligations
To keep your U.S. Green Card, you must:
- Maintain continuous residency in the U.S.
- Avoid extended absences (especially over 6 months at a time).
- File U.S. tax returns annually on your worldwide income.
- Show “intent to reside permanently” in the U.S., even if you're temporarily abroad.
Risk:
If you're outside the U.S. for more than 1 year without a Reentry Permit, your Green Card can be considered abandoned, and you may be denied reentry.
B. Canadian Permanent Residency Obligations
To keep your Canadian PR, you must:
- Be physically present in Canada for at least 730 days (2 years) in every 5-year period.
- These 730 days do not need to be continuous, but they must be within the five years.
- If you are accompanying a Canadian citizen spouse or employed abroad by a Canadian company, those days may count toward your residency requirement.
Risk:
If you fail to meet the 730-day requirement, Canada may revoke your permanent residency status.
Summary Table – Immigration Residency Rules
Requirement | U.S. (Green Card) | Canada (PR Card) |
---|---|---|
Time you must stay | Avoid >6 months outside the U.S. (yearly) | At least 730 days in Canada every 5 years |
Reentry requirement | Reentry Permit for absences >1 year | No reentry permit required, but time must be tracked |
Risk of abandonment | Yes, after long absence or no U.S. ties | Yes, if 730-day rule isn’t met |
2.
Dual Tax Residency
Being a resident of both countries may trigger dual tax obligations, but tax treaties help reduce conflicts.
A. U.S. Tax Residency
If you're a U.S. Green Card holder or citizen:
- You must file U.S. tax returns annually.
- You are taxed on your global income, even if you live in Canada.
- You may need to report foreign bank accounts (FBAR) and assets (FATCA).
B. Canadian Tax Residency
You’re considered a Canadian tax resident if:
- Your primary ties (home, spouse, dependents) are in Canada.
- You spend more than 183 days in a calendar year in Canada.
- You declare Canada as your home for tax purposes.
C. Tax Treaty Tie-Breaker Rules
If you’re a tax resident in both countries, the Canada–U.S. Tax Treaty determines:
- Where you have a permanent home.
- Where your vital interests (family, finances) are located.
- Where you spend more time.
- Your nationality.
- Agreement between both tax authorities if still unclear.
Solutions to Avoid Double Taxation:
- Foreign Tax Credit (claim taxes paid to the other country)
- Tax Treaty Benefits (prevent dual taxation on same income)
- Professional tax advice is highly recommended.
3.
Physical Presence and Lifestyle Considerations
Having homes or jobs in both countries is legal, but you must still meet:
- U.S. Green Card presence requirements.
- Canadian PR 730-day rule.
- Health insurance and driver’s license residency rules, which vary by province/state.
Example:
- If you split your year (6 months in each country), you might keep both residencies — but you’ll need careful recordkeeping, travel logs, and legal support to stay compliant.
4. Risks of Losing Residency or Facing Penalties
Risk | U.S. Green Card | Canadian PR |
---|---|---|
Long absence from country | May be considered abandoned if >6–12 months | May lose PR if <730 days in 5 years |
Failure to file taxes | Can result in penalties or audit | Could trigger CRA review or tax penalty |
Misunderstanding laws | Could lose Green Card unintentionally | Could lose PR when applying for renewal |
5.
Healthcare & Social Benefits
- U.S.: Green Card holders may not qualify for federal healthcare (like Medicare) unless they've worked enough quarters. Private insurance is usually needed.
- Canada: PRs qualify for public healthcare, but you must reside in a province (e.g., 153+ days/year in Ontario to keep OHIP).
Conclusion: Dual Residency Is Possible—But Not Easy
Yes, you can be a dual resident of the U.S. and Canada if:
- You carefully comply with residency requirements in both countries.
- You file taxes correctly in both countries and avoid penalties.
- You maintain proper intent and documentation for immigration authorities.
- You track time spent in each country and stay organized.
This arrangement is legal, but managing it without expert support can be risky. It's strongly recommended to consult with:
- An immigration attorney
- A cross-border tax advisor
- Possibly a financial planner familiar with dual residency