Legal Question in Family Law in Canada

US citizen marrying Dual US/Canadian in US

Does a US citizen become a Canadian Citizen when he/she marries a dual Canadian/US citizen? My girlfriend with dual citizenships and I a US citizen plan to get married in a year or two. We plan on relocating to Canada for at least 6 months out of the year in 5-7 years. The remainder of our year would be spent in Mexico and the US.Would we both qualify for Canadian health care coverage? How is ealth care covered for Canadians living outside Canada for part of the year? Would it be wise to maintain a home in the US or at the least continue to own property in the US? Does it make any difference to get married in the US or Canada? We will start a business in Canada; are income taxes required just by Canada for Canadian earned $$?More questions will arise but any information would be appreciated. Thank you.


Asked on 8/15/05, 5:24 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: US citizen marrying Dual US/Canadian in US

1. No you do not become a citizen through marriage; in order to become a Cnadian citizen you must apply through Citizenship & Immigration Canada. Their webssite is www.cic.gc.ca and toll-free number is 1-888-242-2100 (I am unable to advise if it is toll-free only within Canada or not)

2. There is no such thing as "Canadian Health Care coverage"; each Province administers a plan of universal coverage and has certain residency requirements to qualify. You can only be a resident of one Province at a time, but so long as you are qualified as a resident in one Province, other Provinces and territories will honour your home Province plan when you are temporarily out of the home Province.

3. The tax and home ownership questions are very complex and require much more detail; you should consult an accountant in Canada or the U.S. who is familiar with the tax treaties between the two countries.

4. It makes no difference whatever where you get married; you will still have to meet Canadian Immigration requirements to become a landed immigrant and then a citizen of Canada and will have to meet the Provincial rules to qualify for health care.

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Answered on 8/15/05, 7:21 pm


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