Leaving vs Returning Canada

My son and I left Canada to visit his dad in HK for a little more than 2 years and now his passport expired. He does have a British National (Overseas) Passport issued in HK which entitles him to visit Canada without a visa up to 6 months or so. We did not plan to stay for that long (well, oops, my second son was born in HK about 6 months ago ) and so we have been filing taxes for the past two years and receiving child benefits. We have now decided to move to HK permanently, well, at least for a few years so we'd like to apply for non-residency to avoid any unforeseeable tax problems in the future and now the predicaments are:

1. Completing the NR73 - Determination of Residency. Should I go back to Canada first and file for non-residency or it doesn't matter? My biggest concern here is the benefits we've been receiving for the past two years. How should I fill out the section on "Date of Departure" if I completed the form in HK? 2 years (truth)? I'd very likely have to repay all the benefits!!!! Could I possibly report 5 or 6 months? Does any system keep track of when we left Canada? Do I have to show proof?

2. If we indeed have to go back to Canada first, can my son enter Canada using his BNO passport? Would I be questioned why he left Canada using a Canadian passport and enter with a different one? Would they even know? We bought a one way ticket to HK and haven't returned since. He has been travelling elsewhere with his BNO.

3. My second son has applied for Canadian citizenship and we're still waiting for it. Should I register him in anything to keep a record? Can I purchase RESP (Registered Educations Savings Plan) for him eventhough he's not a resident or Canadian yet?



If anyone who has a similar experience or knowledge and is willing to share tips or stories, it'd be really helpful!

Thank you!

1, once you left canada, you should have cancelled any Cdn benefits.
2. canada doesn't care which passport he uses. But he does need to have proof of citizenship if he is going back to live.
3. simply wait for teh card. One cannot contribute to RESP if s=child is not residnt of Canada.

Thanks! Do you think you could elaborate a bit more?

1. Yes, I know, we tried, but they required us to fill out the NR73 and at that time we weren't sure where we wanted to stay + new baby & father-in-law with lung cancer, I didn't get around to it. Time went by faster than I had the "time" to realize. Now w/ his recent death/funeral and a grieving husband and mom-in-law, the decision is made. Any tips on filling out the NR73?

2. So, there's no tracking system of my 1st son leaving Canada? I guess it would be wise to bring his birth certificate..just in case?

3. Do you know how long my 2nd son has to live in Canada to become a resident?

1.There was no requirement to fill out NR73 to cancel or return your payments. Poor advice I'm afraid. Now you should be getting the funds together for repayment. You should be filing the tax return for the year you left and put departure date on it. No need for NR73.

2. Yup.

3. One day, just like for all of you. In a permanent home that you don't abandon.

Nice post ....