# Non-citizen spouse



## mrCatfish (Apr 22, 2009)

Hi,

I've just moved back to Canada, (B.C.) late last year after about 8 years in the UK. I am filing my income taxes now, and wondering if someone can help.

My common-law spouse is French, and a non-citizen, (she is here on a working holiday until a spousal visa comes through). She had no income in 2008. 

Doing my taxes through H&R Block on-line, if I claim together with her and her zero-income status, it works out to almost $2000 extra back than if I didn't include her as a spouse. However, reading http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/nwcmr-eng.html implies that she should claim her "world income". I don't really understand how to do this or how to show how much tax she had paid outside of Canada, etc. 

Any suggestions on how I should proceed? 

Thanks in advance!
Sean


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## ghostryder (Apr 5, 2009)

Firstly I am a bit confused. You say your spouse has no income but then you say "_how to show how much tax she had paid outside of Canada_"

Secondly, immigration residency is completely different from "Canadian resident for tax purposes". If your spouse meets that definition then she should be filing a return (if required).

Third, the reason you are getting a refund when you enter your spouse's info is that you are getting the spousal credit. This credit is reduced by your spouse's income. In order to claim the spousal credit you have to be 1. supporting your spouse, and 2. the credit is reduced by her income.

Typically the adjustment to the spousal credit uses the line 236 income or the amount that line 236 would be if she filed a return.


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