Legal Definitions - resident alien

A resident alien refers to an individual who is not a citizen of a particular country but has been granted legal permission to live there permanently or for an extended period, thereby establishing a legal residence within that nation. This status typically comes with specific rights and responsibilities, such as the ability to work, own property, and pay taxes, but does not include all the privileges of citizenship, like voting in national elections. The criteria for being classified as a resident alien vary by country but generally involve meeting certain legal tests for physical presence and intent to reside.

• Example 1: Dr. Anya Sharma, a highly skilled surgeon from India, accepts a position at a major hospital in the United States. After successfully applying for and receiving a green card, she moves her family to California, purchases a home, and begins her medical practice. She pays U.S. taxes, obtains a U.S. driver's license, and enrolls her children in local schools.

  Explanation: Dr. Sharma is not a U.S. citizen, but she has been granted lawful permanent residency (a green card) and lives in the U.S. with the intent to reside there indefinitely. This makes her a resident alien, subject to U.S. laws and taxes, and able to enjoy many of the rights of citizens, except for political participation like voting in federal elections.

• Example 2: The Chen family, originally from Taiwan, decided to relocate to Australia after Mr. Chen's company transferred him to their Sydney office. They successfully applied for and received permanent resident visas for Australia. They now live in Sydney, their children attend Australian schools, and they contribute to the Australian economy through their work and taxes.

  Explanation: The Chen family members are not Australian citizens, but they hold permanent resident visas and have established their home in Australia. They are therefore considered resident aliens, enjoying the benefits and fulfilling the obligations associated with long-term residency in Australia.

• Example 3: Maria, a university student from Brazil, initially came to Canada on a study permit. After completing her degree, she found employment in her field and successfully applied for a Post-Graduation Work Permit, followed by an application for permanent residency. Once her permanent residency application was approved, she continued to live and work in Toronto, paying Canadian taxes and contributing to her pension plan.

  Explanation: Maria is not a Canadian citizen, but once her permanent residency application was approved, she gained the status of a resident alien in Canada. This allows her to live, work, and reside in Canada indefinitely, subject to Canadian laws and responsibilities, without holding Canadian citizenship.