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Homestead exemption and tempory visa...

Author Sharon
Participant Female

#1 | Posted: 30 Jan 2007 20:57 
Good Evening,

I own a property in Tampa, FL. I bought the house in June 2006. I just downloaded the form to apply
for homestead exemption and it appears that I can not apply.

I am emailing to ask you whether a person is eligible if they have
applied for a green card but it has not been issued yet. I work in Tampa
as an elementary teacher (four years) . I am a permanent
employee and have tenure status . I am a citizen of the
United Kingdom and I am working under a H1b visa (vailid until 2009) and
have applied for my permanent resident (green) card, which hopefully
will be issued by June 2009. I live in
Florida all year and only return to England for a vacation for a week a
year. I live in Florida for the rest of the year. I have a social
security card and pay taxes and hold a florida drivers licence. Which is why I am concerned to see that
according to your website I am unable to apply for homestead exemption.
Please advise me as to whether there would be any
exemptions for me to apply for homestead exemptions as I own a home in
Tampa and consider it my permanent residence,live there all year and
applied in 2005 for my green card.
Any advise would be appreciated. Thank you
swaite

Author johnbsims3
Admin Male

#2 | Posted: 31 Jan 2007 08:43 | Edited by: johnbsims3 
Sharon,

Thank you for the time to register and post! This is a great question and one that is asked quite frequently.

A property owner who, in good faith, makes real property in this state his permanent home is entitled to homestead tax exemption, notwithstanding he is not a citizen of the United States or of this State. (Smith v. Voight, 28 So.2d 426 (Fla. 1946)). A person in this country under a temporary visa cannot meet the requirement of permanent residence or home and,
therefore, cannot claim homestead exemption.

In Juarrero v. McNayr, 157 So. 2d 79 (Fla. 1963), the supreme court held
that an alien residing in the United States with a temporary visa "does not have the legal ability to determine for himself his future status and does not have the ability legally to convert a temporary residence into a permanent home."

If you hold only a temporary visa, you could not possibly form the requisite intent to become a permanent resident for purposes of the homestead exemption even though you may have satisfied all the requirements of section 196.015, Florida Statutes

You may also want to view these threads on the subject matter:

http://www.homesteadpropertyexemption.info/index.p hp?action=vthread&forum=4&topic=368&page=0#msg546

http://www.homesteadpropertyexemption.info/index.p hp?action=vthread&forum=4&topic=362&page=0#msg540

http://www.homesteadpropertyexemption.info/index.p hp?action=vthread&forum=25&topic=100&page=0#msg128

http://www.homesteadpropertyexemption.info/index.p hp?action=vthread&forum=4&topic=362&page=0#msg540
http://www.floridahomesteadservices.com

Author Sharon
Participant Female

#3 | Posted: 31 Jan 2007 17:11 
Thank you so much for taking the time to answer. It just is not fair!! So even though I have an application in for a permanent visa (green card is pending) I can not be granted homestead?
Again thank you for taking the time to answer my first question.
swaite

Author johnbsims3
Admin Male

#4 | Posted: 31 Jan 2007 17:17 
Sharon,

You are welcome. I agree. You are a resident in every other respect (i.e.., paying taxes, working, etc.) I have been working hard on this issue. I am of the opinion that aliens should be granted the exemption and if they leave the country, then remove it.

John
http://www.floridahomesteadservices.com

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Homestead exemption and tempory visa...
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