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| Subject: Is this possible? |
I became Canadian PR last year. I have a job in USA and employer is applying my GC. Employer allows me to work from Canada and get paid in US. I am trying to let me US GC to progress and also meet Canadian obligation to stay of 2 yrs out of 5 yrs to have valid Canadian PR. Is it possible?????
[22-02-2008,20:04]
[**.153.182.115]
samusa |
(in reply to: Is this possible?)
Possibly, but many who´ve tried have run into problems. I´ve read that this is frowned upon by both sides.
You have to meet both Canada PR residency requirements and at the same time meet the U.S. substantial presence test. Both require residency for specified periods over 3 years.
Additionally, I´ve heard of U.S. border officers confiscating the green card when learning the holder is also Canadian PR. The U.S. determines lack of motivation to become a resident in such cases.
Others with more background in this may also want to comment.
[22-02-2008,20:55]
[**.53.224.249]
Richard |
A bird in hand is batter then two in bush (in reply to: Is this possible?)
Hi,
If your employer is willing for your stay in Canada, keep doing work from here as long as your employer is willing to accept, once you will have North American experience, you will have good chances in Canada.
Webmaster,
http://thinkingofcanada.com
http://study.thinkingofcanada.com
http://video.thinkingofcanada.com
[22-02-2008,22:26]
[***.112.94.195]
nomlah |
(in reply to: Is this possible?)
"I?ve heard of U.S. border officers confiscating the green card when learning the holder is also Canadian PR. The U.S. determines lack of motivation to become a resident in such cases" - This is absolutely true. Canadian side doesn´t mind much for the dual PR ship. BUT US has clear rule about it. You can´t keep PR of another country unless you commute daily for work or study purpose into the US from Canada. Be very careful. Most of the guys that I kknow keeping both US GC and Canadian PR (I don´t know why) use to enter Canada just as a US GC holder without declaring or showing their Canadian PR ship.
Stepping on 2 boats is not a good idea. I personally had to pay a lot for that. Best to chose either one.
[22-02-2008,23:06]
[**.152.223.8]
Departed_Canadian |
(in reply to: Is this possible?)
Just wondering DC if you went through this dual PR situation.
[23-02-2008,00:30]
[**.53.224.249]
Richard |
(in reply to: Is this possible?)
Richard,
Can you please elaborate on the "US Substantial presence test ?" Is that applicable to green card holders OR even people who have applied for green card but have not physically got it yet.
DC,
Lets consider this case. I have applied for GC, but have not got it yet, so I am traveling on Advance Parole. Why would U.S border officials have an issue with that since the US has not issued a GC to me yet. They can´t tell me I have dual intentions till they are ready to issue me the GC right ? Or are they asking me to give up my Canadian PR and hope everything goes well with the US GC, what if it is rejected for some reason ?
Another thing is that if one does get the GC, and then gives up Canadian PR, is it okay then ?
[23-02-2008,00:35]
[**.112.73.220]
Raj |
(in reply to: Is this possible?)
Raj,
The rule is applicable to physical holders of U.S. green cards. And by this, I meant to say that to avoid losing U.S. residence status, a holder should file tax returns every year.
In order to do this, green card holders must pass the IRS substantial presence test: 1) be physically present for 31 days in the current year, and 2) be physically present for 183 days or more during the 3-year period consisting of the current year and the 2 immediately prior years.
This is in addition to not being absent for more than one year at a time, or 2 years with a reentry permit.
[23-02-2008,00:56]
[**.53.224.249]
Richard |
(in reply to: Is this possible?)
Yes Richard, I got confused with your earlier reply because samusa does not have a gc yet. Thanks for the clarification.
[23-02-2008,01:01]
[**.112.73.220]
Raj |
(in reply to: Is this possible?)
Richard,
No, I didn´t have the dual GC and PR issue as so far I´m not fortunate enough to have the GC in hand. But, since I landed in the North Amercia I was on a "dual" intention, hesitating enough to chose where to settle. Ultimately made a fatal decision (of course in my own persepective) to chose the wrong one.
I tried to say that in general, people shouldn´t hesitate much in taking major decision of life. Good to have back up plans, but that should have a limit. May be like keeping 2 married life at the same time.
Raj,
You are absolutely correct. There shouldn´t be any issue of Advance Parole. Though the issue Richard brought is very important, mmost of the guys don´t know. I read couple cases in other forums where US GC was cancelled immediately at the border as they were keeping Canadian PR card as well and mistakently told their residence is now in Canada. What else can be devastating like this in the immigration world! Getting US GC is not an easy nut to crack, then losing it in this way?
Another issue that everyone intentionally try to forget is the hassle of filing tax to both countries. Who would pay tax to Canada on their US income to keep the PR status? Legally, they are supposed to.
[23-02-2008,12:19]
[**.152.223.8]
Departed_Canadian |
(in reply to: Is this possible?)
Thanks for the clarification, DC. Sounds like initially the "wrong" decision was the one up north? But in any event, glad you didn´t risk trying to do both, and whichever one you decided upon worked out for you.
I´m sure this all information will help samusa decide if it´s worth trying both. At least the risks have been outlined.
[23-02-2008,22:22]
[**.53.224.249]
Richard |
(in reply to: Is this possible?)
That was my whole point.
You can´t chose 2 countries for your residence.
Take the decision judiciously according to your situation, gather information from reliable sources rathe than influenced by some personal experiences or fancy motivated sites. In my case moving to the north was the wrong that and for that I wsn´t carrier conscious in my US student life as in my mind I knew that I would settle in Canada.
By the way Richard, thought you might be interested in this. I have no comment on this, just giving you to read as you are very interested in health issue. The point they focused also totally new to me. Maccleans magazine is a famous one in Canada. It is also famous for ranking top Canadian universties..empployers..
http://www.macleans.ca/science/health/article.jsp?content=20080102_122329_6200
[23-02-2008,22:38]
[**.152.223.8]
Departed_Canadian |
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