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| Subject: Maintaining PR and Daily travel to US |
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Hi Guys
Please guide me. I am planing to take up a job in US and plan to travel every other day in a way that I will be present in Canada everyday either in morning or in the evening. WIll I be able to count all my days. Like traveling to US on monday and staying there and coming back next day tuesday evening after attending my job. I need to count all days to meet my PR requirement
is it possible/legal.
Any info will help
[17-07-2009,18:55]
[***.233.91.198]
Ravi |
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(in reply to: Maintaining PR and Daily travel to US)
You have to be very careful about this. Canadian immigration law allows PRs to work in the U.S. while maintaining continuous PR status. However, in order to satisfy this requirement you must have a job where you work in the U.S. during the day but return to a permanent residence in Canada for the night. The key is staying in Canada for the night for maintaining residence purposes.
This implies living near the U.S. border where your job would on the American side. Many such PRs do this, living in Windsor and commuting to their jobs in Detroit on a daily basis.
I don´t believe there are any exceptions. If you work for a few days in the U.S., I´m afraid those days would be counted as living outside of Canada when calculating PR status.
[17-07-2009,19:55]
[***.131.11.77]
Richard |
(in reply to: Maintaining PR and Daily travel to US)
Thanks Richard for a prompt reply.
I guess it is very tricky. My work place will be 2 hrs drive from nearest Canadian town. I was trying to cut to 2 hrs from everyday 4 hrs drive. I will be present in Canada everyday though, thats what the requirement says.
But is still has a catch.
Guys, has anybody had such a experience
[17-07-2009,20:02]
[***.233.91.198]
Ravi |
(in reply to: Maintaining PR and Daily travel to US)
If you leave Canada and return the same day then that day is counted as you being present in Canada.
"Like traveling to US on Monday and staying there and coming back next day Tuesday evening after attending my job."
This would mean you were present in Canada on Tuesdays and not residing in Canada on Mondays. Thus, you reside in Canada on Tuesday, Thursday, Saturday and Sunday, in any given week. This gives you at least 208 days out of 365 every year or 1040 days in five years. So, you will not lose your PR status but will not able to apply for citizenship.
[18-07-2009,09:52]
[**.171.152.89]
Samm |
(in reply to: Maintaining PR and Daily travel to US)
however... the US has the same rules about how many days you can be in the US. You may have a challenge.
[18-07-2009,13:29]
[***.20.116.15]
Sharon |
(in reply to: Maintaining PR and Daily travel to US)
Thanks guys
Very nice imputs. I think now I have better idea what I may face. My situation is I need to stay untill June to save my PR. But there are not many jobs in my profession here in Canada. It will be hard though if I travel everyday 2 hrs in the morning and 2 hrs in the evening.
WIll start my job in Dec o Jan, so six months hardship. I will see if I could do it.
[18-07-2009,15:10]
[**.64.2.112]
ravi |
(in reply to: Maintaining PR and Daily travel to US)
I am not sure about the Canadian rule, it is not so clear. It says " if you are present on any part of day, the day is counted"
Anybody has precise info or rule about the presence rule. Though I will be present on everyday some part atleast
[18-07-2009,15:14]
[**.64.2.112]
ravi |
(in reply to: Maintaining PR and Daily travel to US)
This should help.
Q4: When I try to calculate my absences, I get different numbers than the residence calculator. How does the residence calculator determine the number of days for each absence?
A4: The calculator uses the following rules to determine the number of days absent for each absence declared:
* When calculating an absence, either the day you leave Canada or the day you return is considered an absence, but not both. For example, an absence between July 1, 2003 and July 15, 2003 equals 14 days of absence.
* If you leave Canada and come back the same day, you do not have to declare an absence.
* An absence on February 29 (leap day) is not counted as an absence, nor is it credited as a presence. See Question 5 for more information on leap days.
* Total residence days ending in .5 are rounded up in your favour.
* The total number of days absent includes all absences from Canada within the four-year period immediately preceding the date of your application. Because the time spent in Canada before you became a permanent resident is only credited as half-time, absences from Canada before you obtained permanent resident status are divided by two before they are included in the total number of days absent.
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Link: http://www.canada-city.ca/canada-immigration/posting.php?messageid=27569
[18-07-2009,16:36]
[**.171.152.89]
Samm |
(in reply to: Maintaining PR and Daily travel to US)
Thanks Samm
Now it is more clear. In a way rule is more favored to immigration dept than to the immigrant. I probably have to find another way around or a job which is more near to border, so I can come back daily.
[18-07-2009,18:10]
[***.233.91.198]
ravi |
(in reply to: Maintaining PR and Daily travel to US)
Just to add a thought.
I guess theoretically you could cross the border to Canada and 5 minutes later turn around and return to the States, making that day as physical present in Canada. However, it probably will not satisfy the intent of residency, and a CIC officer review upon either PR re-application or citizenship may deny such "residence". They will be looking for physical residence, where you maintain a domicile in Canada and actually make that your primary place of accommodation, along with evidence of daily living in Canada in terms of credit card charges, banking, shopping, school, employment, etc.
Others here who´ve replied to you, can parse residency as if a math formula, but in actuality CIC will be evaluating your "residence" based on their overall assessment of what your residency consisted of in terms or real intent.
[18-07-2009,23:04]
[**.192.28.31]
Richard |
(in reply to: Maintaining PR and Daily travel to US)
Richard´s last input is very crucial. Other than the math part be careful about this. YOU MUST have to have a Canadian address as your reidence, Caandian DL, vehicle registration, ALSO TAX return. Also have to get the entry seal in your passport everyday you enter into Canada. Otherwise your well organized plan would bring you nothing at the end.
[20-07-2009,16:42]
[***.13.12.94]
DC_RC |
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