Daily commute (Detroit-Windsor) (H1b and Canada PR)

[CanucksRajiv]

this will work to meet PR obligations, but not for citizenship. For citizenship, they consider 1095 days only from the day you made Canada as your primary residence.. primary in the sense filing Canadian taxes as resident, having Canadian license, Canadian plates, health card and spending most of the time in Canada. It is not written anywhere, but I know someone attempted what you proposing for 8 months just to find out from CBSA/IRCC that time would not be counted for citizenship. what is the deal with switching your residence to Windsor/Canada? keeping US residence is not going to make or break anything anywhere.. pointless.

What you mean by primary residence? The person in question will always claim that canada is the primary residence and keep on paying the taxes, health card and paying utilities in canada.

 

[canprofus]

What you mean by primary residence? The person in question will always claim that canada is the primary residence and keep on paying the taxes, health card and paying utilities in canada.

he mentioned that he would not import the car. If your primary residence is Canada, you are supposed to change your drivers license to Canadian license, import and register the car in Canada, keep auto insurance in Canada and spend most time in Canada. For instance, CBSA does not let PR holders drive US plated cars in to Canada if they are living in Canada. So he would have basically keep up that he lives in US and visits Canada to them and that is not going to work for citizenship. they diligently get in to all these things before considering the days for citizenship.

I feel he is basically planning to spend some days in Windsor side every week by renting a house without actually changing the residence to accumulate days for citizenship.

 

[apnanumberaaega]

hi guys,
I got my PR recently. I am in H1 status in USA. I want to keep my US job because I'm in a licensed/regulated profession and Canada doesn't recognize my credentials. I want to take up a remote job and get a room across border in Detroit and get that as my work address. My work will be 5 days a week 8-6 pm at least. I wont have a stamped visa initially but may get a stamping in due course (dependent on slots). Will this be feasible and keep my PR (goal is citizenship) and continue work in USA with pending GC application ? It seems like too good to be true that I could live in Canada and work in US because I always loved living in Canada better than US. So to summarize my questions are:

1. Is it possible to do this ?
2. How long of a wait at the border each day am I looking at ?
3. Any potential issues that I am not aware of ?

 

[Mash01]

Thanks! No, I will be commuting to Bellingham from White Rock, BC

Do you have a office location in Bellingham or a tem p residential?

 

[CanucksRajiv]

Hello Everyone,

Has anyone kept Michigan driving license and applied for separate driving license for Ontario? Is there any benefit having two driving licenses?

 

[canprofus]

Hello Everyone,

Has anyone kept Michigan driving license and applied for separate driving license for Ontario? Is there any benefit having two driving licenses?

it is not possible to do this. they will take your US driving license when you exchange it for a Canadian license.

 

[path_to_canada]

For citizenship, they consider 1095 days only from the day you made Canada as your primary residence.. primary in the sense filing Canadian taxes as resident, having Canadian license, Canadian plates, health card and spending most of the time in Canada.

This seem's incorrect -- there is no stipulation in the law about 'primary residence' requirement for residence obligations Source: https://laws-lois.justice.gc.ca/eng/acts/c-29/section-5.html

 

[darshuvisa]

Hello everyone,

I just have a few questions to ask.

I am planning to move to Windsor soon. I work on H-1B in the US as a full time employee and my work location is Oklahoma. My H-1B visa stamp is valid until Sep 2024

1. Is that ok to travel to Oklahoma for work once in a month?
2. What kind of questions will be asked at the port of entry?

 

[canprofus]

This seem's incorrect -- there is no stipulation in the law about 'primary residence' requirement for residence obligations Source: https://laws-lois.justice.gc.ca/eng/acts/c-29/section-5.html

may be try your luck and see how it goes. someone whom I know included the days he visited Canada (before permanent move) while calculating 1095 days, the application was sent back saying that they will not consider those days before he permanently moved in.

 

[YVR123]

may be try your luck and see how it goes. someone whom I know included the days he visited Canada (before permanent move) while calculating 1095 days, the application was sent back saying that they will not consider those days before he permanently moved in.

RO days start counting when one became a PR. Not before. (730 days for RO)
Days to apply for citizenship however can count half the time when living in Canada as temporary resident. It's not very clear if you can count those days if you are only visiting. For sure days on study permit and work permit can be counted (Half the days with maximum 1 years)

 

[path_to_canada]

may be try your luck and see how it goes. someone whom I know included the days he visited Canada (before permanent move) while calculating 1095 days, the application was sent back saying that they will not consider those days before he permanently moved in.

RO days start counting when one became a PR. Not before. (730 days for RO)
Days to apply for citizenship however can count half the time when living in Canada as temporary resident. It's not very clear if you can count those days if you are only visiting. For sure days on study permit and work permit can be counted (Half the days with maximum 1 years)

Citizenship Act 1985 Section 5:

Grant of citizenship

• 5 (1) The Minister shall grant citizenship to any person who
  • (a) makes application for citizenship;
  • (b) [Repealed, 2017, c. 14, s. 1]
  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has
    • (i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and
      

Length of physical presence — calculation

(1.001) For the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner:

1. (a) for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days; and
2. (b) for every day during which the person has been physically present in Canada since becoming a permanent resident, the person accumulates one day of physical presence.

So it seems any temporary resident status is also counted as half day, up till 365 days and PR days as full days. And this is the law that even officers need to follow and any other push back would be unlawful (and can be appealed).

 

[darshuvisa]

Hello everyone,

I just have a few questions to ask.

I am planning to move to Windsor soon. I work on H-1B in the US as a full time employee and my work location is Oklahoma. My H-1B visa stamp is valid until Sep 2024

1. Is that ok to travel to Oklahoma for work once in a month?
2. What kind of questions will be asked at the port of entry?

Can someone pls reply to this post

 

[swan0206]

Can someone pls reply to this post

1. Yes you can.
2. a)where do you stay
b) Purpose of your trip
c) Where do you work and how often you need to be there.
d) whom do you work for?
e) anything to declare?

Pretty much it.

 

[darshuvisa]

1. Yes you can.
2. a)where do you stay
b) Purpose of your trip
c) Where do you work and how often you need to be there.
d) whom do you work for?
e) anything to declare?

Pretty much it.

Thank u so much for the response

 

[canprofus]

Citizenship Act 1985 Section 5:

Grant of citizenship

• 5(1) The Minister shall grant citizenship to any person who
  • (a) makes application for citizenship;
  • (b) [Repealed, 2017, c. 14, s. 1]
  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has
    • (i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and

Length of physical presence — calculation

(1.001) For the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner:

1. (a) for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days; and
2. (b) for every day during which the person has been physically present in Canada since becoming a permanent resident, the person accumulates one day of physical presence.

So it seems any temporary resident status is also counted as half day, up till 365 days and PR days as full days. And this is the law that even officers need to follow and any other push back would be unlawful (and can be appealed).

you are mixing up two different things. Temporary resident status refer to people living in work or study visa in Canada (not PR status basically), and doesn't refer to people who visit on PR status and go back. People in work permit/study visas have Canada live fully in Canada and have Canada as their primary residence.

We were discussing about PRs who are simply visiting and going back on same day and having those days counted for citizenship. I just told an example where someone's visit days were not counted for citizenship. If you want, you can spend all your energy visiting every day without actually living in Canada, apply for citizenship and see what happens. If you they don't consider those days, you are free to challenge them in courts and keep your citizenship app dragged for several years in limbo. Not to forget that you will be compelled to main residency obligation too for the entire time the app is open so as not to lose your PR status.