Commuting to US for work and Canadian Citizenship applicants

[H1B_140approved_CanadaPR]

I have seen many people in this scenario on forums, who are commuting to USA for work and planing to obtain Canadian Citizenship.... Some of those might have got it already. My 1095 Days will get completed early next year and I will be in same boat.

Just starting this thread to help each other.

Anyone who has already got it?
Anything important to keep in mind which will help others in their case?

 

[muralim]

I have seen many people in this scenario on forums, who are commuting to USA for work and planing to obtain Canadian Citizenship.... Some of those might have got it already. My 1095 Days will get completed early next year and I will be in same boat.

Just starting this thread to help each other.

Anyone who has already got it?
Anything important to keep in mind which will help others in their case?

I am going to be in same situation as well. I am a Canadian PR and working in US in H1-B. I will be eligible for Canadian citizenship in a month or so. But I was wondering whether I have to apply for the citizenship after I apply for green card first.

 

[meyakanor]

Because you all are working in the US, and are commuting nearly daily, it is very very important to make sure that you have recorded ALL your trips accurately.

Do not simply rely on CBSA and CBP records (use them only as guidance), because I've heard that they're missing a lot of entries (and if you're a US citizen who is also a Canadian PR, you will find it extremely hard to retrieve accurate third-party records of your trips between the two countries).

Unlike GC, there is no requirement that you have to be a resident or working in Canada for Canadian citizenship application, they simply care about physical presence.

However, the fact that you're working in the US would probably get your application to be scrutinized more than normal applications, so keeping accurate records (and proofs) of your physical presence would be crucial.

I am going to be in same situation as well. I am a Canadian PR and working in US in H1-B. I will be eligible for Canadian citizenship in a month or so. But I was wondering whether I have to apply for the citizenship after I apply for green card first.

If you have not filed for adjustment yet, then it should not matter (but consult with your lawyer), but after adjustment filing, you would have to reside in the US, and this would be an issue since your Canadian citizenship application needs to be submitted from within Canada. Not to mention that you would also need to travel to Canada for test and oath, and this would be a hassle if you have a pending I-485 and residing in the US.

 

[H1B_140approved_CanadaPR]

However, the fact that you're working in the US would probably get your application to be scrutinized more than normal applications, so keeping accurate records (and proofs) of your physical presence would be crucial.
.

When you say that.. any idea if its just about accuracy of travel days / days of absent OR It could also be about intent to stay etc? That said, I wasn't able to find a job which can pay up to 60% of my current salary and I would like to keep it this way as my family and kids love Canada. Thought of buying a house to build more ties but its not affordable at all.

I'm not sure they will understand all that and also little concerned if they will put us in tough spot by assuming the return to USA after citizenship.

 

[meyakanor]

When you say that.. any idea if its just about accuracy of travel days / days of absent OR It could also be about intent to stay etc? That said, I wasn't able to find a job which can pay up to 60% of my current salary and I would like to keep it this way as my family and kids love Canada. Thought of buying a house to build more ties but its not affordable at all.

I'm not sure they will understand all that and also little concerned if they will put us in tough spot by assuming the return to USA after citizenship.

The so-called 'residency' requirements for Canadian citizenship is strictly speaking a physical presence test.

Legally speaking, if you can prove your number of days within the past 5 years, and you satisfied income tax filing requirements for 3 out of the past 5 calendar years (not including the current one since you cannot possibly have filed your taxes for the current year), then you satisfy the 'residency' requirements.

However, because of your situation of not being employed in Canada, they may choose to scrutinize your application a bit more than other more straight forward applications.

Having strong ties definitely help, but only in so far in proving physical presence.

If you don't have the number of days (which is 1,096 days out of the past 5 years), it wouldn't matter what other 'proofs' of residence you show, you can't satisfy the physical presence test.

Before Bill C-24, the wording was ambiguous enough that some people were able to get citizenship without having accumulated 1,096 days of physical presence, provided they were able to prove 1,096 days of 'residence'.

This would be a situation where ties would matter, since being a resident is not necessarily viewed as exactly the same as physical presence.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

Nowadays, they explicitly mention 'physical presence', so gone were the days where you could argue to have lived in Canada for 3 years, even though you were physically present for a little less.

 

[H1B_140approved_CanadaPR]

The so-called 'residency' requirements for Canadian citizenship is strictly speaking a physical presence test.

Legally speaking, if you can prove your number of days within the past 5 years, and you satisfied income tax filing requirements for 3 out of the past 5 calendar years (not including the current one since you cannot possibly have filed your taxes for the current year), then you satisfy the 'residency' requirements.

However, because of your situation of not being employed in Canada, they may choose to scrutinize your application a bit more than other more straight forward applications.

Having strong ties definitely help, but only in so far in proving physical presence.

If you don't have the number of days (which is 1,096 days out of the past 5 years), it wouldn't matter what other 'proofs' of residence you show, you can't satisfy the physical presence test.

Before Bill C-24, the wording was ambiguous enough that some people were able to get citizenship without having accumulated 1,096 days of physical presence, provided they were able to prove 1,096 days of 'residence'.

This would be a situation where ties would matter, since being a resident is not necessarily viewed as exactly the same as physical presence.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

Nowadays, they explicitly mention 'physical presence', so gone were the days where you could argue to have lived in Canada for 3 years, even though you were physically present for a little less.

Yeah, less than 1095 for sure is a no-go from beginning. One should not even bother to file if he/she doesn't meet that criteria ( and 3 year of tax too).

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/improvements/act-changes-2017.html

On June 19, 2017, Bill C-6 passed Parliament. Some immediate changes include:

• Requirement to intend to live in Canada once granted citizenship was repealed

As you mentioned about that part, I am little concerned about actual implementation of it.
I'm also interpreting it as they will not even ask If I plan to stay in Canada or if I will move to USA once I became Citizen.

I hope it goes smooth for all of us. Thanks for contributing on this thread

 

[meyakanor]

Yeah, less than 1095 for sure is a no-go from beginning. One should not even bother to file if he/she doesn't meet that criteria ( and 3 year of tax too).

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/improvements/act-changes-2017.html

On June 19, 2017, Bill C-6 passed Parliament. Some immediate changes include:

• Requirement to intend to live in Canada once granted citizenship was repealed

As you mentioned about that part, I am little concerned about actual implementation of it.
I'm also interpreting it as they will not even ask If I plan to stay in Canada or if I will move to USA once I became Citizen.

I hope it goes smooth for all of us. Thanks for contributing on this thread

Yeah, you're right. In theory, the fact that you may move the next day after becoming a citizen should not be a factor. Physical presence and tax filing should be all matters when it comes to residency requirements.

But as I mentioned, each application will be considered on a case by case basis, and the fact that you're not employed in Canada and crossing the border almost daily would probably get your application to be more scrutinized than your typical routine citizenship application.

But again, we don't really know exactly what goes on behind the scene, and how much this matters, and I wish you good luck and speedy processing.

 

[DEEPCUR]

When you say that.. any idea if its just about accuracy of travel days / days of absent OR It could also be about intent to stay etc? That said, I wasn't able to find a job which can pay up to 60% of my current salary and I would like to keep it this way as my family and kids love Canada. Thought of buying a house to build more ties but its not affordable at all.

I'm not sure they will understand all that and also little concerned if they will put us in tough spot by assuming the return to USA after citizenship.

When you work this way, what would you give as address to your employer? Will the system allow you to give a Canadian address? I checked my employer portal.. in that country field is pre filled with United States and it is not editable.

Also I'm curious when you mention that your family loves Canada.. what is special there that's not in US? Or is it just school, general friends circle etc?

 

[DEEPCUR]

I am going to be in same situation as well. I am a Canadian PR and working in US in H1-B. I will be eligible for Canadian citizenship in a month or so. But I was wondering whether I have to apply for the citizenship after I apply for green card first.

When you say applying green card, what do you mean? Do you have i140 or you meant starting the green card process freshly?

 

[H1B_140approved_CanadaPR]

When you work this way, what would you give as address to your employer? Will the system allow you to give a Canadian address? I checked my employer portal.. in that country field is pre filled with United States and it is not editable.

Also I'm curious when you mention that your family loves Canada.. what is special there that's not in US? Or is it just school, general friends circle etc?

Sometime I had to stay overnight in USA for office or personal work, So i have a rental room and I use its address. In past I have used USPS Post box ( with an address more like physical address) and also my friends home address too.

Yeah, Not just school and friend circle, But food and social/religious activities are much better here.

 

[DEEPCUR]

Sometime I had to stay overnight in USA for office or personal work, So i have a rental room and I use its address. In past I have used USPS Post box ( with an address more like physical address) and also my friends home address too.

Yeah, Not just school and friend circle, But food and social/religious activities are much better here.

Cool.. during citizenship interview, what can the visa officer say if you say them that your you have a great career going with the US company with which you have been working, and so you preferred to continue that job even after moving to Canada. And also that your employer was willing to support you by letting you work that way.. I think that's a fair explanation rather than money part. If it takes extra time to get citizenship, I think it should still be okay because there is nothing to lose with the delay. As one would still be a PR, there definitely would be a sense of stability unless we wish to stress ourselves for the delay.

And your family may get the citizenship on time as they haven't had any trips like you.

 

[H1B_140approved_CanadaPR]

Cool.. during citizenship interview, what can the visa officer say if you say them that your you have a great career going with the US company with which you have been working, and so you preferred to continue that job even after moving to Canada. And also that your employer was willing to support you by letting you work that way.. I think that's a fair explanation rather than money part. If it takes extra time to get citizenship, I think it should still be okay because there is nothing to lose with the delay. As one would still be a PR, there definitely would be a sense of stability unless we wish to stress ourselves for the delay.

And your family may get the citizenship on time as they haven't had any trips like you.

Yeah. Fingers crossed for future

 

[greencard14]

Sometime I had to stay overnight in USA for office or personal work, So i have a rental room and I use its address. In past I have used USPS Post box ( with an address more like physical address) and also my friends home address too.

Yeah, Not just school and friend circle, But food and social/religious activities are much better here.

Are you Windsor area? Can you point to a few safe neighborhoods for living? Moving next month with family. Also how you were able to rent/lease without a canadian rental history as most of the ads ask for credit check for leasing.

 

[H1B_140approved_CanadaPR]

Are you Windsor area? Can you point to a few safe neighborhoods for living? Moving next month with family. Also how you were able to rent/lease without a canadian rental history as most of the ads ask for credit check for leasing.

Sorry I'm on west.

 

[greencard14]

Sorry I'm on west.

Oh ok. Are there sizable U.S. cities that close to the border on west coast?