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

[canprofus]

Yes, that is true in situations where you travel to USA for work on Morning (say 8:00 am) and return back in the evening (say 6:00 pm). In that case, you would still sleep in Canada after working in USA. This is how I have been counting my days till now. Others/Experts could also chime in.

• The calculation of physical presence cannot go beyond the five-year period before the date of application.
• Each day of physical presence in Canada as a permanent resident counts as one day.
• Each day of physical presence in Canada as an authorized temporary resident or protected person before becoming a permanent resident, counts as one half day, with a maximum of 365 days credit towards physical presence.
• February 29 (leap day) is counted in either presence or absence.
• Absences will be calculated only for days where an applicant spent no time at all in Canada. Dates where an applicant left Canada, or returned to Canada will not be counted as an absence since the applicant was physically present in Canada for a portion of both days.
• Time spent serving a sentence and absences must be subtracted from the total number of days of physical presence during the five-year period.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html#s04

 

[YVR123]

So just to be sure. If I Travel to US to work on Monday morning and return on Tuesday evening, I can count both Monday and Tuesday towards my residency as I was inside Canada during some part of the day. Am I right?

You are correct. Both days count as in Canada. BUT start a spreadsheet and note ALL days that you travel in and out of Canada. Even it doesn't affect the days of absent, you need to list all the travel days in PR card renewal and citizenship applications.

 

[Ricky5206]

All - I wanted to ask if any of the daily/weekly/monthly commuters to the USA applied for canadian citizenship in 2020/21.
My situation is that I live in Vancouver and travel to USA through land border almost 1-2 times monthly for about a day or less. I am working on h1b and fetch salary in the US and file both canadian and US taxes and soon planning on filing for canadian citizenship.
For any one who's been through this I wanted to ask if there's any trouble proving the intent to reside in Canada or if this was even a factor for CIC anymore?

Any inputs will be appreciated!

 

[CanucksRajiv]

All - I wanted to ask if any of the daily/weekly/monthly commuters to the USA applied for canadian citizenship in 2020/21.
My situation is that I live in Vancouver and travel to USA through land border almost 1-2 times monthly for about a day or less. I am working on h1b and fetch salary in the US and file both canadian and US taxes and soon planning on filing for canadian citizenship.
For any one who's been through this I wanted to ask if there's any trouble proving the intent to reside in Canada or if this was even a factor for CIC anymore?

Any inputs will be appreciated!

I am planning to do similar to you. I will live in white rock our nearby and once/ twice a month visit Seattle office. How long have you been doing this? I don't think CIC cares about your US visits. Once, you satisfy days requirements you can apply for citizenship.

 

[Ricky5206]

I am planning to do similar to you. I will live in white rock our nearby and once/ twice a month visit Seattle office. How long have you been doing this? I don't think CIC cares about your US visits. Once, you satisfy days requirements you can apply for citizenship.

Hey CanucksRajiv, thanks!
Whiterock is a bit of an overkill, as the city has a retirement vibe to it...anyways based on my 2 1/2 years of experience land border worked best with Nexus unless these Covid restrictions came in place and the travel by choice and by force - both came to a halt.

I have read in the past that CIC can issue a RQ if they are not sure of your intent, but am not sure if that applies after the 3/5 rules came into place, so wanted to check on this forum if someone like us have gotten citizenship approved and can share any tips.

 

[AjeyaGupta]

FYI, I just saw that Canada now required negative Coid-19 result for land border crossing as well. We'll have to see if this would apply to regular commuters to USA for work purposes as well or not. This starts from 15th February onwards though.

News link: https://globalnews.ca/news/7629517/covid-travel-restrictions-land-borders/https://globalnews.ca/news/7629517/covid-travel-restrictions-land-borders/

 

[ca_hopeful]

I don't think that's true. any day (even if you spend a minute) spent in Canada is counted for RO as well as for citizenship.. if someone goes on Monday and returns on Tuesday, no days are lost for RO.

That's great. How do we maintain records for this? With a nexus card your passport isn't stamped. I read residency questionnaire is a possibility if you travel frequently outside Canada. So is it possible that cross border workers on h1b working in US and traveling to Canada can be questioned on their residency when renewing PR and applying for citizenship. What proof do we need to attach to these applications if this is a risk?

 

[ca_hopeful]

You are correct. Both days count as in Canada. BUT start a spreadsheet and note ALL days that you travel in and out of Canada. Even it doesn't affect the days of absent, you need to list all the travel days in PR card renewal and citizenship applications.

Will a spreadsheet be accepted as proof by CIC? Will CBSA have records of Nexus entry exit at border? What other proof can we maintain to support PR and Citizenship applications?

 

[YVR123]

Will a spreadsheet be accepted as proof by CIC? Will CBSA have records of Nexus entry exit at border? What other proof can we maintain to support PR and Citizenship applications?

the spreadsheet is for your own record keeping. There is are sections in the PR renewal and Citizenship application to enter all these information.

The border knows your travel. So they will use information in your travel history to cross check.

 

[BhargavDadhaniya]

FYI, I just saw that Canada now required negative Coid-19 result for land border crossing as well. We'll have to see if this would apply to regular commuters to USA for work purposes as well or not. This starts from 15th February onwards though.

News link: https://globalnews.ca/news/7629517/covid-travel-restrictions-land-borders/https://globalnews.ca/news/7629517/covid-travel-restrictions-land-borders/

This should only be for non-essential travel. Hopefully it has nothing to do with essential workers.

 

[swan0206]

This should only be for non-essential travel. Hopefully it has nothing to do with essential workers.

How do you define essential worker? As per Cic , only truck drivers and essential cross border workers come under essential workers. Also they are setting up testing sites almost at every border starting March 4th.

https://www.cbc.ca/news/politics/travel-restictions-border-1.5911845

 

[BhargavDadhaniya]

How do you define essential worker? As per Cic , only truck drivers and essential cross border workers come under essential workers. Also they are setting up testing sites almost at every border starting March 4th.

https://www.cbc.ca/news/politics/travel-restictions-border-1.5911845

Correct. Only truck drivers and essential cross borders come under essential workers.
I think Testing sites from March 4th should also be for non essential travel as they now have to focus on gradually opening border for all kinds of travel. They can't keep it shut for too long now.

 

[swan0206]

Correct. Only truck drivers and essential cross borders come under essential workers.
I think Testing sites from March 4th should also be for non essential travel as they now have to focus on gradually opening border for all kinds of travel. They can't keep it shut for too long now.

Do you travel daily? If not, how frequently you commute to work? I travel monthly once to work, not sure if they would ask for the negative, even if we travel to work and back in the same day??

 

[BhargavDadhaniya]

Do you travel daily? If not, how frequently you commute to work? I travel monthly once to work, not sure if they would ask for the negative, even if we travel to work and back in the same day??

Yes I do travel daily. For daily commuters, they can't ask for negative report. I will go to Detroit tomorrow as well and come back in the evening and I will provide an update here.
To be honest, for once a month commute, they might ask. I am not sure and I do not want to spread misinformation.
3-4 weeks ago, my friend who used to travel 1 or 2 days a week for probably half day was asked to quarantine because agent didn't think it was essential. Agent said in order to be considered as essential, you should stay in US for 8 hours a day and travel 2 days a week. Maybe that is only that agent's point of view because I did not find this official anywhere on website.
So, it might be good idea to call CBSA in a week to find out what they say about once or twice a week or month work Travellers.

 

[swan0206]

Yes I do travel daily. For daily commuters, they can't ask for negative report. I will go to Detroit tomorrow as well and come back in the evening and I will provide an update here.
To be honest, for once a month commute, they might ask. I am not sure and I do not want to spread misinformation.
3-4 weeks ago, my friend who used to travel 1 or 2 days a week for probably half day was asked to quarantine because agent didn't think it was essential. Agent said in order to be considered as essential, you should stay in US for 8 hours a day and travel 2 days a week. Maybe that is only that agent's point of view because I did not find this official anywhere on website.
So, it might be good idea to call CBSA in a week to find out what they say about once or twice a week or month work Travellers.

Oh!. Yes, i am sure about quarantine part but regarding tests may be it would remain the same as well. When you say they might open the borders as its been too long, dont you think these measures were put in place due to up-coming spring break ! Nothing seems positive as far now because their only plan is to fine people and earn some money(also considering yesterday's draw that came out as 75 for CEC to make some money). i feel like their ideology is turning as communists.