Can I live in Canada but work in the USA without my PR?

[mike2007]

Hi,

I'm looking to move to Canada and obtain my PR eventually ... then citizenship later down the road. Trying to find a job offer is difficult since I'm a US Citizen not many employers want to go through the hassle of getting me a visa and job offer letter but I'm working on sending my resumes out anyway. I do have work experience and my girlfriend and I are going to be engaged/married soon so then I'll tackle my PR application. Trying to figure out the whole funds requirement part still...

My main question is this. Since I do have a NEXUS pass, border crossing isn't so bad in the sense I don't have to wait too long each time. If I still have a US address, work for a US company, and pay US taxes...can I cross 5 days a week each day/night for work, and come back to Canada to live with my girlfriend and sleep? We want to share a place together. I heard they offer some type of Commuter pass for people in this circumstance but I couldn't find anything on it.

Would the border deny me and suspect me trying to enter illegally? Even though I work in the US and still would have a US address? I would think that by doing this, it would help build up the time required for her sponsoring me for the PR too, wouldn't it? I want to make sure I'm doing everything kosher and I don't want any trouble at the border. My girl and I have been dating for 3 years now and we really want to live together and since the commute isn't so bad we were thinking this could work, while we live together and I'm applying for my PR....we both have good jobs but if anything I'd give up mine and move up to Canada and get a Canadian job, she doesn't want to move to the USA.

Thanks for any help.

 

[Leon]

Before getting your PR, you are only allowed to visit Canada for up to 6 months at a time (rule of thumb 6 months a year) so if immigration feels that you are living in Canada without having proper status, they could make things difficult for you or even deny you entry. Once you have a sponsorship application going and can show them some proof that you are getting your PR at some point, it should be easier.

You don't need to build up time in order for her to sponsor you for PR if you are getting married. If you were not planning on getting married, you would have to live together for 12 months before applying. Most people who do that do not commute to their home country every day in order to work. If you are not commuting, it is easy to stay up to 6 months as a visitor, then apply to extend your visitor status for another 6 months. However, if you are commuting, you are dealing with immigration officers every day and just by chance, one day you might get one that gives you a hard time.

 

[mike2007]

Thanks for your reply. I was looking at Visitor Visas. How would I go about getting a Temp Visitor Visa, would this work for what I'm trying to do? (Live in Canada for 6 months to a year and work in USA).

Thanks.

 

[Leon]

Thanks for your reply. I was looking at Visitor Visas. How would I go about getting a Temp Visitor Visa, would this work for what I'm trying to do? (Live in Canada for 6 months to a year and work in USA).

Thanks.

You are visa exempt so you don't actually need a visitor visa. The problem is only that the immigration officer must believe that you are a bona fide visitor and not trying to live in Canada on visitor status. When you enter once and then stay in Canada, the immigration officer makes this determination once. When you enter every day, you will have a new or the same immigration officer making that determination every day and the risk increases that one of them will at some point decide that you are staying in Canada too much and deny you entry. There are really no guarantees or any visa for what you want to do other than getting PR.

 

[scylla]

The short answer is that you can't live in Canada as a visitor and commute back and forth between Canada and the US (even if you have a Nexus card). Sooner or later immigration will stop you and tell you that you can continue doing this - or just flat out deny you entry into the country. Worst case scenario (if you hit a cranky immigration officer) you could even end up with a 1 year exclusion order. So tread carefully.

Take Leon's advice if your relationship is serious. Get married and have your girlfriend sponsor you for PR as her spouse.