Is travelling every month to U.S for business a problem?

[cheerup]

Hi all,

We immigrated to Canada last month from U.S. I still have to go to U.S for my consulting company every month for which I have a U.S business visa. My children are settled in Canada, going to school, has gotten Canadian drivers licence, lease etc. If I have to make trips to U.S every month for first two years, would there be any problems with Canadian immigration authorities in any respect?.

Thanks

 

[Msafiri]

You need to demonstrate to the CBSA agent at the Port of Entry that you meet the Residence Obligation (RO) each time you enter Canada. The most common way to meet the RO is:

1. Held PR for less than 5 years - you will be able to attain 730 days of physical presence in Canada in the 5 year period counted from your landing date.

2. Held PR for more than 5 years - you have attained 730 days of physical presence in Canada in the 5 years prior to the entry date.

There are other instances where absences from Canada count as days for meeting the RO e.g. accompanying a Canadian Citizen, working in the Public Service of Canada or working for a Canadian business i.e. a bona fide secondment not a one man incorporation to try and meet the RO. It would be interesting to see if this 'Canadian business' aspect applies in your case.

As a new PR you are good to travel as you have plenty of time to make the 730 days. Keep a detailed record of your entries/exits into Canada, the US and third countries. You will have to decare these at PR Card renewal and Citizenship application.

 

[cheerup]

Great. Thanks for your reply. If my wife after becoming Canadian citizen join me in U.S when I no longer meet PR 730 days status in the beginning but in following three years I do fulfil requirements being living with a Canadian citizen spouse, I should be fine if I do not have to travel to Canada in those three years, am I right?

 

[Msafiri]

Not sure I get your question but yes time in the US with your Canadian spouse would count towards the RO. To apply for Citizenship your spouse would need to reside in Canada for 3 years in the 4 years prior to the application date. Residence is not defined in the Citizenship act but is increasingly being deemed to be actual physical presence for an application to be considered routine. Current citizenship processing time is 21 months for 80% of 'routine' applications i.e 1095 days of physical presence. You have a long way to go before your spouse can help you maintain the RO.

 

[cheerup]

Thanks.