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Live in canada as PR but work part time in US with US permanent residency as wel

diding

Full Member
Oct 14, 2016
44
0
I have the almost the same question. Im holding a permanent residency in US but about to move in Winnipeg with my spousal sponsorship visa. Since we live near the border, i am thinking of working part time (2x a week) in the US but still live in canada with my husband.. Will there be any issues with regards to my canadian Residency? Im not really interested in applying for my us citizenship.
 

Coffee1981

Star Member
Jun 29, 2016
136
11
diding said:
I have the almost the same question. Im holding a permanent residency in US but about to move in Winnipeg with my spousal sponsorship visa. Since we live near the border, i am thinking of working part time (2x a week) in the US but still live in canada with my husband.. Will there be any issues with regards to my canadian Residency? Im not really interested in applying for my us citizenship.
You'll have to really, really keep track of all your entries and exits from the country - they're going to ask you to declare them all when it comes time to apply for Citizenship. Holding PR in the US and so many trips across though is almost begging for a Residency Questionnaire when it comes time to apply (an exercise where you'll have to provide tons of extra documentation to officials to prove you were actually in Canada when you claimed to be). It's doable, but it's going to be a LOT of time and work when the time comes to apply. As long as you're physically present in Canada for 1460 days 4 out of 6 years ahead of your application, with at least half of a year spent in Canada for each of those 4 years, and you've paid your taxes, etc... you should be granted though.

Personally, if you ask me, just find a job here. It's going to be way less headaches at the end of the day, and it'll prove you're really committed to your new country.
 

Natan

Hero Member
May 22, 2015
496
83
diding said:
I have the almost the same question. Im holding a permanent residency in US but about to move in Winnipeg with my spousal sponsorship visa. Since we live near the border, i am thinking of working part time (2x a week) in the US but still live in canada with my husband.. Will there be any issues with regards to my canadian Residency? Im not really interested in applying for my us citizenship.
I live in Canada and work in the USA. Most of the time, I took day trips to the USA (no absence accrued), but for several months I spent whole work weeks in the USA, returning to Canada for the weekend. Although I received an RQ, I did become a citizen under the 3/4 rules (from application to oath took two years). You will have to provide ample data to show that you actually lived in, and your life was centred in, Canada. (See below for my recommendations on meeting RQ requirements.)

Suggestions for Meeting RQ Requirements:

1. Use a credit/debit card for all spending in Canada and keep all bank statements, so you can show the kind of spending activity that establishes a life lived in Canada (groceries, restaurants, etc.) Also keep receipts for cash purchases. Try to make at least one purchase each day you're in Canada -- I spread out my purchases throughout the week, instead of doing all the shopping in a single day, e.g., groceries, produce market, dry cleaning, liquor store, etc. (Do not use Canadian credit/debit cards in the USA -- providing bank statements with lots of USA purchases detracts from establishing a life centred in Canada. Get US credit/debit cards, if you don't already have them.)

2. Keep all leases, proof of each rental/mortgage payment, copies of all utility and phone bills.

3. Register and insure your car in Canada.

4. File Canadian taxes as a resident of Canada; and file U.S. taxes as a resident of Canada. On all forms, for both governments, maintain that you are a resident of Canada (remember, the countries now share more and more information).

5. Get both the CBP and CBSA border entry reports before submitting your PR renewal or citizenship applications.

6. Keep meticulous records of each and every trip across the border. Listing should include: i) date left; ii) date returned; iii) country visited; iv) purpose of trip (e.g., business, pleasure); v) total absence from Canada; vi) total days in the USA (as a US Tax Person, you need to keep track of every day spent in the USA -- each day you are in the USA for any amount of time is considered a "day present" -- because some tax consequences are based on the number of days present in the USA.)
 

links18

Champion Member
Feb 1, 2006
2,009
129
There really isnt any legal problem doing this for your Canadian citizenship as long as you meet the PP requirements, but what about US PR obligations? Obviously, you will be subjected to greater scrutiny.

On the practical side: Winnipeg really isnt that close to anywhere in the US that has decent job opportunities. Winnipeg is 60 miles from the border and then Grand Forks is another 75 miles or more from there. What kind of job are you going to get that is worth that trip twice a week? In winter, the roads can be pretty darn bad. If you get stuck in a storm, you might not be able to see two feet in front of you on the road.
 

diding

Full Member
Oct 14, 2016
44
0
Coffee1981 said:
You'll have to really, really keep track of all your entries and exits from the country - they're going to ask you to declare them all when it comes time to apply for Citizenship. Holding PR in the US and so many trips across though is almost begging for a Residency Questionnaire when it comes time to apply (an exercise where you'll have to provide tons of extra documentation to officials to prove you were actually in Canada when you claimed to be). It's doable, but it's going to be a LOT of time and work when the time comes to apply. As long as you're physically present in Canada for 1460 days 4 out of 6 years ahead of your application, with at least half of a year spent in Canada for each of those 4 years, and you've paid your taxes, etc... you should be granted though.

Personally, if you ask me, just find a job here. It's going to be way less headaches at the end of the day, and it'll prove you're really committed to your new country.
Thank you for your answer. Im actually planning to do it for only half a year, as soon as i get my Canadian RN license. just stay in US for 2-3days in a week and spend the rest of the week in canada since me and my husband will be living together in Winnipeg. No really intention to apply for US citizenshio.
 

diding

Full Member
Oct 14, 2016
44
0
links18 said:
There really isnt any legal problem doing this for your Canadian citizenship as long as you meet the PP requirements, but what about US PR obligations? Obviously, you will be subjected to greater scrutiny.

On the practical side: Winnipeg really isnt that close to anywhere in the US that has decent job opportunities. Winnipeg is 60 miles from the border and then Grand Forks is another 75 miles or more from there. What kind of job are you going to get that is worth that trip twice a week? In winter, the roads can be pretty darn bad. If you get stuck in a storm, you might not be able to see two feet in front of you on the

Im actually working as an RN in the US and in order for me to have a Canadian RN license, it will take almost a year to assess my nursing credentials. I really dont wanna do any other job aside from nursing. I found this nursing home in St Vincent, MN that is looking for nurses. I just really want to work part time in the US until I get my Canadia. rN license, stay in US for 2-3days a week and spend the rest of the week in Canada.
 

links18

Champion Member
Feb 1, 2006
2,009
129
diding said:
links18 said:
There really isnt any legal problem doing this for your Canadian citizenship as long as you meet the PP requirements, but what about US PR obligations? Obviously, you will be subjected to greater scrutiny.

On the practical side: Winnipeg really isnt that close to anywhere in the US that has decent job opportunities. Winnipeg is 60 miles from the border and then Grand Forks is another 75 miles or more from there. What kind of job are you going to get that is worth that trip twice a week? In winter, the roads can be pretty darn bad. If you get stuck in a storm, you might not be able to see two feet in front of you on the

Im actually working as an RN in the US and in order for me to have a Canadian RN license, it will take almost a year to assess my nursing credentials. I really dont wanna do any other job aside from nursing. I found this nursing home in St Vincent, MN that is looking for nurses. I just really want to work part time in the US until I get my Canadia. rN license, stay in US for 2-3days a week and spend the rest of the week in Canada.
St. Vincent, right at the border? That's a really small town. If you stay there for a couple of days in the week, you might want to cross over the border back to Canada once a day--even if for only a few minutes--as any part of a day in Canada counts as a day for citizenship qualification purposes now. You might want to consider Nexus as they can be a little grouchy at times at the Pembina border crossing.
 

diding

Full Member
Oct 14, 2016
44
0
links18 said:
St. Vincent, right at the border? That's a really small town. If you stay there for a couple of days in the week, you might want to cross over the border back to Canada once a day--even if for only a few minutes--as any part of a day in Canada counts as a day for citizenship qualification purposes now. You might want to consider Nexus as they can be a little grouchy at times at the Pembina border crossing.
The problem i might deal with will be maintaining my US residency then if i dont stay in US atleast once a week, am i right?
 

Natan

Hero Member
May 22, 2015
496
83
diding said:
The problem i might deal with will be maintaining my US residency then if i dont stay in US atleast once a week, am i right?
I see two problems that you may face maintaining valid LPR status in the USA:

1. Absences of more than six months may invalidate your LPR status.

2. When you enter the USA, the CBP agent is often going to ask you, "Where do you live?" Saying you live in Canada may trigger consequences. If you can make a claim to having a "residence" in the USA, you may be able to get away with saying that you live in the USA; but I recommend against telling outright lies to a border agent. (CBP does not generally make a record of what you say at the border to their guards, unless you are sent into the office; the questions are mostly to gauge your credibility and to try to detect if you're being dishonest. Border guards are generally good at detecting dishonesty.)

For the record, if CBP suspects you are lying to them, they can permanently ban your reentry into the USA! There are no real mechanisms for appealing such a decision. In such an event, you would require an I-601 waiver before you could enter/transit the USA thereafter.
 

research-scientist

Star Member
Aug 18, 2014
178
11
Job Offer........
Pre-Assessed..
I had dual PR and ended up giving up the US PR. Every time you cross the border the border patrol ask a lot of questions. It's not easy to keep both. BTW I immigrated to Winnipeg from US and know the Manitoba-North Dakota border pretty well as this was the one I used to cross. What Natan said up there is absolutely true.
diding said:
I have the almost the same question. Im holding a permanent residency in US but about to move in Winnipeg with my spousal sponsorship visa. Since we live near the border, i am thinking of working part time (2x a week) in the US but still live in canada with my husband.. Will there be any issues with regards to my canadian Residency? Im not really interested in applying for my us citizenship.
 

links18

Champion Member
Feb 1, 2006
2,009
129
Natan said:
I see two problems that you may face maintaining valid LPR status in the USA:

1. Absences of more than six months may invalidate your LPR status.

2. When you enter the USA, the CBP agent is often going to ask you, "Where do you live?" Saying you live in Canada may trigger consequences. If you can make a claim to having a "residence" in the USA, you may be able to get away with saying that you live in the USA; but I recommend against telling outright lies to a border agent. (CBP does not generally make a record of what you say at the border to their guards, unless you are sent into the office; the questions are mostly to gauge your credibility and to try to detect if you're being dishonest. Border guards are generally good at detecting dishonesty.)

For the record, if CBP suspects you are lying to them, they can permanently ban your reentry into the USA! There are no real mechanisms for appealing such a decision. In such an event, you would require an I-601 waiver before you could enter/transit the USA thereafter.
All of which suggests that if OP wants to do this, they keep a US residential address and might consider applying for Nexus in order to address any possible issues up front. There shouldn't be any problem on the Canadian side, as Canadian PR is not actually based on residence, but US side might be different.
 

nope

Hero Member
Oct 3, 2015
301
52
Natan said:
I see two problems that you may face maintaining valid LPR status in the USA:

1. Absences of more than six months may invalidate your LPR status.

2. When you enter the USA, the CBP agent is often going to ask you, "Where do you live?" Saying you live in Canada may trigger consequences. If you can make a claim to having a "residence" in the USA, you may be able to get away with saying that you live in the USA; but I recommend against telling outright lies to a border agent. (CBP does not generally make a record of what you say at the border to their guards, unless you are sent into the office; the questions are mostly to gauge your credibility and to try to detect if you're being dishonest. Border guards are generally good at detecting dishonesty.)

For the record, if CBP suspects you are lying to them, they can permanently ban your reentry into the USA! There are no real mechanisms for appealing such a decision. In such an event, you would require an I-601 waiver before you could enter/transit the USA thereafter.
I might be wrong, but I thought that having a green card gives you the right to enter the United States. Of course, the green card itself might be revoked, but I think it's highly unlikely that that would happen without any warning.
 

Natan

Hero Member
May 22, 2015
496
83
nope said:
I might be wrong, but I thought that having a green card gives you the right to enter the United States. Of course, the green card itself might be revoked, but I think it's highly unlikely that that would happen without any warning.
LPR means "Legal Permanent Resident". If one has become a Canadian PR since becoming an LPR, and if one is currently resident in Canada, then that begs the question, is one any longer a permanent resident of the USA?

CBP border guards may not be legally authorized to revoke LPR status, but that does not mean they can't place a ban on one's entry into the USA, effectively voiding the LPR status. And while it may be outside their mandate to ban an LPR, overturning such a decision could cost anywhere from $10,000 to $250,000 in legal fees and take 18 years or more to wend its way through the courts.

links18 said:
All of which suggests that if OP wants to do this, they keep a US residential address and might consider applying for Nexus in order to address any possible issues up front. There shouldn't be any problem on the Canadian side, as Canadian PR is not actually based on residence, but US side might be different.
Applying for a NEXUS card may raise questions that could result in a loss of LPR status. One would have to declare their current address and their immigration status in both Canada and the USA.

Maintaining a USA residence might be prudent, so one can truthfully provide the CBP agent with an American place of residence. CBP agents occasionally ask, "What's your status in Canada?" Please keep in mind that border guards are very likely to find complicated explanations suspect. Complicated or convoluted explanations tend to lose credibility very, very rapidly. Border guards are not hired for their robust intellects -- once they have convinced themselves they are being lied to, they shall not easily be dissuaded. That being said, your answers to border guards should be professional, concise, direct, and on point -- know the answers (forethought) to any question they may ask before presenting yourself at the border. (This is not the time and place to practice one's social skills, no matter how social and personable the border guard.)
 

links18

Champion Member
Feb 1, 2006
2,009
129
Natan said:
LPR means "Legal Permanent Resident". If one has become a Canadian PR since becoming an LPR, and if one is currently resident in Canada, then that begs the question, is one any longer a permanent resident of the USA?

CBP border guards may not be legally authorized to revoke LPR status, but that does not mean they can't place a ban on one's entry into the USA, effectively voiding the LPR status. And while it may be outside their mandate to ban an LPR, overturning such a decision could cost anywhere from $10,000 to $250,000 in legal fees and take 18 years or more to wend its way through the courts.

Applying for a NEXUS card may raise questions that could result in a loss of LPR status. One would have to declare their current address and their immigration status in both Canada and the USA.

Maintaining a USA residence might be prudent, so one can truthfully provide the CBP agent with an American place of residence. CBP agents occasionally ask, "What's your status in Canada?" Please keep in mind that border guards are very likely to find complicated explanations suspect. Complicated or convoluted explanations tend to lose credibility very, very rapidly. Border guards are not hired for their robust intellects -- once they have convinced themselves they are being lied to, they shall not easily be dissuaded. That being said, your answers to border guards should be professional, concise, direct, and on point -- know the answers (forethought) to any question they may ask before presenting yourself at the border. (This is not the time and place to practice one's social skills, no matter how social and personable the border guard.)
Yes, applying for Nexus might raise questions, but those same questions could be raised at anytime at the border anyway. Maybe better to deal with them at an off border location BEFORE attempting this project, rather than risking something happen right in the middle of it. Of course, having a NEXUS membership is no guarantee of avoiding further questioning at the border, but it would probably lessen the chances, in that the OP would be "pre-vetted," to some degree.