Living in Canada, working in US.

[ufarooqi1981]

Is it possible to cross the border everyday (with legal status in both countries)? And will such time spent be accepted for fulfilling 1096 days for citizenship application?

 

[ufarooqi1981]

Anyone experienced this before?

 

[dpenabill]

Is it possible to cross the border everyday (with legal status in both countries)? And will such time spent be accepted for fulfilling 1096 days for citizenship application?

I have no related experience.

Re PR RO compliance:

Generally U.S./Canada PR commuters have not reported problems meeting the Canadian PR Residency Obligation (the U.S. side can be an issue for Green Card holders), so long as the PR does in fact have enough days during which at least part of the day was in Canada to amply meet the minimum 730 days in Canada obligation (related reports of problems tend to be by those for whom there is some question about actually being in Canada at least 730 days, and includes, for example, individuals who were totally outside Canada for two or more years and then became a U.S./Canada commuter, trying to squeeze in compliance).


Re Citizenship Presence Requirements:

Technically a day partially spent in Canada counts as a day toward the Canadian citizenship requirement.

Practically, historically U.S./Canada commuters have tended to face proof of actual presence hurdles in the citizenship application process. Non-routine processing appears to be common. Skeptical assessment of the facts can be encountered. It can be a difficult case to make. But, for the PR who proves actual presence in Canada (including days partially spent in Canada) for the required number of days, that will meet this particular requirement (actual requirement is subject to change; for applications made between June 11, 2015 and October 11, 2017, the requirement is 1460 during a six year time frame; currently the requirement is 1095 days during a five year time frame; what it will be two or three years from now depends on whether Parliament adopts any changes).

 

[Tubsmagee]

Is it possible to cross the border everyday (with legal status in both countries)? And will such time spent be accepted for fulfilling 1096 days for citizenship application?

I did it the other way around, living in WA (as citizen) and commuting to CA as PR). Never had any real issues, through was questioned a few times by immigration on both sides. Having a NEXUS card made it much quicker.

Would agree that partial day in Canada is a day in Canada, so a PR in your example would maintain RO. However, I have no experience with the citizenship aspect of your question.

 

[kwyatt75]

I did it the other way around, living in WA (as citizen) and commuting to CA as PR). Never had any real issues, through was questioned a few times by immigration on both sides. Having a NEXUS card made it much quicker.

Would agree that partial day in Canada is a day in Canada, so a PR in your example would maintain RO. However, I have no experience with the citizenship aspect of your question.

Interesting. I know partial days in Canada are considered days for RO purposes, but...since you were living in the US and commuting into Canada, what did you use to prove you were in Canada all of the 730 required days for RO, since you were not actually living in Canada?

 

[Tubsmagee]

Interesting. I know partial days in Canada are considered days for RO purposes, but...since you were living in the US and commuting into Canada, what did you use to prove you were in Canada all of the 730 required days for RO, since you were not actually living in Canada?

I am accompanying a Canadian citizen spouse, so meet RO...

 

[kwyatt75]

I am accompanying a Canadian citizen spouse, so meet RO...

Ah, yes...nice! So, are you documenting days somehow for proving days in Canada for a Citizenship application? For citizenship purposes you must have 1095 days of physical presence in Canada. Accompanying a Canadian citizen spouse only works for RO, not for the physical presence requirement of a citizenship application.

 

[Tubsmagee]

Ah, yes...nice! So, are you documenting days somehow for proving days in Canada for a Citizenship application? For citizenship purposes you must have 1095 days of physical presence in Canada. Accompanying a Canadian citizen spouse only works for RO, not for the physical presence requirement of a citizenship application.

Very nice, makes it easy... I am not worrying about physical presence due to not wanting to pursue citizenship.

 

[RajGill]

I am accompanying a Canadian citizen spouse, so meet RO...

Is true if you are accompanying Canadian spouse you full fill your RO?

 

[rish888]

Is true if you are accompanying Canadian spouse you full fill your RO?

Yes, it's true.

 

[Bs65]

Is true if you are accompanying Canadian spouse you full fill your RO?

All easily explained here

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

Note the time does not count though towards citizenship for that need to be physically in Canada.

 

[RajGill]

All easily explained here

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

Note the time does not count though towards citizenship for that need to be physically in Canada.

Really I was unaware of this, it means that if I become Canadian Citizen this year. Then, my husband who is on HI1 B Visa but Canadian PR holder would be able to renew is PR card without stay.

 

[amit.r]

I have a Canadian PR and US working visa. I live in Montreal and commute to work to the US. My work is such that I have to commute once a month or so. E.g. I became a PR in August 2017 and till now I have lived for 200+ days in Canada

Questions I have are

1. I think i will be able to spend 730+ days in Cananda during next 3 years or so with this arrangement and that would make me eligible for renewal of PR. I am filing my US as well as Canadian Taxes. Are there any complications possible with this sort of arrangement? I have a good job in the US and I would prefer to continue with it if I can

2. Within 3 years, my wife and son will most likely be eligible for citizenship. Once they become citizens, will I also get citizenship with them or I need to meet the 1065 days criteria for citizenship independently myself as well. In the event that my stay is more than 730 days but falls short of 1065 days required for citizenship, how will this impact me

3. I plan to keep US job but I am planning to buy a house in Canada now. Will this help with PR renewal or citizenship ultimately. I will keep US job for another 3/4 years at least and may look for local job after that. It is also possible that after I get my Canadian Citizenship, I will apply for TN visa for the US

 

[Bs65]

To amit.r others can comment as well but my view

1) not aware this is an issue as long as you keep track of days in/out of Canada , including the day you leave and day you return which count as days in the Canada
2)the PR residency obligation and qualifying for citizenship are an individual responsibility so your family applying has no influence on any application you want to make. You will still need to meet yourself both the Pr obligation 2 out of 5 years and also the 3 out of 5 physical presence for citizenship.
3)buying a house doesn’t really affect a PR renewal given you still need the 2 years out of 5 years. Plus keep in mind after the initial 5 years from landing this becomes a rolling 5 years with a fresh look back on each entry so early days start to drop away. Citizenship qualification is 3 years in the 5 years back from date of application.

 

[amit.r]

To amit.r others can comment as well but my view

1) not aware this is an issue as long as you keep track of days in/out of Canada , including the day you leave and day you return which count as days in the Canada
2)the PR residency obligation and qualifying for citizenship are an individual responsibility so your family applying has no influence on any application you want to make. You will still need to meet yourself both the Pr obligation 2 out of 5 years and also the 3 out of 5 physical presence for citizenship.
3)buying a house doesn’t really affect a PR renewal given you still need the 2 years out of 5 years. Plus keep in mind after the initial 5 years from landing this becomes a rolling 5 years with a fresh look back on each entry so early days start to drop away. Citizenship qualification is 3 years in the 5 years back from date of application.

Thanks for your reply .. I read on some of forums that IRCC is scrutinizing these kind of people more now and hence wanted to know what sort of scrutiny they do and what can I do to avoid / be ready for it ..