Moving from USA(H1B) to Canada(PR)

[softie]

Some caveats:
* You need to stay a full day in Canada to be counted as a day for citizenship purposes. However, you can stay a partial day for maintaining PR. Also understand that if you have to prove residence for PR/citizenship you need to keep meticulous documentation for all your trips.
* You definitely need to hold a Canadian residence, drivers license and plates.


Not sure about whether you need to maintain a US address.

I looked up Citizenship physical presence calculator(1. eservices.cic.gc.ca/rescalc/redir.do?redir=faq#Q3 2. cic.gc.ca/english/pdf/kits/citizen/CIT0407E-2.pdf), and based on the info provided, partial days should be countable too:

When calculating an absence, neither the day you leave Canada nor the day you return is considered an absence. Both are counted as days of physical presence. For example, an absence between July 1, 2013 and July 15, 2013 equals 13 days of absence. As another example, if you leave Canada on July 1, 2013 and return on July 2, 2013, this equals 0 days of absence. You must still declare this as an absence.

Yes, I plan on maintaining Canadian license and plates as it would be my primary residence. My concern with maintaining US address is for providing it to my employer as I am not sure if a Canadian address would work for that.

 

[DEEPCUR]

I looked up Citizenship physical presence calculator(1. eservices.cic.gc.ca/rescalc/redir.do?redir=faq#Q3 2. cic.gc.ca/english/pdf/kits/citizen/CIT0407E-2.pdf), and based on the info provided, partial days should be countable too:
Yes, I plan on maintaining Canadian license and plates as it would be my primary residence. My concern with maintaining US address is for providing it to my employer as I am not sure if a Canadian address would work for that.

It might be fine as per books and such things might have worked fine few years back. I have read an instance in a forum where someone did the same from Detroit by residing in Windsor, Canada, and even managed to get citizenship. But the person's posts were around 2003.

But the Canadian govt. is lot stricter these days and check your genuine intent to reside in Canada after gaining citizenship. Because many people easily get the citizenship and move to their home countries. I believe plenty of people did that in the past from hong kong/china, and this is the main reason they introduced intent to reside clause.

If they suspect that you would move back to US after citizenship seeing your crazy travel history to US, they might issue something called RQ and if you receive that you pretty much need to submit each and every piece of paper related your residence history, like old bank documents, leases etc for the entire period of stay. From what I have read, it is not a simple paperwork to put through. It adds around 2 years to your citizenship processing times. If they want, they could ask you to give up your visas too.

So by the time all this is going on, you are looking at 6-7 years before you get your citizenship. It might be hard to uproot everything and move back again to US.

 

[softie]

It might be fine as per books and such things might have worked fine few years back. I have read an instance in a forum where someone did the same from Detroit by residing in Windsor, Canada, and even managed to get citizenship. But the person's posts were around 2003.

But the Canadian govt. is lot stricter these days and check your genuine intent to reside in Canada after gaining citizenship. Because many people easily get the citizenship and move to their home countries. I believe plenty of people did that in the past from hong kong/china, and this is the main reason they introduced intent to reside clause.

If they suspect that you would move back to US after citizenship seeing your crazy travel history to US, they might issue something called RQ and if you receive that you pretty much need to submit each and every piece of paper related your residence history, like old bank documents, leases etc for the entire period of stay. From what I have read, it is not a simple paperwork to put through. It adds around 2 years to your citizenship processing times. If they want, they could ask you to give up your visas too.

So by the time all this is going on, you are looking at 6-7 years before you get your citizenship. It might be hard to uproot everything and move back again to US.

I do plan on living in Canada , though I would like to start by living near border before transitioning job in Canada. Don't want to move altogether without a decent job.

 

[Thinkin]

Very glad to see this thread on moving to Canada on H1B. I need some guidance. My wife and I became landed immigrants in Canada in April 2014, so have until April 2017 to move to Canada and settle as permanent residents. Both, my wife and I are Indian citizens on H1-B visa in the USA. Both of our I-140 has been approved and the priority date of mine is in mid-2010 (2 years earlier than my wife's).

I am in the IT industry and don't need any special licensing to work in Canada, but my wife would need to do additional licensing as she is a civil engineer. We are kind of torn on whether to abandon the green card process or the Canadian PR? We have a 2 year old child who is a US Citizen, and sometimes feel Canada has a better education system compared to US -->Any thoughts on this?

For me I do see job opportunities in Canada. My wife has yet to start looking. We plan to consider moving to Canada only after one of us gets a job in Canada (not sure how practical this approach is). Suppose one of us manages to get a job in Canada, any thoughts on whether we should consider moving or wait in the US keeping in mind the new President coming in. --> Any thoughts on this keeping the mention priority date in mind?

 

[MK776]

I m in the same boat as you. I got my PR in march/2014.
Time has come to decide. I have been trying to hunt for job from here since last year but not lucky yet. I m in a dielemma what to do ? Not coming to a decision yet. Could we connect, you can gmail me aasif.khaja .. may be we can put in our brains to work together and make some decision.

 

[francaispourquebec]

Very glad to see this thread on moving to Canada on H1B. I need some guidance. My wife and I became landed immigrants in Canada in April 2014, so have until April 2017 to move to Canada and settle as permanent residents. Both, my wife and I are Indian citizens on H1-B visa in the USA. Both of our I-140 has been approved and the priority date of mine is in mid-2010 (2 years earlier than my wife's).

I am in the IT industry and don't need any special licensing to work in Canada, but my wife would need to do additional licensing as she is a civil engineer. We are kind of torn on whether to abandon the green card process or the Canadian PR? We have a 2 year old child who is a US Citizen, and sometimes feel Canada has a better education system compared to US -->Any thoughts on this?

For me I do see job opportunities in Canada. My wife has yet to start looking. We plan to consider moving to Canada only after one of us gets a job in Canada (not sure how practical this approach is). Suppose one of us manages to get a job in Canada, any thoughts on whether we should consider moving or wait in the US keeping in mind the new President coming in. --> Any thoughts on this keeping the mention priority date in mind?

My two cents: you have another 4 months to go, so both of you should seriously try to look for a job there. If neither gets it by April, there's no point in moving there and looking for a job, considering the life you will leave behind in the US. If one of you gets a decent job there, moving may make more sense. But, research options wherein you can still keep your US PR active and running....2010 priority date may still become current in the next couple of years if you have filed under EB2. I don't think there will be any policy changes for H1B's who are already here in the US. So that's irrelevant. By the way, I'm in a similar situation as you, although I have a little more time to decide.

 

[mshaikh]

I am in the same boat. I became PR (landed) in 2014 so time to decide now.
My GC PD in US is very early 2013.

I think the person with PD in 2010 should wait (2010 should become current in next couple of years or early I hope).
For people with PD in 2012 or later, it's a tough decision, IMO.

I made a mistake and did not apply my PR card so I can't just pack and move whenever I want. Since, now they don't give SIN or anything without PR card. I just applied for the card and waiting. After my card arrives (hopefully by the time it arrives - I still have time to finish residency requirement), I will decide quickly - so if I decide to move to Canada, I have enough time to meet residency requirement.

I m in the same boat as you. I got my PR in march/2014.
Time has come to decide. I have been trying to hunt for job from here since last year but not lucky yet. I m in a dielemma what to do ? Not coming to a decision yet. Could we connect, you can gmail me aasif.khaja .. may be we can put in our brains to work together and make some decision.

 

[MK776]

My PD is March 2011(EB2) and I am nearing my Canadian PR deadline of residency requirement, I have to move by end of Feb 2017. I have 2 kids born in US and 3rd one due later this year. I am so in dilemma now. I sometimes come to a decision on packing up and moving to Canada, and sometimes i say let me stay here and face the uncertainty with the H1B extensions , US-GC here. If i decide to stay here and see the US GC dream shattered, by that time the door to Canada would be shut.
Can people who are/were in a similar situation like mine and have moved to Canada or stayed back throw some advice. I know ultimately it would be me who has to make a decision, but getting some opinions would be helpful in this process.

 

[andy6835]

Hi Aasif,

I think you still have a time to move. 2017 is not deadline for expring your PR status if it was granted in 2014.
PR status is valid for 5 years once it is granted. ( i.e. you are allowed to enter/exit anytime during this period as PR)
Upon next renewel(i.e. after 5 year) , you need that continuous 2 years of stay.( This is the trick, many guys have used.)

So e.g. you enter here after 4 years & dont leave before completing 2 years of residency, you are eligible for PR renewal without much hassle.( key is after 5th year , you wont be able to move out and come back again as your PR card would be expired).

So take your time, browse over what I said to different sources for confirmation & then decide.

 

[deadbird]

Hi Aasif,

I think you still have a time to move. 2017 is not deadline for expring your PR status if it was granted in 2014.
PR status is valid for 5 years once it is granted. ( i.e. you are allowed to enter/exit anytime during this period as PR)
Upon next renewel(i.e. after 5 year) , you need that continuous 2 years of stay.( This is the trick, many guys have used.)

So e.g. you enter here after 4 years & dont leave before completing 2 years of residency, you are eligible for PR renewal without much hassle.( key is after 5th year , you wont be able to move out and come back again as your PR card would be expired).

So take your time, browse over what I said to different sources for confirmation & then decide.

This is completely wrong!

CBSA has complete authority to prevent you from entering Canada if it feels that there's no way you can satisfy the 2 out of 5 years requirement. Some people do manage to sneak through but you would be taking a great risk.

Moreover during the time of your PR renewal (5 years from landing), it appears that if you barely satisfy 730 days of residence there is a very good chance of your application going into secondary review. Secondary review is a completely opaque process with no guarantees of processing time limits. For some it takes up to 2 years. During this time you will not have your PR card and if for some reason you leave Canada you won't be able to re-enter or apply for a PRTD. See for the many folks affected by the insanity of Secondary review - http://www.canadavisa.com/canada-immigration-discussion-board/secondary-review-petition-t399342.0.html.

To be on the safe side, you should try to have atleast 900 days of residence in any 5 year window.

 

[deadbird]

This is completely wrong!

CBSA has complete authority to prevent you from entering Canada if it feels that there's no way you can satisfy the 2 out of 5 years requirement. Some people do manage to sneak through but you would be taking a great risk.

Moreover during the time of your PR renewal (5 years from landing), it appears that if you barely satisfy 730 days of residence there is a very good chance of your application going into secondary review. Secondary review is a completely opaque process with no guarantees of processing time limits. For some it takes up to 2 years. During this time you will not have your PR card and if for some reason you leave Canada you won't be able to re-enter or apply for a PRTD. See for the many folks affected by the insanity of Secondary review - http://www.canadavisa.com/canada-immigration-discussion-board/secondary-review-petition-t399342.0.html.

To be on the safe side, you should try to have atleast 900 days of residence in any 5 year window.

Also see this - http://www.cicnews.com/2017/01/number-canadian-immigrants-issued-removal-orders-more-than-doubled-between-2008-2014-018817.html

 

[andy6835]

This is completely wrong!

CBSA has complete authority to prevent you from entering Canada if it feels that there's no way you can satisfy the 2 out of 5 years requirement. Some people do manage to sneak through but you would be taking a great risk.

Moreover during the time of your PR renewal (5 years from landing), it appears that if you barely satisfy 730 days of residence there is a very good chance of your application going into secondary review. Secondary review is a completely opaque process with no guarantees of processing time limits. For some it takes up to 2 years. During this time you will not have your PR card and if for some reason you leave Canada you won't be able to re-enter or apply for a PRTD. See for the many folks affected by the insanity of Secondary review - http://www.canadavisa.com/canada-immigration-discussion-board/secondary-review-petition-t399342.0.html.

To be on the safe side, you should try to have atleast 900 days of residence in any 5 year window.

Well I dont think I said anything COMPLETELY WRONG ;D.

I have tried to put forward a window which can be used (not advising for all) by those who are thinking that they are losing status at the end of 3 year.

Even that yesterday's news you shared clearly states that "Canada’s immigration laws give permanent residents the right to enter Canada once it is established that a person is a permanent resident, regardless of non-compliance with the residency obligation. However, the permanent resident in question may be issued a report, which can lead to a removal order. Permanent residents who are under enforcement proceedings (such as a removal order) keep their permanent resident status and retain the right to enter Canada until a final determination of their loss of status has been made. "( as per another forum thread you shared, this review processing time varies upto 2 years and by the time you might have accured your residency obligations)

Even during proceedings if you are able to show genuine reasons of not moving earlier, you case is granted .For that you have to be smart enough to fight though.

Again I am not advising or this is not sure shot option BUT for those who has multiple options(GC/PR) & want to buy some time, there is option available with its own risk. That's all I wanted to convey.
Knowingly just for extra money, one shouldnt postpone the moving for this risk.Since earlier you move here, better the chances of your settlement. Lots of opportunities you can only find if you are local.

Thanks for additional info though. ! Its helpful.

 

[zentury]

I'm glad I made the move before October 2016
(You know why?)

Been on H1 slavery for 11 years and 11 months .
with all the distress and let-down; that our GCs will not arrive FOREVER.

I'm very glad that I moved and I NEVER REGERT about it.

Now in Toronto with a better quality of life, better education for kid.
Next up. Travel to home to meet my parents. (with no hassle of visa renewals nor do I have to prove that I'm a valid 'Alien' at the point-of entry).

Like someone said. In a heart-beat, get a job and make the move.

Good-luck.

 

[zentury]

My PD is March 2011(EB2) and I am nearing my Canadian PR deadline of residency requirement, I have to move by end of Feb 2017. I have 2 kids born in US and 3rd one due later this year. I am so in dilemma now. I sometimes come to a decision on packing up and moving to Canada, and sometimes i say let me stay here and face the uncertainty with the H1B extensions , US-GC here. If i decide to stay here and see the US GC dream shattered, by that time the door to Canada would be shut.
Can people who are/were in a similar situation like mine and have moved to Canada or stayed back throw some advice. I know ultimately it would be me who has to make a decision, but getting some opinions would be helpful in this process.

I agree that finding a job out here is difficult. But not impossible. I did a non-stop search and multiple interviews for 3 months and found the best one that suits my profile.
I had a total of 3 offers out of 15 interviews. (and yes I did a lot of face-2-face every week),
If I were you, I will make the move for the sake of the kids.

 

[deadbird]

I'm glad I made the move before October 2016
(You know why?)

Been on H1 slavery for 11 years and 11 months .
with all the distress and let-down; that our GCs will not arrive FOREVER.

I'm very glad that I moved and I NEVER REGERT about it.

Now in Toronto with a better quality of life, better education for kid.
Next up. Travel to home to meet my parents. (with no hassle of visa renewals nor do I have to prove that I'm a valid 'Alien' at the point-of entry).

Like someone said. In a heart-beat, get a job and make the move.

Good-luck.

Glad you are enjoying your life in Canada! and I completely agree with the sentiment of escaping H1b slavery. I am sick of hearing the term 'Alien'. WTF is an alien? Do I have tentacles coming out of my head? However, when it comes to taxation the IRS is all ready to collect FICA.