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Work in USA; travel back to Canada at weekends; residence time calculation

ImmiToCanada

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Mar 2, 2014
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Hi everyone,

I really appreciate your help on a question about the calculation of residence time in Canada as PR for citizenship qualifications.

If one travels back from Seattle to BC Canada on Friday evening at 11 pm and stay there till Monday morning 4 am, how many residence days will be granted? 2 (Saturday and Sunday only) or 4 (including Friday and Monday as well)?

Thanks very very much for your attention and time:)
 

ajithpl

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Aug 5, 2010
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It is 4 days in the week. However, if the border uses a software which tracks all times in EST, then the Friday night becomes Saturday morning (in EST). I'm not 100% sure, but is a possibility and hence either you can order a CBSA report or keep sufficient buffer.
 

.Steve

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Sep 9, 2016
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As per the new rule, both the days , the day you leave Canada and the day you return are included.
So in your case Friday thru Monday will make it 4 days.

Try using the residency calculator on CIC website and see for yourself.

Thanks,
.Steve
 
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Natan

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May 22, 2015
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ImmiToCanada said:
Hi everyone,

I really appreciate your help on a question about the calculation of residence time in Canada as PR for citizenship qualifications.

If one travels back from Seattle to BC Canada on Friday evening at 11 pm and stay there till Monday morning 4 am, how many residence days will be granted? 2 (Saturday and Sunday only) or 4 (including Friday and Monday as well)?

Thanks very very much for your attention and time:)
My advice is to count days absent from Canada. If you leave Canada on Monday mornings, and return on Fridays before midnight, you have accrued an absence of four days.

Time is Pacific Time if you're using the Washington state crossings, regardless of what time zone the reports use.

Keep meticulous records of your travels (even day trips).
 

Bs65

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Mar 22, 2016
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links18 said:
You'd get credit for 3 days. You can count the day you leave or the day you come back, but not both. And its not "residence" anymore--its strict physical presence.
are you sure about this see FAQ q4 https://eservices.cic.gc.ca/rescalc/redir.do?redir=faq#Q3

And has been discussed many times before , one other example http://www.canadavisa.com/canada-immigration-discussion-board/physical-presence-how-to-calculate-t447989.0.html
 

links18

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Feb 1, 2006
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Bs65 said:
are you sure about this see FAQ q4 https://eservices.cic.gc.ca/rescalc/redir.do?redir=faq#Q3

And has been discussed many times before , one other example http://www.canadavisa.com/canada-immigration-discussion-board/physical-presence-how-to-calculate-t447989.0.html
That appears to be the old rule. But it is still not clear to me--any part of a day spent in Canada counts as a day of physical presence now? It is like the rule for maintaining permanent residence status? If so, that is a real game changer.....
 

screech339

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links18 said:
That appears to be the old rule. But it is still not clear to me--any part of a day spent in Canada counts as a day of physical presence now? It is like the rule for maintaining permanent residence status? If so, that is a real game changer.....
Yes. The new physical presence calculator follows PR rules. Any part of time spent in Canada, whether it's 1 minute or 23 hours, counts as 1 day towards citizenship.
 

links18

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screech339 said:
Yes. The new physical presence calculator follows PR rules. Any part of time spent in Canada, whether it's 1 minute or 23 hours, counts as 1 day towards citizenship.
So you do even need to be resident in Canada anymore to qualify for citizenship? You could get PR status, live in a US border town and cross over for 15 mins after work each day for a crueller at Tims and you are good?
 

Rigly68

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links18 said:
So you do even need to be resident in Canada anymore to qualify for citizenship? You could get PR status, live in a US border town and cross over for 15 mins after work each day for a crueller at Tims and you are good?
No you wouldn't be good. Once applying for citizenship you will have to list all your employers, addresse(s) and CIC will/can pull your tax assessments. it would be obvious then that you do not reside in Canada but merely visit.
 

links18

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Rigly68 said:
No you wouldn't be good. Once applying for citizenship you will have to list all your employers, addresse(s) and CIC will/can pull your tax assessments. it would be obvious then that you do not reside in Canada but merely visit.
But there is no residence requirement anymore (other than the intent to reside clause that will probably go soon). There is only a physical presence requirement that can be met by spending a fraction of a day in Canada. What am I missing?
 

screech339

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links18 said:
But there is no residence requirement anymore (other than the intent to reside clause that will probably go soon). There is only a physical presence requirement that can be met by spending a fraction of a day in Canada. What am I missing?
There is a residence requirement. Your income tax will show that your employer / base of work is located in US. Thus this will not fly in CIC's eye that you are "residing" in Canada. So you can't just live in US and cross the border to pick up Tim Horton's coffee every day and come back into US and expect CIC to accept this reasoning of "being a resident of Canada". Besides, Canada and US now share exit/entrance records and CIC will see that you have spent the majority of your time in US, thus don't qualify to be a "legal resident" of Canada.
 

links18

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screech339 said:
There is a residence requirement. Your income tax will show that your employer / base of work is located in US. Thus this will not fly in CIC's eye that you are "residing" in Canada. So you can't just live in US and cross the border to pick up Tim Horton's coffee every day and come back into US and expect CIC to accept this reasoning of "being a resident of Canada". Besides, Canada and US now share exit/entrance records and CIC will see that you have spent the majority of your time in US, thus don't qualify to be a "legal resident" of Canada.
I don't know Screech. I looked at the Citizenship Act and other than the soon to be defunct intent to reside clause, I cant find that there is an actual residence requirement anymore to qualify for citizenship. There is no bar to working in the United States and qualifying for Canadian citizenship. A Canadian immigration lawyer from Windsor once told me he estimated at least 40 percent of immigrants in the area worked in the US. The income tax requirement only says that you must meet income tax filing obligations--it doesn't actually require you to file and there is no requirement to have Canadian source income. If it is true that any part of a day in Canada counts as a day of physical presence, there doesn't seem to be any bar for this scenario playing out. I know there was once a theory that no day counts until one is settled in Canada, but that seems far from certain.
 
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harirajmohan

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screech339 said:
There is a residence requirement. Your income tax will show that your employer / base of work is located in US. Thus this will not fly in CIC's eye that you are "residing" in Canada. So you can't just live in US and cross the border to pick up Tim Horton's coffee every day and come back into US and expect CIC to accept this reasoning of "being a resident of Canada". Besides, Canada and US now share exit/entrance records and CIC will see that you have spent the majority of your time in US, thus don't qualify to be a "legal resident" of Canada.
Yes there is residence requirement but no requirement to take the job within Canada.
I dont see it matters. Citizenship just requires physical presence in Canada on the number of days (and tax should have been filed + other misc conditions to be met). If we dont file taxes under resident then i think that it will create problem but i dont see issue in working somewhere else.
if that is the case they will clearly specify that employ and reside within Canada - we are yet to see this kind of restricted PR.
 

Natan

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May 22, 2015
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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.)

File your taxes, if you are required to do so. (If you earn income in the USA, you are likely required to file taxes in BOTH countries, though you probably won't have to pay Canadian income taxes.)

It is not true that if you are in Canada any part of a day, it counts toward citizenship. If you leave and return to Canada on the same day (all before midnight), that is a day trip, and it does not count as an absence. But if you are not in Canada at midnight, that is a day's absence. For example, if you leave at 11:59 PM on Monday and return at 12:01 AM on Tuesday -- a trip of only two minutes, you have accrued one day's absence because you were not in Canada at midnight.

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. (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. Use an RFID card to enter the USA (US Passport Card or NEXUS), so you can flash the card at the machine before driving to the booth -- this will establish a record of every trip into the USA (sometimes border guards don't swipe your passport on their machine, with an RFID card, you can take responsibility for that -- you want both the CBP and CBSA border entry reports to be as accurate as possible). (Get a copy of both of these reports BEFORE submitting your citizenship application.)

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 (if you are 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.)