Maintaining residency

D

Dreams

Registered Users (C)
I am working for company X on H1B and it is one of the very big electronics company in US. It does have operations in Canada. So, will my time in US count towards the residency requirements.
Also, Is there a way to tax yourself out of these residency requirements? i.e. Live in US on H1 and pay taxes in Canada or start a small business in Canada and still live in US on H1?
Any experiences?
 
Residency

From what I know there are only 2 ways to maintain it if you are going to stay outside Canada for > 3 years.

1) If you are married to a Canadian Citizen
2) If you work for a Canadian company and they have transfered you.

If you company's office in Canada can give letter that you are their employee and they have transfered you to US then you are ok. Otherwise,By your company just being in Canada ..... it wont help.

However say you stay in US for 4 years after PR and now wish to surely move back to Canada. You can still take a chance and go. If Canada Immigration stops you at the port of entry and disputes your residency, you can ask for a hearing and while there is no guarantee - having bank account in Canada, filing taxes and making frequent stop trips in the 3 -4 yrs after residency will help prove your "bonds" with Canada.
Of course I am not a lawyer. This is all from what I have read and seen.
Regards
 
One more way

Yes there is one more way of maintaining residency.

Many ppl live in Canada and work in the US. So you could live in Windsor, ON and work in Detrioit, Live in Niagra Falls, ON work in Buffalo, Live in Vancouver - work in Seattle etc
So if you go back "home" to Canada every day (maybe you can stretch that to every weekend ???) you should be ok.
 
Thanks for your message. My questions is: Just getting the letter from the Canadian counterpart of my US company won't be enough I guess. I think that the Canadian company must pay your social security/Medical taxes to Canadian govt. (That is what the canadian govt. really wants anyways!) and also, after getting the letter I will have to pay Canadian income tax as well. Please enlighten me.
Thanks,
Dreams
 
I am not so sure

I am not sure. I think a letter should suffice - plus you may need to file taxes in Canda (where you will only pay the residual difference between Canadian and US tax rates) but with something of this complexity and importance you would be best off consulting an experienced Canadian Immigration attorney.
 
Canada Confusion???

Hi People:

I am in the process of getting my candian papers and have a couple of question?

1. How long do I have after getting my papers that I have to land?
2. After landing can I immediately come back to US? or do I have to stay to maintain my papers?
3. What is the best way to maintain my papers as I am working in the US?
4. Can I be visiting canada (weekly holidays) and will that count towords my residency?

Bottom line is I want to work in US and see how I can maintain my papers. Look fwd to responsces.

Thanks
 
lalakoski

Welcome to the club of fence sitters. 99% of the ppl on this forum have applied for Canadian immigration because for them the US green card seems like a mirage after years and years of endless waiting.
I personally feel it would be very foolish if a person who has got Canadian PR decides to give it up after 3 years of landing without still having 100% confirmation of green card but each individual has to make their own decisions.
Anyway let me try to answer your questions

1) The expiry date of the Candian PR visa is in most cases exactly 1 yr from the date you take your medicals.
2) You can land in Canada and come back to the US as long as US takes you back in. No problem with the Canadians. They may ask you questions but legally you are on solid ground.
3) You have to be in Canada for 2 out of every 5 years to maintain residency. So technically you can be outside Canada for the first 3 years after landing as long as the next 2 years you make 100% sure you spend every day in Canada without even vacations abroad.
4) So for 3 years you are fine. Dreams question above was what happens if you stay outside Canada beyond 3 years. Well the simple answer is you lose your residencyunless you meet the 2 exemptions listed in the tracker above.
5) By making trips to Canada whatever few days you spend there you can count against 3 years. so lets say you spend a month each year in Canada so then you can delay your return by 3 yrs and 3 months without loosing your residency. It may also help in strengthening your case by proving ties to Canada if the Canadian authorities believe you have abandoned your PR and you want to go through the appeals process.
Thanks and best of luck.
 
How to maintain both residency

I guess everyone is talking how to maintain Canadian residency while in the USA. However, I would like to know the other way round. How to maintain USA GC while staying in Canada. Any help will be appreciated. I am getting a job in Canada and am getting both immigration the same time. I was frustrated by the USA GC as I filed my 485 in 2000 and had no other way. I started processing my Canadian PR in Dec., 2003 and had medical done. I also, meanwhile, secured a job in Canada and am not sure what to do once I get both... Any thought and insite info will be appreciated
 
Johar,

Lot of people, I guess, share with your feelings. I am one too. I got both USGC & PR this month. Like you are, I am also frustated here, I would like to have a fresh air by going there. When I landed there and also in previous trips to Canada I observed that Canada represents a true unity in diversity. But I still needed to find a job there. But sure I will try. In that way you are half way through.

Coming to ur question - I think its difficult to maintain USGC than Canadian PR. But you have option of taking 2 yrs return permit. But you need to be careful if its for establishing residency in other country. This is what I have in mind. Let me know you have any other options.












Johar Ali said:
I guess everyone is talking how to maintain Canadian residency while in the USA. However, I would like to know the other way round. How to maintain USA GC while staying in Canada. Any help will be appreciated. I am getting a job in Canada and am getting both immigration the same time. I was frustrated by the USA GC as I filed my 485 in 2000 and had no other way. I started processing my Canadian PR in Dec., 2003 and had medical done. I also, meanwhile, secured a job in Canada and am not sure what to do once I get both... Any thought and insite info will be appreciated
Click to expand...
 
Thanks

Thanks gcinfo1971
What do you mean by taking 2 years return permit. Please keep me posted. I will keep you posted as well.
 
You can apply for return resident permit for max 2 yrs so that you can be physically absent from US without effecting your GC.
 
gcinfo1971 said:
You can apply for return resident permit for max 2 yrs so that you can be physically absent from US without effecting your GC.
Click to expand...
Thanks gcinfo1971
As you suggested, I would like to do the same. Lets keep in touch and inform each other of the next step. Is there anyway that we can avoid the 2 years return permit by coming back as often as we can like maybe on a monthly basis?
 
texancanadian said:
Welcome to the club of fence sitters. 99% of the ppl on this forum have applied for Canadian immigration because for them the US green card seems like a mirage after years and years of endless waiting.
I personally feel it would be very foolish if a person who has got Canadian PR decides to give it up after 3 years of landing without still having 100% confirmation of green card but each individual has to make their own decisions.
Anyway let me try to answer your questions

1) The expiry date of the Candian PR visa is in most cases exactly 1 yr from the date you take your medicals.
2) You can land in Canada and come back to the US as long as US takes you back in. No problem with the Canadians. They may ask you questions but legally you are on solid ground.
3) You have to be in Canada for 2 out of every 5 years to maintain residency. So technically you can be outside Canada for the first 3 years after landing as long as the next 2 years you make 100% sure you spend every day in Canada without even vacations abroad.
4) So for 3 years you are fine. Dreams question above was what happens if you stay outside Canada beyond 3 years. Well the simple answer is you lose your residencyunless you meet the 2 exemptions listed in the tracker above.
5) By making trips to Canada whatever few days you spend there you can count against 3 years. so lets say you spend a month each year in Canada so then you can delay your return by 3 yrs and 3 months without loosing your residency. It may also help in strengthening your case by proving ties to Canada if the Canadian authorities believe you have abandoned your PR and you want to go through the appeals process.
Thanks and best of luck.
Click to expand...

When does the five-year-period start? The day you land? or the day your PR visa ends- one year from the medicals? Thanks for your response.
 
Starts the day you leave Canada after initial landing

Starts the day you leave Canada after initial landing. Say you land on Jan1st, and live in Canada for 2 weeks leaving on Jan 14th. It will start on Jan 15th
 
I guess I will post a few more questions, can someone please help?
Maintaining residency seems to be a hot topic. Can someone drive back and forth over the weekend and maintian a weekend job over on the US side and a residence to avoid the two years return permit. If not, can someone get a two years return permit and can still go back and forth frequently without having to affect the return permit or one with two years return permit should stay out? what is the best reason one can use to acquire a two years retun permit?
THANKS GUYS, you are a great team.
 
Maintaining PR

Hello Everybody,
I have landed in Canada a couple weeks ago and returned back to US. I've got my PR card already. While entering in US, the US-Immigration officer didn't record anything except physically verifying Visa, I-94 and some verbal questions. So there is no record that I have left Canada. I may enter Canada with my PR card and tell Immigratiion officer that I left Canada just last night. Now my question is What are the requirements of citizenship in Canada? I have a Bank account, Ontario's Driver licence etc. but I plan not to stay in Canada for next 3 years so how can canadian government prove that I am not eligible for the citizenship?
 
for gunarp

What you are about to do if you apply for Citizenship while spending time in the US is pure and simple fraud. I will not lecture you on the merits and demerits of fraud, but just be aware that if you are investigated and caught they could strip you of your PR also and you may face a sentence. By the way how will you answer these questions if asked
1) How did you survive while in Canada. Did you never have a job for 3 yrs. If you did where are the pay slips and or tax filings.
2) Did you never pay rent for 3 yrs. - rent receipts ?
Just be aware of the pro and cons. You will always be living in fear for the rest of your life.
 
and to add to this "Lying on the Immigration / citizenship application is a criminal offence and you could be punished by prison" etc.
 
Please throw some light on this issue:

Can someone drive back and forth over the weekend and maintian a weekend job over on the US side and a residence to avoid the two years return permit. If not, can someone get a two years return permit and can still go back and forth frequently without having to affect the return permit or one with two years return permit should stay out? what is the best reason one can use to acquire a two years retun permit?
THANKS GUYS, you are a great team.
 
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