Retiring at end of TN Visa - when can I return to US as CDN winter snowbird

J

jvdt

New Member
My TN visa expires in August. We own a house in the US and would like to keep it and return as a snowbird for 6 months and be in Canada 6 months. I am Canadian.
1. Do I have to go back to Canada the day my visa expires or do I have a few days to move home
2. when can we return to the US to vacation for the winter months.
 
For #1, I understand you have 60 days after TN expiry or I-94 expiry, which ever is sooner.
Typically your I-94 expires the same day as your TN expires, so you must return by this date.

For #2, that one is more difficult to answer. I understand when you return to US after TN for several years you need to show that you intend to be a tourist (not work) in US and return to Canada within 6 months (to obtain B2 status). To show ties to Canada, to show that you will return to Canada, you should have:
property ownership in Canada (or rental lease)
have a Canadian provincial drivers license
have Canadian provincial health insurance card
have your vehicle registered in a Canadian province, with Canadian Car insurance
have Canadian bank accounts, credit cards, life insurance, etc
file taxes in Canada (show evidence of filing taxes in Canada)
memberships in Canadian organizations would help
I suspect that would take at least 3 months to obtain. (at least Canadian health insurance has a 3 month waiting period)
The longer you stay in Canada the better.

But since you have property in US, I suspect you want to return by Nov/Dec, when the weather in Canada starts getting cold ;-)
Let's see what others have to say. Maybe check with some Canadian snowbird organizations ....
 
oh, one more thing. I believe your age will also be a factor. if you are in your late 60's, the CBP officer will likely believe you are retired. If you are in your 50's it will be less likely to believe you are retired. They will want to ensure you don't perform unauthorized work in the US. Maybe bring statements of your retirement savings, to prove that you don't need to work, you can live off your retirement savings. But only show them if you are challenged. It will ultimately be up to the CBP officer to let you in and give you B2 status. Lets see what others have to say...
 
You can return to US after being in TN as soon as you clearly establish residential ties in a foreign country. Like any snowbird, you must be able to provide proof that you live outside US (DL, lease, utilities), that you have the means to sustain your self for the duration of your intended stay, and that you will have and maintain a place to reside outside US for the entire stay.

Regular travelers carry a small folder with these proofs each season they go down.

That should take about 6-8 weeks in Canada to gather these proofs, and you are then set.
 
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jvdt said:
My TN visa expires in August. We own a house in the US and would like to keep it and return as a snowbird for 6 months and be in Canada 6 months. I am Canadian.
1. Do I have to go back to Canada the day my visa expires or do I have a few days to move home
Click to expand...
Canadians don't get TN visas. You went directly to the US without a visa and was admitted into TN status. What is expiring? Your I-94? You must leave the US on or before the day your I-94 expires. You cannot stay in the US after your I-94 expires, unless you have a pending extension or change of status. On the other hand, if you leave your job before your I-94 expires, then you remain in status until 60 days after you left your job, or when your I-94 expires, whichever is sooner.
 
I guess in summary I have to go back on the last day of work on my I-94 but then can come back any time in my case... I am in my 60's, I kept my house in Canada so have been paying taxes utilities etc all the time I am in the US (our son stays in the house for us rent free, saving to buy his own house when we come back) I still have my Ontario Drivers License and OHIP and one of our vehicles still has Ontario Plates. I go back for doctor apts etc all the time and since I still have my house up there it is all good. I am a cancer survivor so all the trips are to the cancer clinic since the health care provider down here would not go near my history. Does all the mtce stuff just not cancer stuff. Thanks for the input.
 
You will be fine, except you will need to prove that the house you own is the one you live in. Technically, if you were living in US, you should not have a ON DL with an Ontario address, and most would not.

But, as I said, you have all these, so you will have no problem.

And I'm a assuming since you have a TN, you know what the difference is between a "visa" and "status". Let's save the trite visa vs. status comments for those becoming TNers.
 
the key item is you own a home in Canada as well as your home in US.
Over ten years ago I had a friend who was in her 50's, retired and wanted to visit a friend in the US for several months. She naively thought that Canadians can be visit the US for up to six months, no worries. She arrived a the border with a car full of clothes/stuff and she was refused entry. She had no job in Canada, sold her home in Canada, no lease or rental agreement to show. (She had DL, OHIP, car registration, insurance, etc) She could not show enough ties to Canada. Now I understand the CBP are more strict.
On TN status you can make frequent trips between US and Canada. On B2 status, it is more complicated.
I recommend joining a Canadian Snowbird Association to get more detailed information on the rules.
The good news is there are tens of thousands of Canadian Snowbirds willing to share their experiences with CBP and the tax man.
 
I think this was already covered: "provide proof that you live outside US (DL, lease..." Your friend could not do this, and in fact did NOT have a foreign residence maintained at all times, and was correctly turned away.

Things have not really changed at all.

The one complication related to your TN would be that the border would like to see "fresh" documentation, showing that you have proactively "returned" to Canada, not simply business as usual border hopping which was perfectly legal under TN.


But as amber points to, why not ask the experts
Here is their website:
http://www.snowbirds.org/
 
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