OHIP and health care

[Jersey Girl 2]

leolexi, there's a big difference between an international traveller who comes to the U.S. on a temporary, non-immigrant work visa and a Canadian who marries a Yank and comes on a permanent immigrant visa.

If her company is moving to the States, she might resign at the Canadian office and be rehired at the American one. She could still take short business trips to Canada, but her residence and paystubs would be U.S. OHIP, of course, is out of the question, based on residency.

The only way to play both sides is to become a dual citizen. But even then, you can only live in one country at a time. Once she leaves Canada, she'll have to cut financial ties or continue to be subject to Canadian income tax.

Why become a legal permanent resident of the States if you don't intend to live here?

[Reba 2]

the thing is that if she's "living" in both countries somehow, and if she does not have proper status in the US and she works as well in the US (even if it is for a Canadian company, and she's paid in Canadian $$) without a proper work visa, then its not legal.

Heck, even working for a US company subsidiary in Canada and then going on a business meeting trip to the US is not legal! I know, BTDT and got denied entry because of it. Sure, you can go back and forth a few times for a while, but sooner or later it'll catch up with you and she'll be denied entry and if she does have status in the US, she could lose it.

The difference between a business traveller and someone who is attempting to live in 2 different countries, who is not a citizen of both countries, is apples and oranges.

She either lives permanently in the US, and gets a job in the US, or she lives permanently in Canada, with her job in Canada. She can't do both. NAFTA has nothing to do with it.

[leolexi 0]

The difference between a business traveller and someone who is attempting to live in 2 different countries, who is not a citizen of both countries, is apples and oranges.

She either lives permanently in the US, and gets a job in the US, or she lives permanently in Canada, with her job in Canada. She can't do both. NAFTA has nothing to do with it.

she will soon (hopefully!) be a us immigrant, working under her own US consulting company.

a canadian company has hired her services. how is this wrong? she is now a US immigrant travelling for her US run company. from what you are saying, no immigrant is allowed to perform international business?

nafta was an example. apples and oranges have nothing to do with it either.

[zyggy 9]

The difference between a business traveller and someone who is attempting to live in 2 different countries, who is not a citizen of both countries, is apples and oranges.

She either lives permanently in the US, and gets a job in the US, or she lives permanently in Canada, with her job in Canada. She can't do both. NAFTA has nothing to do with it.

she will soon (hopefully!) be a us immigrant, working under her own US consulting company.

a canadian company has hired her services. how is this wrong? she is now a US immigrant travelling for her US run company. from what you are saying, no immigrant is allowed to perform international business?

nafta was an example. apples and oranges have nothing to do with it either.

I don't think the problem is having a consulting company or even doing business in Canada. I think the concern that people have is that if one is spending more time in Canada on business than in the US, still has a residence there and still is paying taxes there, how can one make the claim that one is a permanent resident of the US.

I believe that there are ways that you can still do what you want to accomplish, but what based on the information that you stated, in my opinion she would still have stronger ties to Canada than the US and that's where you are on shaky ground and could run into trouble. In order to be a permanent resident, you should at least spend more time in the US that you do in Canada... 3 to 4 days a week is right on the edge of that...

This is an instance where minute details of your arrangements could either ruin you or help you. This is a case where you really should have a good long talk with both an experienced immigration attorney and a cross-border tax specialist (CPA or attorney) before you do something that you could very well come to regret both in terms of immigration and taxation...

Edited June 21, 2006 by zyggy