Canadian Girl and American Boy want to live happily ever after

[The Mean Lady 604]

There is nothing etched in stone that says you are allowed 6 months per calendar year. It's 6 months per visit or 182 days from the day you enter the US, unless otherwise noted by CBP. Technically a person could stay in the US for 6 months, go back to Canada for a day, and then enter the US for another 6 months if the CBP allows them to. It is a rule of thumb that you want to be spending more time in Canada than you do the US or it appears that you are living in the US rather than Canada. If you stay in the US for 6 months, it is more than likely that you will not be allowed back in the US for at least another 6 months, but again, this entirely based on CBP's discretion.

Correct Correct Correct Correct!

Edited July 25, 2013 by The Mean Lady

[ricnally 259]

There is nothing etched in stone that says you are allowed 6 months per calendar year. It's 6 months per visit or 182 days from the day you enter the US, unless otherwise noted by CBP. Technically a person could stay in the US for 6 months, go back to Canada for a day, and then enter the US for another 6 months if the CBP allows them to. It is a rule of thumb that you want to be spending more time in Canada than you do the US or it appears that you are living in the US rather than Canada. If you stay in the US for 6 months, it is more than likely that you will not be allowed back in the US for at least another 6 months, but again, this entirely based on CBP's discretion.

I didn't say "calendar year". That was kinda my point.

[Teddy B 17,252]

I didn't say "calendar year". That was kinda my point.

Right, you said 12 months, and that is not so either. It's 6 month per visit unless otherwise noted.

[Kathryn41 3,205]

Actually - and I will look for the official documentation that says this - it is 6 months at a time to visit and you are expected to spend an equal amount of time outside of the US as you do inside of the US so if you visit the US for 6 months you are expected to be outside of the US for 6 months. The US views spending more time in the US than out of the US as a visitor as 'living' in the US rather than visiting the US.

Secondly, if you are outside of your home province for more than 6 months you are generally (I don't know about all provinces, just several of them) no longer eligible for Provincial Health Care coverage and need to re-establish your eligibility by a 'waiting period' - often about 3 months - before you can again obtain Provincial health benefits. That is why so many snow birds make sure that they don't stay outside of Canada for more than 6 months at a time.

Finally, you may find yourself a person of interest with the IRS if you remain in the US for more than 6 months in a year. Anyone who is physically present in the US for more than 6 months is required to file a tax return with the IRS as they assume you are a resident - legal or otherwise -either declaring your world income or filing proof of maintaining closer tax ties to your home country.

I'll go and look for that source now.

[Kathryn41 3,205]

Okay - some links:

https://help.cbp.gov/app/answers/detail/a_id/619/kw/canadian%20length%20of%20stay/session/L3NpZC9MVXhqMWp3bA%3D%3D

"There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents."

"Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their initial entry. A visitor who intends to live, work or study in the U.S. without disclosing this information beforehand may be permanently barred from the U.S."

Here are some other useful links with information about taxation and health coverage:

"You are considered a resident alien if you met one of the following two tests for the calendar year: . . . (the first is the Green Card test)

The second test is the "substantial presence test." For the purposes of this test, the term United States includes the following areas:

• All 50 states and the District of Columbia,
• The territorial waters of the United States, and
• The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources

The term does not include U.S. possessions and territories or U.S. airspace.

To meet the substantial presence test, you must have been physically present in the United States on at least:

1. 31 days during the current year, and
2. 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count:
   • All of the days you were present in the current year, and
   • One-third of the days you were present in the first year before the current year, and
   • One-sixth of the days you were present in the second year before the current year.

. . .

If you are a resident alien, you must follow the same tax laws as U.S. citizens. You are taxed on income from all sources, both within and outside the United States. You will file a Form 1040EZ (PDF), Form 1040A (PDF), or Form 1040 (PDF) depending on your tax situation. The return is due by April 15, and should be filed with the service center for your area. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day.

A useful site for 'snowbirds' http://www.55places.com/blog/canadian-snowbirds-visit-united-states

Information from OHIP that you are no longer covered after 212 days out of Canada without pre-approved extenuating circumstances: http://www.health.gov.on.ca/en/public/publications/ohip/travel.aspx

Edited July 28, 2013 by Kathryn41

[VeeNDee 44]

Kathryn I keep having people tell me that they know people who live in the US and come back for healthcare. I keep saying that's not allowed, and they keep saying "well, everyone does it so there is probably a way around it" - and imply that I should find that way and use healthcare. I don't think there IS a way around it if you live in the US. I am SO tired of being told that other people do it all the time. It drives me up the wall!!!! ARGHHH!!!

[Lemonslice 4,960]

Finally, you may find yourself a person of interest with the IRS if you remain in the US for more than 6 months in a year. Anyone who is physically present in the US for more than 6 months is required to file a tax return with the IRS as they assume you are a resident - legal or otherwise -either declaring your world income or filing proof of maintaining closer tax ties to your home country.

The IRS "Substantial Presence" can be way less than 6 months, if you visit often.

Here is how they calculate it:

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

... becomes important for visitor who have any accounts with more than 10K$ I think, as they now need to be declared/form filed, not exactly sure but an accountant would know (I think it's this one - http://www.irs.gov/pub/irs-pdf/f8833.pdf ).

/ didn't post quick enough, so what Kathryn41 said

Edited July 28, 2013 by Boston~Montreal

[Flames9_RN 358]

Kathryn I keep having people tell me that they know people who live in the US and come back for healthcare. I keep saying that's not allowed, and they keep saying "well, everyone does it so there is probably a way around it" - and imply that I should find that way and use healthcare. I don't think there IS a way around it if you live in the US. I am SO tired of being told that other people do it all the time. It drives me up the wall!!!! ARGHHH!!!

Yes there are people that do it and have been getting away with it. I know a few years back BC was well aware of this (was in a CBC article) and it was costing the province many many millions of $$$$ each year. Not sure what they have done (if anything) to stop and remedy this type of fraud.

[VeeNDee 44]

Yes there are people that do it and have been getting away with it. I know a few years back BC was well aware of this (was in a CBC article) and it was costing the province many many millions of $$$$ each year. Not sure what they have done (if anything) to stop and remedy this type of fraud.

I wish they'd do something or allow it. As it is, it really irks me to pay thousands of dollars to get healthcare down here while they get it for free illegally without repercussions. Seriously... the only thing I get is a clear (and very frustrated) conscience and a whole lot of bills.

Oh and looks from people who think I'm being silly for not doing it that way. Like I'm wasting my money trying to do things legally. Grrr.

Edited July 28, 2013 by VeeNDee

[Kathryn41 3,205]

Kathryn I keep having people tell me that they know people who live in the US and come back for healthcare. I keep saying that's not allowed, and they keep saying "well, everyone does it so there is probably a way around it" - and imply that I should find that way and use healthcare. I don't think there IS a way around it if you live in the US. I am SO tired of being told that other people do it all the time. It drives me up the wall!!!! ARGHHH!!!

It only means that they haven't been caught yet. It is illegal and not everyone does it, nor is there a way around it. Canadian health care coverage is based upon eligible residency and not upon citizenship. If you are not resident in Canada, you are not eligible for coverage.

When I worked for the MP before I moved to the US, even though health care is provincial and under the jurisdiction of the MPP, we had a 'snowbird' who came raging into our office demanding our help. He and his wife had been 'living' in the US full time for about 5 years, coming back to Canada to 'check in' twice a year for a week's visit and to get medical care. This last time they got caught. OHIP not only refused them medical treatment, they also sent him a bill for all of the medical treatment they had received and had been subsidized by OHIP since they moved to Florida. OHIP had apparently also contacted US immigration as part of their investigation and US immigration was now refusing them entry back to the US, even though all of their property and such was there.

No one was able to help him, of course, as he had committed illegal acts in both countries and had finally been found out. He was not one of our 'satisfied' customers, but his experiences were always a very good reminder of the consequences that await if you try to get away with something like this.

[NikLR 13,232]

People always do seem to be pissy about when they get caught doing something illegal that they feel they should have a right to do.