Temporarily working in Canada (split topic)

[NickDC 0]

I wanna revive this thread as a I have a similar situation coming up and just want to clarify a few things to make sure I'm not going to run into any problems. Most I've read so far were cross border commuters. 

 

I'm a Canadian citizen and a US LPR. I've been offered a great  opportunity to go back and work in Canada. I would make this a  temporary move only and I would not want to jeopardize in any way my US LPR status as I plan to eventually transfer back to the US as soon as an internal opportunity comes up to transfer (hopefully around 1-2 years).

 

My current residence is in California (house, car, drivers licensee, bank, etc, etc), I do not plan to give any of those up and will even keep my home so I have to a place to stay. As this would obviously not be commutable to Canada I'd plan to come back once a month or so and spend a week or so there and work remotely. 

 

From my research this is my understanding: 

 

1) I understand I will file both US/Canadian Taxes and claim a foreign tax credit on taxes paid in Canada for the income. 

2) I also understand I will not be eligible for provincial healthcare so I will need to take my own US health insurance that I can use in Canada? Is that correct? I assume then I should file an exemption to not be taxed from the province somehow or would I need to wait for a refund the following year? 

3) Will coming back every month for a week or so put my LPR at risk? I know there is a "6 month" window which isn't completely written in stone and it isn't as simple as resetting the clock every 6 month. If I come back home every couple of weeks and am just really 'working' in Canada (obviously having an apartment there as I could not commute) would this create any issues even though my intent is to move back in in less than 2 years(even potentially sooner)?

 

Thanks,

Nick

 

 

 

Edited April 17, 2017 by NickDC

[Ryan H 3,819]

**Post split into separate thread, please do not hikack threads started by other members.**

[Udella&Wiz 325]

Here's my thought on #3 only

 

If you plan to become a US citizen, you have to fulfill a residency requirement for a certain period of time prior to applying for US citizenship (look up the calculation on here or elsewhere). Living out of country, which is what you're proposing, would affect that. The residency clock resets once you're out for a certain period of time over the course of a certain period...so just know that it 'might' take longer to satisfy the residency requirement before you can obtain citizenship. In addition, you should keep track of every trip and length of time you've been outside the US....you'll have to report trips outside the US on your application or potentially when you renew your GC.

 

By living the majority of the year outside the US, you would not be fulling the spirit of what an LPR is, which is for an individual who wishes to reside in the US. The border guards can easily take an interest in why this so called PR seems to be traveling out of the US for long periods of time(BG - purpose of your trip? You...to...work...), your card is scanned each time you enter the US, the trips are documented. If it were me I'd be inclined to have a family member do the apartment renting or whatever else so you don't appear to be signing a lease which would show intention to reside in Canada.

Edited April 26, 2017 by Udella&Wiz

[NickDC 0]

15 hours ago, Udella&Wiz said:

Here's my thought on #3 only

 

If you plan to become a US citizen, you have to fulfill a residency requirement for a certain period of time prior to applying for US citizenship (look up the calculation on here or elsewhere). Living out of country, which is what you're proposing, would affect that. The residency clock resets once you're out for a certain period of time over the course of a certain period...so just know that it 'might' take longer to satisfy the residency requirement before you can obtain citizenship. In addition, you should keep track of every trip and length of time you've been outside the US....you'll have to report trips outside the US on your application or potentially when you renew your GC.

 

By living the majority of the year outside the US, you would not be fulling the spirit of what an LPR is, which is for an individual who wishes to reside in the US. The border guards can easily take an interest in why this so called PR seems to be traveling out of the US for long periods of time(BG - purpose of your trip? You...to...work...), your card is scanned each time you enter the US, the trips are documented. If it were me I'd be inclined to have a family member do the apartment renting or whatever else so you don't appear to be signing a lease which would show intention to reside in Canada.

Thank you for the input! I don't think I would take up a lease or anything, I'd probably stay with a friend who has a room for rent. Right now I am looking at alternatives to this job opportunity as it seems to create a very complex situation. 

 

P.S my apologies for highjacking the thread, I just thought since the topic was very similar I would just revive it since there was already an on-going discussion.

 

[zilchfox 296]

It's not possible to live near the border, is it? You could grab yourself a NEXUS card and drive up to Canada everyday purely just for work, and drive back home to the U.S. for everything else life-related. You'd still technically be domcile in the U.S., although I'm not sure if all the time being spent in Canada would count against your U.S. residency as an LPR, thus delaying potential citizenship down the line.

 

How far off are you from becoming eligible for applying for U.S. citizenship, OP?

[Ontarkie 14,378]

For what you are wanting to do, you would need a re entry permit. It would allow you to be gone for 2 yrs but it still resets your clock for citizenship.