Commuter status

[mikebike 9]

Hi everyone! Hopefully someone has experience with this and can help me out.

 

I'm a pilot working for a Canadian airline. Once I have my green card, would it be possible to get commuter status even though I continue working for my Canadian company? I regularly fly into the USA and back so I was wondering if that counts as "working in the USA" for the commuter status.

 

I don't make much to start out at this job and would like to continue receiving benefits for child care and health care, especially if I will have to continue paying taxes on my Canadian income.

 

Thanks!

[Flames9_RN 358]

As far as I know, and I have never really looked into it as it does not affect me....1 can only be a resident of 1 country.....and if you want to maintain your Green card, it would have to be USA.  And if one is not a resident of Canada, I don't believe you are entitled to Cdn Health Care.  Neiks (not sure if she is still active on these boards) works for the Cdn Govt, but but lives in the USA, but pretty sure she stated even though she pays Cdn taxes, she is not entitles to Cdn health care and other benefits.  a decent tax forum is  https://forums.serbinski.com/viewforum.php?f=2  and can ask USA/Canada income tax questions.   I believe Nelsona, who answers 99% of the questions is a Canadian. 

[mikebike 9]

1 minute ago, Flames9_RN said:

As far as I know, and I have never really looked into it as it does not affect me....1 can only be a resident of 1 country.....and if you want to maintain your Green card, it would have to be USA.  And if one is not a resident of Canada, I don't believe you are entitled to Cdn Health Care.  Neiks (not sure if she is still active on these boards) works for the Cdn Govt, but but lives in the USA, but pretty sure she stated even though she pays Cdn taxes, she is not entitles to Cdn health care and other benefits.  a decent tax forum is  https://forums.serbinski.com/viewforum.php?f=2  and can ask USA/Canada income tax questions.   I believe Nelsona, who answers 99% of the questions is a Canadian. 

Thanks for the reference and link. I don't expect to have Canadian government healthcare if I'm not a resident of Canada. I guess my main question is whether I can be in commuter status while still working for a Canadian company that does business in the USA.

[acidrain 325]

We were considering a move to Point Roberts, Washington which borders Vancouver, BC at one point. I wondered the same thing myself as I would've gotten a job in Canada but lived across the line for a much cheaper house.

 

From the information I found it comes down to a question of residency. You can only be a resident of one country. Typically this is determined by where you sleep and where your home is. Even if you are technically spending more time in Canada and have a job there.

 

Since information is freely shared between the US and Canadian government it's a matter of time before they figure out what is going on. I followed a few threads for people who tested it out and at some point the government figured out what they did. Some people had to pay back all the money they received. In other cases they were given 6 months leeway.

 

This is essentially why the issue of domicile comes up to test whether the person is really going to live in the US. The US does not want to give benefits anymore than the Canadian government for people they don't feel they are paying their share of taxes.

 

Some people try to get around this by having 2 separate residences one in the US, the other in Canada. It's a slippery slope though as you might be asked point blank where you actually live.

[mikebike 9]

3 minutes ago, acidrain said:

We were considering a move to Point Roberts, Washington which borders Vancouver, BC at one point. I wondered the same thing myself as I would've gotten a job in Canada but lived across the line for a much cheaper house.

 

From the information I found it comes down to a question of residency. You can only be a resident of one country. Typically this is determined by where you sleep and where your home is. Even if you are technically spending more time in Canada and have a job there.

 

Since information is freely shared between the US and Canadian government it's a matter of time before they figure out what is going on. I followed a few threads for people who tested it out and at some point the government figured out what they did. Some people had to pay back all the money they received. In other cases they were given 6 months leeway.

 

This is essentially why the issue of domicile comes up to test whether the person is really going to live in the US. The US does not want to give benefits anymore than the Canadian government for people they don't feel they are paying their share of taxes.

 

Some people try to get around this by having 2 separate residences one in the US, the other in Canada. It's a slippery slope though as you might be asked point blank where you actually live.

Thanks for your reply! I'm definitely not trying to do anything questionable, I understand the issue of residency. I'm trying to figure out that if I say I am a resident of Canada, could I get commuter status while working for a Canadian company? To get commuter status you have to have a job in the USA, but would working for a Canadian company that has me do business within the USA count?

[acidrain 325]

13 minutes ago, mikebike said:

Thanks for your reply! I'm definitely not trying to do anything questionable, I understand the issue of residency. I'm trying to figure out that if I say I am a resident of Canada, could I get commuter status while working for a Canadian company? To get commuter status you have to have a job in the USA, but would working for a Canadian company that has me do business within the USA count?

The main issue you will find after you get your US Permanent Residency is you have to maintain residency in the US. If you are no longer a resident than you no longer qualify for the green card. You have to pick one. If you are no longer eligible to be a resident of the US your green card which gives you authority to work would be null and void.

 

If your question is can I work for a Canadian company while living in the US I don't see that being an issue. People do it all the time as long as you are legally able to do so (for e.g. are a Canadian citizen). With house prices being insane in Vancouver, BC many people get a Nexus pass and cross the line every day for work. The unfortunate part is those people don't qualify for Canadian health care or any child care or other social benefits. But the housing is still ridiculously cheaper which is why people do it.

 

What a lot of people do who are residents of the US and live close to Canada is they cross the line and pay out of pocket for medical expenses. In many cases it is much cheaper than using insurance in the US.

Edited February 26, 2018 by acidrain

[mikebike 9]

3 minutes ago, acidrain said:

The main issue you will find after you get your US Permanent Residency is you have to maintain residency in the US. If you are no longer a resident than you no longer qualify for the green card. You have to pick one. If you are no longer eligible to be a resident of the US your green card which gives you authority to work would be null and void.

 

If your question is can I work for a Canadian company while living in the US I don't see that being an issue. People do it all the time as long as you are legally able to do so (for e.g. are a Canadian citizen). With house prices being insane in Vancouver, BC many people get a Nexus pass and cross the line every day for work. The unfortunate part is those people don't qualify for Canadian health care or any child care or other social benefits. But the housing is still ridiculously cheaper which is why people do it.

 

What a lot of people do who are residents of the US and live close to Canada is they cross the line and pay out of pocket for medical expenses. In many cases it is much cheaper than using insurance in the US.

I understand residency could be an issue, but USCIS allows for a special condition for Canadians and Mexicans to maintain the green card while having a residence outside of the USA.

 

Sec. 211.5 states:

An alien lawfully admitted for permanent residence or a special agricultural worker lawfully admitted for temporary residence under section 210 of the Act may commence or continue to reside in foreign contiguous territory and commute as a special immigrant defined in section 101(a)(27)(A) of the Act to his or her place of employment in the United States. An alien commuter engaged in seasonal work will be presumed to have taken up residence in the United States if he or she is present in this country for more than 6 months, in the aggregate, during any continuous 12-month period. An alien commuter's address report under section 265 of the Act must show his or her actual residence address even though it is not in the United States. 

 

What I'm wondering is if I would qualify under this provision.

[acidrain 325]

3 hours ago, mikebike said:

I understand residency could be an issue, but USCIS allows for a special condition for Canadians and Mexicans to maintain the green card while having a residence outside of the USA.

 

Sec. 211.5 states:

An alien lawfully admitted for permanent residence or a special agricultural worker lawfully admitted for temporary residence under section 210 of the Act may commence or continue to reside in foreign contiguous territory and commute as a special immigrant defined in section 101(a)(27)(A) of the Act to his or her place of employment in the United States. An alien commuter engaged in seasonal work will be presumed to have taken up residence in the United States if he or she is present in this country for more than 6 months, in the aggregate, during any continuous 12-month period. An alien commuter's address report under section 265 of the Act must show his or her actual residence address even though it is not in the United States. 

 

What I'm wondering is if I would qualify under this provision.

Interesting topic. I found this link that goes through and explains the information you are looking for: https://www.lexology.com/library/detail.aspx?g=ac6782c8-29fb-48ed-9999-5e6b0f707ebe

 

It appears as though a person could live in Canada and commute to the US for a job. There is a special process in which it has to be done. Good luck.

[Flames9_RN 358]

where do u plan to actually live?  and when u go back to canada, how long are u gone for?

[mikebike 9]

43 minutes ago, acidrain said:

Interesting topic. I found this link that goes through and explains the information you are looking for: https://www.lexology.com/library/detail.aspx?g=ac6782c8-29fb-48ed-9999-5e6b0f707ebe

 

It appears as though a person could live in Canada and commute to the US for a job. There is a special process in which it has to be done. Good luck.

Thanks for the link, that was a good read. I suppose it's up to the US to determine if I'm employed for a US company, which in this case, I am probably not. 

[mikebike 9]

35 minutes ago, Flames9_RN said:

where do u plan to actually live?  and when u go back to canada, how long are u gone for?

I eventually want to move to the USA but want to be employed for a US airline first. I need a SSN to be employable but I can't get one until I become a PR. So if possible, I'd like to stay in Canada until I get hired for a US airline. 

[Flames9_RN 358]

4 minutes ago, mikebike said:

I eventually want to move to the USA but want to be employed for a US airline first. I need a SSN to be employable but I can't get one until I become a PR. So if possible, I'd like to stay in Canada until I get hired for a US airline. 

I dont see it on your profile..how are you attempting to gain PR status in the uSA?  Via a relationship visa such as a k1 or cr-1?  As Visajourney is (or was..I haven't been around that much lately) centered on coming to the USA on a relationship VISA.  I know there are employment route visas as well.....I Canadian RNs do it fairly often and I would think Pilots must do it as well as I have read USA Airlines are screaming for pilots.

[NikLR 13,227]

On 2/26/2018 at 7:24 PM, mikebike said:

I eventually want to move to the USA but want to be employed for a US airline first. I need a SSN to be employable but I can't get one until I become a PR. So if possible, I'd like to stay in Canada until I get hired for a US airline. 

You can work for a Canadian company as long as they know you're not a resident of Canada (thus no benefits including CCTB) and tax you appropriately, and you LIVE in the USA.   Have you tried inquiring with the US airlines about working for them after moving?  

[moemac59 192]

While going through the ROC process, I worked for a Canadian company. I telecommuted 2 days a week and was in Toronto for 2-3 days. I stayed in hotels or with friends while maintaining my residence in the US. I kept track of the time and dates that I physically was away from the US and that included the exact time that I crossed over into Canada and departed from Canada.

 

I know that I was allowed to be away from the US for a specific amount of time. This was not an issue when I went through the citizenship process and citizenship interview. It was discussed during the interview but the IO who interviewed me was okay with it.