Working in Canada as a US PR

[Cammabear 34]

Greetings,

 

I've been looking unsuccessfully for an answer to my question online, I figured someone here has either experienced this or knows.

I am moving to the US next month on an IR1 visa (interview was done and approved in February). My question is, am I able to return to Canada and work part time at my current job here? My employer is fine with this arrangement. I would ensure that I am not in Canada for longer than 6 months out of the calendar year. Where I am moving to is very rural and I do not have a drivers license or a vehicle, so working in the US is not an option for me at present. I am employed at a grocery store and will need to return frequently to Toronto to visit my mother. 

 

Thank you in advance for any advice.

[Crazy Cat 41,904]

Technically, a Green Card holder can immediately leave and remain outside the US for up to a year.  However, doing so can invite scrutiny regarding your US residency.

[aaron2020 11,651]

Don't do it.

 

Not being in Canada for longer than 6 months out the calendar year is not going to prevent you from potentially losing your green card status.  You need to Google "Maintaining legal permanent residency" and read the rules.  

If it looks like you are living in Canada by working there but not in the US, you could end up losing your green card status.

A Canadian job will require you to file a Canadian tax return and a US tax return declaring your foreign income.  You will probably need a professional to handle your US tax return to prevent double taxation and take advantage of the US/Canadian tax treaty.

Furthermore, you will not qualify for provincial health care.  As a US green card holder, you will not qualify.  If you use provincial health care, that means you are claiming Canadian residency which puts your green card status at risk.

How long have you been married?

 

[Cammabear 34]

We've been married for almost 3 years, though my visa journey began in February 2019. 

I will be covered under my husbands benefits once I am there, if I was to remain working infrequently at my job here I would need to speak with our HR to stop my benefits at Loblaws. 

My wanting to do this is based on the fact that I know I will need to be in Canada a fair bit for my mother. This is a terrible time for me to be leaving, I wish I could visit my husband without activating my PR. So much has changed since I first applied to live in the US. I'm looking for a way to be with them both throughout the year. I don't want to do anything illegal and jeopardize my GC status.

 

[aaron2020 11,651]

Sorry that you are in a tough situation. 

Being married for 3 years, you wouldn't have to worry about providing evidence to remove conditions on a green card.

Everything else I've posted still applies.  You need to read up on maintaining your legal permanent residency.   

Your US insurance is unlikely to cover you abroad.  You will probably need travel insurance for coverage when taking trips outside the US.

US citizens and green card holders are taxed on their worldwide income even if nothing is earned in the US.  

Best of luck.

 

[JFH 12,190]

It’s not just the amount of time out of the country that matters. It also matters what you are doing whilst out of the country. Caring for your sick mother is one thing. Working is something else. 
 

Obviously you can only care for your mother in one place. And that is where she lives, which - in your case - is Canada. It’s also something out with your control. 
 

You are eligible to work in the US once you arrive with your IR-1. There is no need for you to work in Canada. Can you work remotely for your Canadian employer? Quite frankly, it looks odd to go through the long and expensive process to get a spousal visa but then prefer to stay with your mother than your husband. 

No one has a drivers license here before they move here. I assume you are planning to get one? 

Edited April 20, 2021 by JFH

[Cammabear 34]

I am not able to work remotely, I am employed at a grocery store. When I began the process, my mother's health and mobility were different than they are now. We also live in Toronto and the province is in a healthcare catastrophe. I am leaving at a terrible time with regards to the situation here. I would put off moving by a few months but my husband needs shoulder surgery and I have to be there for him too. I wish I could have them both together in the same country. 

I am planning to get a drivers license in the US, I don't drive here though so I will need to go through lessons and whatever graduated licensing Iowa requires, then get a vehicle. I am moving to a very rural village where there is no transportation or businesses to even work at for that matter.

I would be getting travel insurance for the times I am in Canada as I realize that my OHIP would no longer be valid.

None of it is ideal. In hindsight having my husband immigrate to Canada would have been a better solution but this is where I'm at and I'm just trying to see what options are available and what is legal.  So much has changed within the past year.

[Nat&Amy 623]

13 minutes ago, JFH said:

Quite frankly, it looks odd to go through the long and expensive process to get a spousal visa but then prefer to stay with your mother than your husband. 

How is that odd? Immigration is a long process and we do not know of OP's circumstances. When one decides to leave the country, they do so based on their personal circumstances and provisions at that time. Unexpected events happen and no one should have to choose between a parent and a spouse, and whatever the choice, there is no default "odd" or wrong.

 

OP, have you considered consulting with a pro-bono immigration lawyer to see what they would say about your situation? As others have mentioned, you might encounter difficulties proving you reside in one country when you work in another. Since you work at a grocery store, remote work would likely be impossible - have you considered searching for a new job that gives you more flexibility? 

[Nat&Amy 623]

9 minutes ago, Cammabear said:

None of it is ideal. In hindsight having my husband immigrate to Canada would have been a better solution but this is where I'm at and I'm just trying to see what options are available and what is legal.  So much has changed within the past year.

I am very sorry to hear about your situation. As an only child with an elderly mother living alone in Brazil, I cannot even imagine how heartbreaking it must be when both parent and spouse need you at the same time, especially for health reasons in the middle of a pandemic.

 

Who else would be able to assist your mother in your absence? Do you or does she have siblings that would be more readily available? What about your husband? Maybe it's not an ideal solution, but getting a remote job that would allow you to travel more frequently and counting on other relatives/friends to help you manage the situation would ease the burden on you, both financially and emotionally.

[igoyougoduke 1,656]

1 hour ago, Cammabear said:

Greetings,

 

I've been looking unsuccessfully for an answer to my question online, I figured someone here has either experienced this or knows.

I am moving to the US next month on an IR1 visa (interview was done and approved in February). My question is, am I able to return to Canada and work part time at my current job here? My employer is fine with this arrangement. I would ensure that I am not in Canada for longer than 6 months out of the calendar year. Where I am moving to is very rural and I do not have a drivers license or a vehicle, so working in the US is not an option for me at present. I am employed at a grocery store and will need to return frequently to Toronto to visit my mother. 

 

Thank you in advance for any advice.

 

I think what you are looking for is :

1) you need to maintain ties with US in order to retain your green card

2) just marriage to a US citizen will not satisfy the residency status. 

3) You are required to show intent that you are residing in the US. This can include residency in your home,  drivers license, mortgage,  utility bills, children etc

 

However you can leave the country any time and enter the country any time as many times as possible. You have to show intent to retain residency in US every time you cross the border. Marriage to US citizen is not the sole reason that will satisfy the criteria.  You should not have any issues spending time with sick family members in Canada as long as you make sure you carry documentation should you be asked for  and the trips are short. Dont intend up on living in Canada for 1 -2 years without reentry permit. if you do think you need to spend time in Canada for more than 1 year , please do apply for reentry permit on your next visit to US. This allows you to retain reentry up to 2 years or the expiry date of conditional green card without abandoning it 

 

Edited April 20, 2021 by igoyougoduke

[igoyougoduke 1,656]

1 hour ago, Cammabear said:

We've been married for almost 3 years, though my visa journey began in February 2019. 

I will be covered under my husbands benefits once I am there, if I was to remain working infrequently at my job here I would need to speak with our HR to stop my benefits at Loblaws. 

My wanting to do this is based on the fact that I know I will need to be in Canada a fair bit for my mother. This is a terrible time for me to be leaving, I wish I could visit my husband without activating my PR. So much has changed since I first applied to live in the US. I'm looking for a way to be with them both throughout the year. I don't want to do anything illegal and jeopardize my GC status.

 

 you should consider applying for reentry permit for green card holders. i cannot think any other way around. this will buy you time without risking losing PR 

Edited April 20, 2021 by igoyougoduke

[Cammabear 34]

Thank you everyone for your answers and advice. 

There is much to think about. Maybe for now I will just take a leave of absence from work and see what happens down the road. 

[Mike E 11,739]

7 hours ago, Cammabear said:

Thank you everyone for your answers and advice. 

There is much to think about. Maybe for now I will just take a leave of absence from work and see what happens down the road. 

Both my parents passed away in Canada and I had to spend significant time in Canada during their final days.  The nature of my job was that I continued to work for my US employer.  Your type of work doesn’t let you do that.  
 

It is perfectly reasonable, while you are in Canada to hold down a job while juggling care for your mother.
 

What I don’t understand is how you are going to average 50 percent of your tine in the USA.  Who will take care of your mother while you are in the USA?

 

But assuming you have that covered, I don’t see a problem.  
 

I suggest 55 percent in the USA.  

[jostermacedo 54]

21 hours ago, Cammabear said:

I am not able to work remotely, I am employed at a grocery store. When I began the process, my mother's health and mobility were different than they are now. We also live in Toronto and the province is in a healthcare catastrophe. I am leaving at a terrible time with regards to the situation here. I would put off moving by a few months but my husband needs shoulder surgery and I have to be there for him too. I wish I could have them both together in the same country. 

I am planning to get a drivers license in the US, I don't drive here though so I will need to go through lessons and whatever graduated licensing Iowa requires, then get a vehicle. I am moving to a very rural village where there is no transportation or businesses to even work at for that matter.

I would be getting travel insurance for the times I am in Canada as I realize that my OHIP would no longer be valid.

None of it is ideal. In hindsight having my husband immigrate to Canada would have been a better solution but this is where I'm at and I'm just trying to see what options are available and what is legal.  So much has changed within the past year.

Cammabear,

 

where in the US would you be moving to? Close to the border? Depending upon where you live in the US, crossing the border and driving to Toronto to visit your mother could be a possibility.

[Kai G. Llewellyn 838]

The short answer is a 'yes', but with many 'buts' and caveats.

 

As a US PR holder you are required to do the following:

1. Maintain a principal residence in the US.

2. Maintain a fixed intent to return to the US for the entire duration of your absence.

3. File taxes as a resident alien.

4. Avoid protracted absences outside of the US,

 

Point one and two are where things get awkward, because CBP and IJ are able to use their judgement whether your actual principle residence is in the US and whether you maintained that fixed intent to return. Your actions in this case are far, far, louder than your words. And the totality of the circumstances will determine whether your situation constitutes abandonment.

 

So let's look at your hypothetical situations here.

Situation 1:

Your mother is unwell and you are acting as a primary caregiver, you anticipate the situation to resolve itself to where you can return to the US. During your time in Canada, your immediate family (i.e. spouse) remain in the US, you maintain a US address, driver's license, bank accounts and communities ties in the US. You file taxes as a US Resident Alien, and you are not enrolled in any Canadian provincial programs for provincial residents, you file your Canadian taxes as a deemed non-resident. You however take up temporary or casual employment during your time in Canada to assist with your caregiving duties to your mother.

 

Situation 2:

Your mother is unwell and you are acting as a primary caregiver, you do not anticipate the situation to resolve itself in any short time to where you can return to the US as your actual home. During your time in Canada, your immediate family (i.e. spouse) spends significant time with you in Canada to avoid the separation. You are enrolled in Provincial Healthcare, have a provincial driver's license and you file taxes with the CRA as a resident of Canada. You have a residence in the US, but you do not maintain financial ties, nor have any obligations that would necessitate you to return to the US in the immediate future. You take up permanent employment in Canada and are enrolled with employer benefits.

 

Situation 2 would therefore likely result in abandonment while Situation 1 would be much less likely to do so.

 

Therefore, the short answer is that yes, you can work in Canada. However, you will be at risk of being considered to have abandoned your status if your time in Canada does not appear temporary. And temporary vs permanent is determined to ties to the US vs ties to Canada, as well as the frequency and duration of absences from the US, and whether you have anything that would drag you back to the US.

 

A Re-Entry permit can help demonstrate that you did not intend to give up your permanent residence, however they are only valid for a maximum of two years, and if it appears you do not intend to make the US your permanent home, USCIS will deny future Re-Entry Permits. Additionally, if the evidence is overwhelming that you do not have the intention to make the US your permanent home, a re-entry might not offer you protection from a determination of abandonment.

 

Regardless of what your circumstances are, CBP cannot revoke your status at the border, only an Immigration Judge determining abandonment in removal proceedings can deprive you of your PR. CBP may pressure you to sign I-407 Record of Abandonment of Permanent Resident Status, however you are under no obligation to sign this form and are entitled to enter/work/live in the US until an IJ determines otherwise. CBP if thinking that you did abandon your status they may issue you a Notice to Appear and place you in removal proceedings to see the IJ.

Edited April 21, 2021 by Kai (CanadaDude)