How Long Can A Canadian Snowbird Stay Out of the Country?
That is the most frequent question I hear from Canada’s snowbirds, who will be making close to one million out-of-country trips this coming season. The rules are not the same for all provinces. Read on to find out more.
How long you can stay out of the country depends on two things: your own provincial rules on medicare eligibility, and how long your host country (for most snowbirds that’s the United States) allows you to stay as a visitor. These are two separate sets or rules, and they don’t necessarily coincide.
Let’s deal with the provincial rules first. All provinces, except Ontario and Newfoundland, require you to actually live in your home province for at least six months plus a day (183 days in most years) in order to be considered a permanent resident of that province, and therefore qualified for provincial health insurance (medicare) benefits. That means actually residing in your home province and being able to prove it, if necessary, not simply owning a residence there and living in Portugal, Mexico or California for eight or nine months. That means you are allowed to be out-of-the province for half a year less a day—182 days. (Caution: once you are out of your province, that 183-day clock starts ticking. So if you ordinarily live in Manitoba and want to stay with family in Ontario for a month before leaving for Florida,
you will only have five months left to spend in the Sunshine State.)
Ontario allows you to be out of the country for 212 days (seven months) and Newfoundland for eight months without risking loss of your medicare benefits.
If you stay out of your province longer than that, you risk losing your “residency” and with it your medicare benefits, and you will then have to re-instate your eligibility by living in your province for three straight months (without leaving) before you get those benefits back. And you will have to be able to prove that you have complied.
Since there are no provincial border police, you can expect a certain flexibility in how these rules are applied and I know of quite a few people who bend the rules to get a few extra days here or there. If it becomes an issue with your provincial authorities (that is, if your neighbor snitches on you and you are caught) the provincial authorities might well average out your out-of-province stays for the past two or three years to see how you measure up against that six-month threshold. They will not likely prosecute you if you are over by a few of days in one year. But as a general rule, it’s best to simply add up how many days you have been out of the country in a given year in total, and stay within the limits.
The other set of rules are set by your host country and have nothing to do with the medicare eligibility rules in your home province. The U.S. rules are also somewhat flexible, but you best understand them. Generally, you are allowed to stay in the U.S. for up to six months without a visa (more about this later) so long as the border agent allowing you in feels you have the wherewithal to support yourself, that you intend to return to Canada within that six month limitation, that you do not intend to stay in the U.S. permanently (illegally), and that you have a “greater connection” to Canada than to the U.S. If he feels you are manipulating the rules and actually living more in the U.S. than in Canada he can deny you entry and there’s not much you can do about it.
If you overstay that six-month allowance and are seen to be doing so by border agents you will likely be put on a restricted list and denied entry to the U.S. for a number of years. It’s too complicated to list the restrictions and penalties here—just, don’t do it.
If you do overstay and you are seen to be more of a U.S. resident than a Canadian one, you may well be required to pay taxes in the U.S. as well as in Canada and you don’t want that.
Travelling back and forth across the border has become a little more complicated over the past few years, but it is still relatively easy for Canadians due to certain dispensations the U.S. offers its northern neighbor. In effect visitors from Canada are “deemed” to be travelling into the U.S. on a visitor’s visa even if you don’t have the paperwork to prove it. But if you want to stay longer than six months, you will have to apply for the real thing and that is a more complicated process—not for discussion here.
How do you prove your legitimacy and your domicile and your residency to a curious border agent?
Get a passport. And if you don’t already have one, shame on you. This is the 21st century and if you want the privilege of being able to travel to foreign countries (and remember, it is a privilege and not a right) then accept the obligation of being able to prove who you are.
And remember most of all, that once you leave your province and enter another country, your medicare benefits stay behind and you become responsible for paying for your own medical costs. You will be lucky if your provincial medicare pays 10 cents on the dollar of any foreign hospital bills you generate.
That’s what out-of-country travel health insurance is for.
I am from Manitoba and I was told on the phone from someone at Manitoba Health that every three years I am allowed to be out of the country for 12 months….is this true???
Anne:
Only if you first apply to the health ministry and get permission. Make sure you get some form of documentation, the name of the person, etc. If some clerk says you don’t need it, tell them that’s fine, but you’ll take the documentation anyway. All provinces allow residents to take extended out of country visits–each province has different rules and different allowances. But you need to get the permission ahead of time. You can’t just take a year out and say retroactively, that was my third year–”I’m allowed.” Get it documented before hand.
Milan
I stayed in the u.s for nine months last year on a six month visa. I have been in the country for five months now. I have a residency here in Sask and have a job that I work here that is seasonal. I’m I going to have trouble getting into the country when I go a see my girlfriend in Maine?
David:
You say you had a six month visa? Were you working in the U.S?
Canadian visitors don’t need a visa to enter the U.S. but they are only allowed a six
month maximum. You overstayed that by three months and if the border agent finds out he can bar you from entry and impose some other penalties such as keeping you out of the U.S. for some time. On the other hand, he may not notice and let you get through. It’s a roll of the dice. But if I were you, I would play by the rules, otherwise your girlfriend may have to start visiting you in Saskatchewan
Milan
I’m interested in going to a NON ACCREDITED school for 4 months in the U.S. and this school isn’t allowed to hand out visas yet. i know that if going to school i need an i-20 visa but would that still apply if the school is not accredited?
Alex:
You must be extremely careful about dealing with a non-accredited school as there are now a great many under investigation by the U.S. government for irregularities in dealing with foreign students. There are many schools exist only for foreign students for the purposes making money and nothing else. This is a tricky area and you ned to contact the U.S. State Department with specific details about the school in question. Put out no money and make no commitments until you do.
Milan
Milan:
I found you answering some questions concerning the US for different people and thought I’d ask you a question about my own situation. My b/f lives in FL and I want to move there but my understanding is that I have to have a job/job offer first then get a Visa to work there. Is there any other way I can get into the US to work or get there so I can find work while there? I was thinking of maybe applying to go to school in FL? Is this something that’s possible? Would I be able to get funding from Canada or would I have to pay for it myself? I have 23 yrs experience in the accounting field and 9 yrs in the property management field (included in the 23 yrs experience) but I do not have a designation in accounting. Can you please give me some advice?
Francene:
Yes, you would have to get a firm job offer and then apply for a work visa. That’s tough, as unemployment in the U.S. is high and jobs are scarce. You might apply to go to school, but that school visa would not allow you to work. I don’t know of an y Canadian government agency that would pay for your schooling, if that’s what your question was. Moving to the U.S. legally is not easy. It usually takes a lot of time. So make no plans to move until your do all of your immigration requirements homework.
Milan
We’ve made a number of trips to MI. this year and we are now down to having just 7 days left in our 182 days. We are at present visiting Windsor Ontario and will be here for 2 mts.We are new grandparents with our daughter ,Twins, and son in law just across the boarder in Ann Arbor. There doesn’t seem to be anyone who can tell us the rules about sojourning . We only want to make day visits and return that same day. What are the rules?
Art:
Any part of a day spent in the U.S–even a couple of hours, counts as a day and is part of your 182 day allotment. It’s no more complicated than that.
Milan
Hi, I just wanna ask. I got my P.R on June 22nd last year, now I’m at Philippines taking a vacation. I’ve been here since July 12, 2011. Just wanna ask, how much longer can I stay here? Thanks.
Arz,
You’re allowed to stay out of your province of residence for up to 182 days for most provinces, except for Ontario where the limit is 212 and Newfoundland 243. But some provinces count that over a calendar year, some in the last 12 months. Since I don’t know which province you are from, I can’t give you a complete answer.
Milan
Hello Milan,
I work on cruise ship and am away from home for 10 months of the year. Since my provincial health insurance is only valid if I’m in Quebec for more than 183 days, I’m required to go private. Despite my efforts, I have only been able to find insurance that works in conjunction with RAMQ. Do you have any suggestions on where I can purchase private health insurance? Thank you!
Erin:
Yes, there are expatriate plans available for people who no longer qualify for their provincial insurance, such as RAMQ. I will copy this email to one of our special plan advisors to contact you.
Milan
I have a US partner of 5 years, am Canadian living just over the Border, we had been visiting back and forth on an equal basis and logging our stays in the US and Canada. In Aug. my partner was diagnonsed with Cancer and was rushed into hospital in Bellinginham with a near death Cancer compliacation in Aug of 2011.Since then he has been undergoing Chemo and I am his sole caregiver spending more time in the US then was my intention. During this crisis logging of time spent in the US became an issue not accurately logged. I fear I may be over my alloted time –is there anyway of finding out from Border Officials how many days spent? How can I protect myself from IRS taxation? Are there any rules or exemptions for compassionate reseasons -Appreciate any input -thanks Sharon
Sharon:
Complicated questions. I’ll take them one at a time. I doubt very much border officials will give you a tally of the days you have spent in the U.S. They may have that number, they may not. But they’re not likely going to designate time to searching out an individual record, if in fact they have one on you.
You can protect yourself from IRS by filing an 8840 IRS form which proves that you have a closer connection to Canada and which allows you to visit without paying U.S. taxes–unless you have actual revenue derived from U.S. sources.
There is no compassionate grounds visa category.
Milan
My understanding is that if you spend more than 183 days in the US you may have to file with the IRS. Also,I unerstand that the formula used to calculate the number of days that you are allowed to stay is as following:
1) The number of days stayed during the current year;
2) Plus 1/3 of the number of days stayed during the previous year;
3) Plus 1/6 of the number of days stayed during the second previous year.
If the total of the above is over 183 days,you are required to file with the IRS.
Is that correct ??
Richard:
Not quite. Unless you have a green card or other form of permanent resident or visa status, you are not allowed to stay in the U.S. more than 182 days–regardless of any filing with the IRS. The formula you cite only establishes that you spend a substantial presence in the U.S. each year and you therefore are a nonresident alien for tax purposes. Which means the IRS intends to tax you–even if you spend less than 182 days per year.
But because so many people ask this question, I am going to reprint exactly the IRS formula that determines “Substantial Presence” for tax purposes.
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:
31 days during the current year, and
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.
If you exceed this number of days you will be required to file a tax return with the IRS, unless you complete an 8840 IRS form which substantiates that you have a Closer Connection to Canada. If, however, you earn money from US sources such as investments or rental properties you will still have to file with the IRS.
That is only one issue. The issue of how long you can stay in the U.S. is separate: You are allowed to remain in the U.S. up to than 182 days per calendar year–in one continuous stretch or several shorter visits. regardless of the substantial presence test.
But in no case, unless you have formal immigration, green card or visa status to live in the U.S., can you stay longer than 182 days per calendar year–even if you want to give the IRS your money.
Milan
Would countries in Europe be similar to the US and Canada? I’m from Nova Scotia but I’m not that worried about my health insurance, I’d just like to know how long before the country I’m going to kicks me out. I’m currently undecided on the country, but I’d like to have a general idea for future reference.
Kenneth:
Most countries in Western Europe that do not require visas will allow you to stay up to 90 days, but some will require visas. You must look up the individual country you are thinking about to get a definitive answer. The easiest way to do that is to click on Travel Reports and Warnings on our homepage, choosed the country you wish to search and scroll down to entry and exit requirements.
Milan
Can a Canadian lose their citizenship by staying away too long from his country?
Eugene:
Generally, If you are currently a Canadian citizen, you will retain that citizenshiop no matter how long you are out of the country. If you lost that citizenship prior to 1977 by taking out citizenship of another country you will have lost that citizenship, but by a new 2009 law, you can regain.
Milan
I recently obtained a home in Arizona. I also own a home in Ontario. I am also lucky enough to be retired at the age of 54. I have gone back and forth across the U.S./Canada border with no concerns for years. I dediced this year to become a Snowbird for the first time in November 2011, I drove down to ARizona with the dog and live my girlfriend ( she is American ). We flew back for the holidays at Christmas and when we tried to return the U.S. border let her go through but denied me entry. They did not believe I owned a house in Canada or had any intention of returning because I was unemployed. Bottom line is I had to return to my home in Ontario and obtain the house deed, home insurance, bank statements etc. and show them. After that I was allowed to enter the US. Is there any way I can avoid this in th future?
My main concern is they took my picture, finger printed me..this seemed rather extreme. Thank you for your repsonse…..
I play poker as a profession and am wondering how other poker players from outside ot the US manage to stay in Nevada or California indefinitey. It seems that one should only be able to live in the US for 6 months a year based on your information.
Dave:
These professional poker players make their living at the game and they very likely have visas allowing them to travel frequently between Canada and the U.S. to practice their trade–much as professional athletes or office managers or executives of U.S. branches do. You need to investigate the possibility of obtaining a visa that allows you to work in the U.S. You can’t do this on a visitors allowance. As a visitor, you are not allowed to work or otherwise earn money in the U.S.
Milan
My husband and I entered the U.S December 23, 2011. Does the 182 day count start then , or does it start January 1, 2012? We were hoping to stay Jan, Feb., March and April, return to Ontario and then come back to the U.S. for September and October.
Thanks
Marge:
The count starts in January, but to be on the safe side keep your total down to 182 days in total because not all border agents use the same criteria. Many use their own judgement and you may get some agent who backdates you to Dec. 23 2011 and you don’t want to get into an argument with them–not for a seven day differential. It’s not worth the hassle. They are getting more strict these days so give it a little leeway.
Milan
I heard that a Canadian acquaintance was told he had overstayed the new 90 day maximum in Florida. He said that Obama had passed another law secretly.
Kerry:
Nonsense. There is no 90 day law for Canadians. Throw this rumour in the garbage bin.
Milan
Milan: I know you have beat this topic to death, but one more question. Assume one is still working, has a second home in the USA, travels to the USA on occasion for work purposes and also spends personal time at that their USA home. Do both the work days and personal days get added together for the substantial presence test and the total count of days spent in the USA? Assume your not on any permanent assignment and a visa is not required for these trips.
Thanks
Stephen
Stephen:
Too many unanswered assumptions. If you are doing any work in the U.S. without a work visa, it doesn’t matter how many days you are there: if the border agents get on to you, you are out–even if it’s less than six months. The substantial presence test is designed for non-resident aliens, not people who work in the U.S. If you have a visa to work in the U.S. or a NAFTA visa, then the conditions of that visa apply and you can come and go as you wish. A permanent assignment is not the key: if you are doing any work or making any money in the U.S. and you don’t have a visa, you are breaking immigration law.
Milan
Hello Mr Milan Korcok,
I heard from a friend, that people who travel to Colombia for more that 2 month will not be allowed enter to Canada, even if they are Canadian citizen. It’s that true ?
He say: “this is a new law from immigration ” and my friend know 5 people who are in trouble to come back to Canada because of this new law.
Carlos:
I know of no such law and there is no such restriction noted in the Canadian government official website as of this morning. There may be other reasons why these people were refused re-entry, but for a Canadian to be refused re-entry to his own country is extraordinary. I don’t know where you live, but there are Colombian consulates in Ottawa, Montreal, Toronto and Vancouver and I am sure they can clear this up for you if you contact them. I will make further inquiries, however.
Milan
Hi Milan,
I wanted to become a part of a ministry in the states for a few months (based in Indiana… I’m from Ontario). Basically the plan was to be gone for one semester (Sept-Dec) touring around with the ministry to highschools across the States. However, the program changed and is now a 9 month program (September – May). Is there ANY way that I can apply for something to still make this happen? I will be 18 at the time and paying to attend as an intern.
Thanks, Marissa.
Marissa:
You have to apply to the U.S. State Department for a visa. This sort of student or intern activity is not covered by the normal six-month allowance for visiting Canadians. You will be either a student or working and that takes you out of the visitors’ category. Yours is not a unusual request though, so you should be able to get a quick answer from your nearest U.S. consulate. I don’t know where you live so I can’t direct you. Good Luck.
Milan
What does the year look like? January to December? If I left in April does it go from April to April? I am a Canadian citizen. I know the rules for health insurance in Ontario….I need to be home 182 days. But if the health care was not an issue would the States allow say 200 days across as a snowbird? Thanks
Lorrie:
The year runs from January 1 to December 3. And you are required to be physically present in Ontario for at least 153 days (not 182) within the previous 12 months–whether you are a Canadian citizen or not. But that has no effect on the U.S. law which allows you up to six months per calendar year (Jan through Dec.) These are two, separate, sets or rules.
Milan
I’m Canadian. as a visitor I can go to US for 182 days (6 months). The other 6 months I stay in Canada as I have a home there and several ties.
I have 3 questions: 1.can I go to US for 182 days and while I’m there can I work for a Canadian company.. via internet (its no difference if I was in working in Canada.. I would be able to enjoy being in the US and make money through the Canada company.. my pay check goes directly into a Canada bank.. and I pay Canadian taxes).. Is this ok?
2. can I stay in US 182 days, work for a Canadian company via internet while in the US, and if I went to school full time could I stay in US all year?
3. if I go to school part -time or full time, can I stay in the US (Arizona) all year ? can I still work part time for Canadian company via internet?
Thanks, Sally (I’m 38 and I would like to go back to school & in US (AZ), I could if I’m able to continue to work for Canadian company via internet while in US.. which would help pay for my school fees)
Sally:
Your first question is interesting but I would need to know more about what you are doing while in the U.S. If, for example, you are interacting with Americans, seeking out clients or selling to them, that would possibly not meet the test. The fact you are being paid directly into a Canadian bank account, does not mean you are exempt from U.S. laws. The visitors allowance is for tourism or visitors only, and if the border agent feels you are becoming more “connected” to the U.S. than Canada, he or she can turn you back.
On the questions relating to studying in the U.S. the answer is No. You cannot study in the U.S.unless you have a student’s visa, and there are many categories of students visas–some full time, some part time, most of them requiring that the school at which you are enrolled is certified to accept foreign visa students. And if it is and you can get a student’s visa, that still does not allow you to work in the U.S.
Milan
Dear Milan,
My parents are Canadian Citizens (74 and 66 yrs old) and would like to spend the winter in Texas USA where my sister and brother reside. My bother is a Permanent Resident in the USA and my sister a USA Citizen.
My brother owns two houses and would like my parents to live in one of them during the months that they are there.
Are my parents allowed to reside in the USA for no more than 6 months at a time and are they allowed to take with them their household items. (furniture, etc)
They own a house in Canada. I know you have to prove that you can support yourself in the USA, they have some little income but my brother will be their sole supporter in the USA.
How can they go about that?
Maggie:
There is no reason your parents can’t spend the winter in Texas with their family “as visitors,” the way other snowbirds do. But no more than six months. If they own a house in Canada and have other connections to Canada and if they intend to return their each year, they should have no problem. However, I would not suggest moving their furniture there. That is clear indication to any border agent that they are doing a permanent move and that won’t be acceptable. I say, forget
the furniture and I would certainly not suggest to anyone that their son will be their sole source of support. The best way to establish that they remain Canadian residents is to file an IRS 8840 form that establishes they have a closer connection to Canada.
Milan
Hi,
I was wondering if you can help me understand how I can stay in the USA for 10 months for an unaccredited course where they do not facilitate visas. So I’m guessing I’d be a tourist allowed to stay 6 months. I live for the past 3 years in Ontario as Canadian citizen, though my Father lives in the USA near to where I plan to study. I don’t mind coming back to Canada for a few days to fly back if needed, but I can’t stay away from the class for more than 3-4 days. Thank you very much for your generosity in offering all this important information to us all. Lisa Canada
Lisa:
You cannot use your Canadian tourist allowance for studies in the U.S. except for the following situation:
“If you are going to the U.S. primarily for tourism, but want to take a short course of study that is recreational, and the course is less than 18 hours per week, you may be able to do so on a visitor (B) visa. If your course of study is 18 hours or more a week, you will need a student visa. When traveling to the U.S. to attend seminars, conferences or a program of study for academic credit then you will need a student visa.”
I don’t know if that applies to your situation, I suspect not. There are many visa categories, I suggest you explore the U.S. State Department–maybe call the U.S. consulate in Toronto and ask them if there are any niches you can fit into. Good Luck.
Milan
Hi Milan Korcok,
I am a Canadian citizen and have a house in Arizona. Figuring out the “rules” around how long I can stay in the USA is confusing at best. There seems to be abundant misinformation out there. I have found your site very informative. I have two questions that I have not seen brought up in this discussion; both I have been told are fact but cannot seem to find confirmation. Firs,t I have been told the 182 days for a Canadian allowed to stay in the USA is during a calender year OR any rolling 12 month period. Second, that during the 182 day period any time returning to Canada must be for a period longer than 30 days for the clock to stop ticking on the accumulation of days. I would appreciate your comments on these two points. Thank you.
Wayne
Wayne:
It’s not complicated. But it’s not totally black and white either because border agents have a lot of discretion in determining who they will allow into the country if they are not satisfied the travellers is legit. The rule is 6 months per calendar year, but if you try to stitch two of those six month periods together the border agent will figure you are trying to game the system and deny you entry. He can do that. The border agent must be convinced you spend more of your time in Canada than in the U.S. and that you have more of a connection to Canada. On the other part of your question, what you may be referring to is the “home for Christmas” rule. If, while you are snowbirding in the U.S. you decide to go home for Christman, or any other reason, if your stay in Canada is for less than 30 days, it will count against your overall six-month allotment. If your stay is for 30 days or longer, it will be considered a new trip.
Milan
Hi,
My company is looking at relocating me from Canada to the US for a permanent position. They will take care of all the legalities and paperwork for me but I am wondering about my girlfriend. She is going to be working as a consultant for companies in Canada only and will also keep her property in Canada. She will be regularly visiting me in the US and staying for extended periods of time. Does she still have to abide by the 183 days or can she stay longer?
Thanks,
Luke
Luke:
So long as she is a visitor, she has up to six months–no more. And if she intends to do any work in the U.S. (consulting is work), she needs a visa for it.
Milan
I am a nanny for a Canadian family that winters in the US. I was here in 2011 for just over 5 months, 2012 I will be here from Jan till mid May and then have to come back in September. My salary is paid by a Canadian company. Do I have to fill out any forms for the IRS or pay taxes in the US????
Natasha:
You need to contact a tax advisor who deals in cross border issues. What you describe is not covered by the the six month visitor’s allowance. If you don’t know of one, I can recommend one.
Milan
Hi, I’m planning to go to the u.s. for a while. According to you, I’m allowed to stay in the states for 6 months max. After i come back to Canada within that 6 months limit, can I go back to the states right away? or i have to stay in Canada for a while before i can leave to the states again? If i have to stay in Canada for a while, how long do i have to stay for?
Thanks,
Linda
Linda:
I suggest your mother take her case to the Ombudsman for Life and Health Insurance (OLHI), a national organization set up to handle grievances such as hers. She will get an independent hearing and it is free. You can find OHLI on the web.
The sytem is not designed to make victims out of its clients. If it were it would not last long. I can’t comment on the fairness of the insurer in assessing your mother’s case as I have not seen all the details and how she answered the questions put to her. But certainly it is important to answer all questions accurately as that is all the insurer has to go on in deciding whether to provide coverage. For that reason I recommend that any senior who has a chronic condition requiring consistent treatment or is on several medications ask their doctor to help them complete their medical questionnaires, even if they have to pay for it.
You ask if there are any insurers who examine applicants medical records before application? No. They couldn’t possibly do that for the 22 million trips Canadians make out of the country each year. They rely solely on the information provided to them in the questionnaires. They guarantee coverage only if the information they were given was accurate, and often that does not come to light until after a claim is questioned and they examine the clients medical record.
Milan
Hi,
I’m sorry but i think your response didn’t answer my questions. I asked:
I’m planning to go to the u.s. for a while. According to you, I’m allowed to stay in the states for 6 months max. After i come back to Canada within that 6 months limit, can I go back to the states right away? or i have to stay in Canada for a while before i can leave to the states again? If i have to stay in Canada for a while, how long do i have to stay for?
I have been reading your answers and would like to clarify with you a point that you made regarding a Canadian citizen residing in United States. My boyfriend lives in Washington State. I have been traveling from Victoria B.C. to stay with him and these visits have been increasing in time spent in the US. Starting the new calendar year in January 2012 if I stay with him for up to 6 weeks is it cumulative to the 6 months allowed unless when I return to Canada I stay for at least 30 days at one time? If I do this does the time clock start over again when I return to the states? I spent 118 days at his home last year. So far this year I’ve been here 31 days. I am retired and have Canadian pension income and own a home in Victoria B.C.
Robyn:
I don’t fully understand your question but the bottom line is that you cannot spend more than 6 months in the U.S. in total in the time frame of one calendar year–that is from January 1 through to December 31. No matter how many times you go back to Canada or for how long you go back to Canada. The fact you own a home in Victoria and you are a Canadian pensioner makes no difference.
Milan
A non-profit Christian ministry has three Canadian workers who came down and are helping man the phones, work with duplicating videos, etc. As I understand the law they will have to return to Canada before 6 months is up from the time they came to the US. They are enjoying their work and would like to stay in the US. They are currently volunteers being provided with Room and Board but the possibility exits to pay them if that would help them qualify for a VISA. Two questions (1) how long do they have to stay in Canada before they qualify to return to the US for another 6 months visit? What is the best type of VISA to apply for in this situtaiton and how complicated is it.
Thanks
Paul
Milan,
It looks like from going back and reading the responses to other questions that you have addressed my first question, you have also raised one I was not aware was an issue, i.e. whether these three men would be considered to be “working” in the U.S. As I said they are not being paid and don’t have any assigned duties they are just staying at this minsitry house and volunteering to do whatever needs to be done. Do you think this violates the law?
What type of Visa do you think would work best in this situation? Where do I start.
I’m not a lawyer and I certainly would not offer legal advice. But from the description of what these men are doing, they clearly are not just visitors.
They have duties. They are getting room and board in return for their “work.”
There is enough of a grey area that you need professional advice now, before they jeopardize their status.
Milan
Thanks, I’ll pass that along.
Looking over the Work Visa’s I don’t find one that would cover someone who comes here to do a job that there are plenty of qualified people in the U.S. workforce who you could hire to do it. I’ve looked at the NAFTA job catagories and the special provisions for employers to hire people from outside the country to do jobs we have shortages of qualified labors to perform here.
So from my limited search there doesn’t seem to be a work visa for someone who has a job offer to come here and do non-skilled labor. Is there any other VISA catagory that I am overlooking that might work?
Can you please recomment a tax advisor for cross border issues so I may direct my question above to them.
Thank you