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.
Just wondering if the year is from January to Dec? Some people say it’s from What ever month you leave the country.Please straighten me out on that.Thanks
Sherry:
If what you’re referring to is how long you can stay out of Canada, the rules are quite flexible and they refer to your provincial requirement that you must spend at least six months of the year at home, in aggregate (five months in Ontario). If you plan on staying out on one trip it means from the time you began your trip to when you ended it. It does not strictly depend on the calendar year. If you’re heading the Florida or Texas, or wherever, you’ve got five or six months (depending on where you live). In reality, before you are ruled ineligible for domestic medicare (which is the provincial rule that governs how long you can stay out of the country) somebody in your provincial authority is going to need evidence that you are making a habit of staying out of the country and they will then average out how long you have stayed out over a course of two or three or more years. That is tough evidence to gather and and almost impossible to prove on the basis of one year’s experience–unless you really are greedy and don’t show up at home for months and months. In that case, the bigger problem for you is that would run afoul of US immigration laws, which only allow you six months (in aggregate) over the course of a year. If a US border agent feels that you are spending more time in the US than in Canada, he can bar you from entry and you don’t want that because it goes on your record and can be used agains you for years.
Milan
When I am counting days for out-of-province reasons, do I have to count the days when I just drove across the border for a couple of hours for a bargain or a meal and returned that same day?
Technically Yes. But don’t get too obsessed with a few days here or there. You are only likely to get stopped if you are a habitual overstayer and you are clearly taking advantage of the rules and you have been doing so for a few years.
Milan
Hello,
Your comments are very helpful.
I am trying to calculate the number of days I have spent in Florida this year, and I have heard it is on a rolling calendar basis. So, if I leave Florida for Canada on April 21, 2011, do I count the days that I have been here from April 22, 2010?
If my number of days is between 170 and 180 on this rolling calendar basis, will I have trouble getting back into the US next November?
Thanks you,
Joan
Joan:
Forget the rolling calendar basis. There are two easier ways to do this. 1) If you stay in the United States (and it’s not just Florida, but any other place you may have been in the U.S.) for more than six months consecutively, you are in contravention of U.S. rules and you may be prevented from entering for a given time, if the border agent notices and makes an issue of it. It’s certainly not automatic that they will do so. 2) Another way is to calculate all of the days you have been in the U.S. in 2010 in aggregate, or will be in 2011, and if it’s over six months, you are also technically in contravention. In the U.S. they go on a month to month calculation–not the actual number of days. So if you have left Canada on April 21, you can stay until October 21, (six months) even though that totals 184 days. But also remember that you must be physically present in your home province for a given period to remain eligible for your medicare. In most provinces that is 183 days. In Ontario its 153 days, in Newfoundland, four months).
Milan
Honestly you may want to research this more then asking people online, i see alot of monkey see monkey do online, you hear from one perosn, tell the next without doing any homework. no offence to anyone, im in the same boat, but just do more research on this.
http://www.grasmick.com/snowbird.htm
“Discard this common misconception: “As a snowbird visitor, immigration rules force me to go back to Canada for six months before I can come back to America. I can only stay in the U.S. six months a year.” This is false. There is no immigration prohibition against leaving and returning right away. Of course, without a green card, Canadians cannot intend to reside permanently in America. If you keep turning around and coming right back without staying in Canada, immigration may assume that you have permanent intent. Nevertheless, there is no automatic obligation to wait six months in Canada. (Tax rules may differ.) ”
M.
Hi Marcus. I read your response re snowbirds not having to stay in Canada for 6 months before returning to US. I was under the impression that since I spent 6 months in US I cannot return until I’ve been in Canada(home) for 6mos. Are you saying I can go back even after only 4 mos or so?I thought border patrol would not allow me in. Thank you for your help.
Hi,
I have read all of these Q & A’s and am still confused! I live in BC but am planning on spending part of each year in Panama. I know that, due to medical you have to only be gone from Canada for six months but do you then have to stay right in Canada for six straight months? Or can you just go back for three or four months and then your six months away starts over again? Also, my concern is not the medical coverage but my Old Age Pension. I have heard that you can only be away from Canada for six months or they will take away a portion of your pension. So I have the same question again. Does that mean you have to stay in Canada for six consecutive months per calendar year or just that you can’t be away from Canada for more than six months at a time?
Larke:
I don’t know why you are still confused after reading this answer dozens of times. But here we go again: You must reside in B.C. physically for a total of 183 days per calendar year. A calendar year is from January 1 to December 31. You can do that in one stretch or in severaL shorter ones. There is no requirement that after you return from a trip you have to stay in B.C. for six months.
As for your old age pension, I am no expert on that but I believe that so long as you are entitled to receive your old age security, you can receive it whether you live in Canada or not. Temporary absences will have no effect on that.
I am more concerned that you didn’t ask about travel health insurance to cover your stays in Panama. If you get sick in Panama and you want to get back home to B.C. it’s going to cost you an arm and a leg–if you have the good fortune to be able to secure a hospital bed in B.C. when you need it.
Milan
I just got off the phone with Caitlyn from US Customs and Border Protection (was on hold for 38 minutes). She said that to be on the safe side, Canadians should stay no longer than 180 days in the U.S. in any given year. I asked about a rolling year or calendar year and she said that was totally at the discretion of the Border Patrol Officer. Some use a calendar year and some use October to October for example. She made it VERY clear that the specific agent you get is the boss and whatever formula he uses is the right one, so don’t go over 180 days. She said she has heard of Canadians being denied access for up to 5 years as a result of going over our allotted time.
Hope this helps… Milan has already answered the question 62 different ways, so my 2 cents are pretty redundant.
Jeff:
Very good advice. The agents think in terms of months, not days, and you say six months–most people think in terms of 180 days. But it is also true that border agents apply their own standards, because the legislative language that established these rules allows such leeway, and it referred to months, and not days.
In 2010 we spent 171 days in the US in addition to this we flew to Costa rica from the US and spent 14 days there.
2 Questions
1/ Do the 14 days get added to our US stay, because we flew from the US and not Canada?
2/ Have we not met the requirements t retain our Alberta Health Care?
Dan:
The 14 days will be considered part of your US trip, as you left from a US destination. Our friends at the Canadian Snowbird Association, who also study these issues, add that you must stay out of the U.S. for more than 30 days in order to have these side trips deducted from the U.S. total. As for your second question, technically, you will have contravened the Alberta Health Care residency reguirement as you will have been out of your province (note the word Province) for a total of 185 days. Let’s hope you don’t have any nosy neighbours.
Milan
If I went home from Florida for a week to 10 days over Christmas can I start my time over again. I do not plan to stay for 6 months more but I would like to add a few weeks on before going back to Ontario.
Laura:
That all depends on how much time you spent in the U.S. (not just Florida) before you returned to Ontario for Christmas. If you spent a full six months in Florida–then returned for a planned long stay a couple of weeks later, the U.S. border agent might get very suspicious you are spending more time in the U.S. than Canada and give you a problem. If you only spent a couple of months in Florida before Christmas and said you were returning for the remainder of your vacation, you wouldn’t have a problem. Do your calculation: how many days in total have to spent or do you plan on spending in the U.S. in each of the two years you are referring to. If it’s more than six months in either of those years–you have overstayed. One other thing to be careful of, if you spend more than 212 days out of each or either year out of Ontario, you risk losing your OHIP benefits.
Milan
Milan, you seem very knowledgeable on this topic, the OHIP things is a big factor of course.
Thanks!
Hi there,
If I spent 6 months in the us and would like to return fora graduation in September (only back to Canada for 5 months) can I return for a week then
Sheila,
I assume, since this is only April, that part of the six months you spent in the U.S. was attributed to 2010. In that case, since you have not used up six months this year you should have no trouble going to the graduation in the U.S. for a week. If in doubt use this rule of thumb: don’t spend more than six months in the U.S. in any given year, either in one consecutive stretch or in shorter individual segments. And don’t try to cram in a six month stretch at the end of one year with another six month stretch at the beginning of the next. There is no rule that says you have to spend six months in Canada before embarking on another trip to the U.S., but don’t give the border agent the impression that you are spending more time in the U.S. than in Canada. Border agents have a lot of authority, and if something doesn’t smell right to them, they can turn you back and there’s not much you can do about it.
Milan
I was wondering if the boarder is going to give me heck for being out of Canada and in the US for 5 months.
I am ready to head home and is just wondering if they are going to to wonder why I was out longer then what I had told them. But I will be entering Canada from another boarder crossing then the one I had entered the US. Will they have problems with me bring back more clothes and stuff then what I had came down here with.
Penny,
You are allowed five months in a year in the U.S.so you should have no problem. As for what you are bringing back, so long as you didn’t exceed your Canadian allowance for purchases, or are not bringing anything illegal back, you should be fine. The U.S. allows you to be in the country for up to six months a year, either in one continuous stretch or in smaller segments. Remember that if you go back to the U.S. again this year.
Milan
I don’t understand the rational behind travel limits imposed by the Provinces.
If I am paying my B.C. provincial medical premiums, but not taxing the system (private travel insurance) when travelling in the US through winter, why should I be limited with travel within Canada for the balance of the year. I still require out of Province privateTravel Insurance while travelling in Provinces other than B.C.
Can you clarify for my husband & I.
Tks in advance
Jo-Ann:
These are political decisions: so don’t look for common sense.
But if there is any rationale, it goes something like this: Since the days when medicare was established in the 60s, the provinces retained the
jurisdiction over health care, therefore it was their choice to set the eligibility criteria and they decided that medicare would be available only to permanent residents of their provinces. How do you define permanent residents? Those who live in the province at least half a year (183 days), except for Ontario which requires only 153 days and Newfoundland 122. You also must have a pemanent residence, etc. etc. in the province. In B.C it’s 183 days. It’s not a matter of taxing the system, so much as it is defining eligibility and that is a provincial call. Its part of the Canadian Health Act and its predeccesor Medical Care Act. Some provinces, Quebec, Saskatchewan, Manitoba allow some additional short trips beyond the six months, but B.C does not. Still, so long as we don’t have border cop at the provincial boundaries there remains some flex. It seems to me the common sensical thing would be to consider permanent residency the address from which you file your federal and/or provincial income taxes, but that would be too simple, and bureaucrats don’t now how to handle simplicity.
Milan
Hi there…My husband and I are heading home to Canada. I do know we are allowed 1 40oz. bottle each. My question is, if I wish to take more than the one bottle home, how do I know how much the duty would be on each extra bottle. I sincerely would appreciate hearing from you. Thank you.
Now there’s a good question I can’t answer. Can anybody help me out? I do know this: you not only pay the Canada duty, but the provincial tax at your point of entry and that varies from province to province. So it will differ. But given what I know about the montrous price of liquor in Canada, even with those duties, it will be a lot cheaper. I can still buy a bottle of Canadian Club in Florida for far less than half theprice I pay in Toronto. One thing I do know for sure: don’t try smuggling it your golf bag or any other such conveyance. It’s almost a hanging offence.
Milan
As an example – I go to US on Oct.12 and return Dec.9. Then I return to US on Dec.31. Now, how long would I be able to stay in the US now. Can I deduct the 3 weeks from my 6months. If went to the US on a 1 week visit in the summer, how would that affect a return in Oct..
Jean:
It depends on your province. Tell me which province you are from.
Milan
Hello
I’m Canadian. I’ve been trying to find information that I’ve seen on a Canadian government website that says you can apply to be out of Canada for two years or two and one half years every five years. Do you know where that is written on a Canadian government website and how to apply.
I understand about provincial health care and purchasing health care while I’m not in the country and for 90 days upon my return to Canada, but really want clarification on the rules for not being present in Canada for a continual duration of time.
great Q&A by the way
thank you for your time.
Marilyn:
All such rules are provincial so don’t look for the Canadian government to give permission. I know of no province that will allow you to be out of the country for two or 2.5 years out of every five and still retain your medicare. If you look at the current post on applying for long absences, you will see one year is the maxium and that is only allowed every few years–it varies from province to province. The exception is if you are a student, or are posted overseas for work, but even those folks have to return home occasionally. The point is that each province varies and you must call your health ministry (I don’t know which province you are from so I can’t be more specific) and ask them where to apply. But you must deal with your province of residence–not Ottawa.
I don’t understand the second part of your question. Perhaps if you tell me which provnce you are from I could guide you better.
Milan
In Quebec you can stay away a full calendar year every seven yrs
Edi
Only if you first apply to the Regie and get permission ahead of time. And this is not available for routine snowbird type vacations. If you stay out for a year without having permission you can not only be in deep trouble with Regie, but with the U.S. government, which allows you to be in the country as a visitor for no more than six months per calendar year.
Milan
Milan
Thank you for your response. I understand re the provincial rules and health care, however, I would not want to continue my B.C. medical while away. I live in B.C. I would purchase other medical coverage where I was.
I read recently on a government of Canada website that I did not mark (unfortunately) regarding the length of time (years) you could be out of Canada. This in in regards to maintaining citizenship, but not to do with maintain your permanent residence card. It was speaking about whose who have citizenship. It has nothing to do with provincial medical coverage, so I likely have the wrong forum to ask my question.
But, from what I recall is that if you make application you may be permitted to leave Canada for either a 2 yr or 2.5 yr duration in every 5 years, as long as you are in the country 1095 days out of the 5 years. A friend who recently purchased a home in Arizona first spoke to me about that rule and I did find it on a government website, but can’t locate it again.
Marilyn
Marilyn:
If you are a Canadian citizen at this time, you can stay out of the country for as long as you wish and you will not lose your Canadian citizenship. You don’t ever have to go back to Canada but you will still be a Canadian citizen. I am a Canadian citizen and I haven’t lived in Canada for over 30 years. I am also a U.S. citizen. One does not cancel the other out. And as a Canadian citzen you can always go back and reclaim you life as a resident of B.C. by living their consistently for three months. It’s that simple. The bigger question for you is where do you plan on going to live while you are out of Canada? YOu can’t just come down to the U.S. or any other country, for that matter, and set up permanent residency without going through a very rigorous and time consuming residency process. Getting a green card in the U.S. can take years. Any other country will allow you to stay as a visitor only for a relatively short period, usually 90 days, before you have to get a visa and file for permanent residency and that means getting a job there first.
As for getting health insurance in a foreign country, that can be difficult unless and until you are a permanent resident. You can get some health insurance as an expatriate from Canada, but its benefits are quite limited and it can be quite expensive. I don’t want to be a downer, but moving from one country to another takes a lot of planning and it sounds as if that;’s where you need tro put your energies. But don’t worry about your Canadian citizenship. That’s yours no matter where and for how long you go.
Milan
How do you report someone who over stays their time in the US?
Dennis:
Do you mean report them to the US authorities for contravening U..S immigration law, or report them to their provincial authorities for overstaying their out-of-country allowance? These are two separate issues with two separate authorities.
Milan
Both, US authorities for contravening U..S immigration law, & report them to their provincial authorities for overstaying their out-of-country allowance. Or send me the web address of where to go. Thanks.
Hi Milan,
I have a question about my mother who lives in Calgary, Alberta, and would like to come stay with me in the united states for one year just to help me out with my newborn child. Would she lose her health care benefits in Canada if she stay out of Canada for longer than 6 months? She has been living in Canada for over 15 years and has never been leaving Canada for longer than 6 months each calendar year. I just don’t know if the 3 months stay in Canada to reclaim her residency will also help reclaim her provincial health benefits as well.
Hope you can tell me more about this. Thank you.
P.s. My mother is in the states now helping me with my newborn and she has been here for for 4 months already.
Cammie
Cammie:
Alberta allows longer stays–up to a year– in special cases, but your mother would have to apply to the health ministry.
Since she has not travelled out of the country frequently in the past few years she might well qualify. Call the ministry and ask about special long-term out of province stays.
Milan
Milan,
Thanks for your prompt response. I really appreciate it . Will call the Alberta health ministry to find out more and hopefully my mother will be able to stay longer.
Here comes another question. If my mom can stay longer, is it true that she can not stay in the states for over 6 months without applying for some sort of visa? And does it mean if she stays for less than 6 months, she is okay.
Please advise.
Thanks again.
Cammie
Cammie:
Your mother is allowed to stay in the U.S. as a visitor for up to six months per calendar year. Anything over that and she is technically in cotravention of U.S. law. So when she goes down, it is best not to give the impression she is going for longer than six months. If, however, she goes down for six months this year, then returns to Alberta for a few weeks or a month or two, and goes back down for another few months on her 2012 quota, that meets the six month per calendar year quota. I must also caution that she should be prepared to show the border agent that she has a permanent residence of Canada, that she fully intends to return, that Canada remains her tax home–in case he asks, but only if he asks.
Milan
Hi Milan,
Do you mean my mother can use the 2012 quota in 2011, so that she can stay in the states for over 6 months, but need to go back to Canada for a little bit soon after the first 6 month period before she can come back again for another 6 months?
Please advise.
Thank you.
Cammie
Cammie:
No. What I mean is that she is allowed 6 months maximum in 2011 and six months maximum in 2012. She can’t combine two quotas into one year. But you still have seven months in 2011, so she won’t be able to finish out the year with you if she leaves in early June. Also, it is not a good idea for her to use the 2012 six-month quota immediately after using her six months in 2011, without going home for at least a short time. A U.S. border agent would get very suspicious if she appeared to be heading down for 12 continuous months. She is not in a position to argue with a border agent about her “right” to quotas. As a bottom line: she should not try to enter the U.S. for one continuous year without returning home for at least a few weeks or a month or two.
Milan
Hi, we left BC on Nov 10th 2010 for AZ and got back to Canada on April 3. 2011 all most 5 months, would it be ok to do it again on the same dates. We heard that you should get an IRS form saying you do live in BC and own a house etc anything to that please let us know thankyou Lanny& Yvette.
Lannie:
Yes to both your questions. You can do it again the same way next year as you have not contravened the US six month rule.
And absolutely Yes: Do file the 8840 Closer Connection form with the IRS. The questions are simple and they clearly substantiate that you are a Canadian citizen with roots in Canada and do not pose a threat as an illegal. The 8840 should be filed each year. Carry a copy with you when you cross the border. All snowbirds should do this routinely. Now, to get the form all you have to go is go to http://www.irs..gov , and at the top right hand corner you will see a search box into which you type 8840 Closer Connection. Print out the forms, they’re free, and you’ll know you’re doing it the right way.
Milan.
Thankyou very much thats great we will do that. Lanny&Yvette.
Hello,
We have a home in California which we purchased last year. We spent l75 days in the US up to April 8 of this year. We plan to do this for as many years as our health allows. We recently sold our big house and have bought a townhouse. The dilemma is that our new townhouse will not be completed until the end of January 2012. We must be out of our current house at the end of July and so we will rent something until we go to our house in the US in mid October 2011. If questioned at the border, will the border agent accept the contract for the new house (we gave a sizable deposit) as a reason for us to have a closer connection to Canada? We have filed IRS8840. All of our bank accounts, investments etc are in Canada. Thankyou, Margaret
Maggie:
I am not clear on your question. You say you have spent 175 days in the US this year up to April 8. That’s not possible as that would account for only 98 days “this year.” Consequently you should have no problem meeting the six month quota requirement when you return to the U.S. in October. But keep it within six months “in the calendar year.” Remember that runs from Jan 1 to December 31. And the six months can be in one continuous stretch or in several shorter segments. Now, I assume that when you sold your big house and moved (or will move) into a townhouse in July, you meant in your home province, not in the U.S.? It sounds as if you are concerned that by transitioning from one home to another, with a rental in between, you are concerned about jeopardizing your Closer Connection to Canada. That should not be a problem because whether your permanent home is owned or a rental doesn’t matter so long as you can prove you have other strong links to Canada. That’s what the 8840 is designed to find out, and just the fact you have already filed shows you are aware of and are properly complying with U.S. law carries a lot of weight.. That is to your credit. One never knows what a border agent will ask, but I doubt you would have a problem establishing that you intend to return to Canada. Take your paperwork with you, but let the agent ask the questions first before you overload him with information.
Milan
Thanks for your prompt reply. I guess I was a little vague in my note. I meant we spent from Oct 11/2010 to April 8 /2011 in the US. We have sold our big house in B.C. and will rent until Oct 15/2011 when we will depart the rental and go to the US for our usual winter retreat. Our new townhouse will not be finished until the end of January 2012. We will then come back to Canada and do the move etc and probably be back for a month. I guess we are worried that we won’t really have a residence in Canada (except for a construction site) when we cross the border. We will carry the paperwork of course on the new residence but we were wondering if an inquisitive border agent could give us a difficult time. Thanks
I AM A RETIRED CANADIAN SENIOR LIVING IN ONTARIO AND MY AGE IS 89… I OWN A HOME IN TAMPA AND WOULD LIKE TO MOVE THERE ON A PERMANTENT BASIS..
WHAT ARE THE RAMAFCIATIONS OF THIS MOVE AS FAR AS TAXES,, OHIP,, AND CAN I GET 12 MONTHS OF OUT OF PROVINCE HEALTH INSURANCE.
THANKS
JANE
Jane:
Unless you have family in the U.S., or you have an ironclad job offer–which at your age is not likely–your chances of
moving to the U.S. as a legal, permanent resident are minimal. Even job- worthy young people have a tough time getting a green card, and it takes such a long time I would not consider it if I were you. If by some magic you were able to make the move, you would lose your OHIP, you would be subject to all the normal taxes Americans are subject to, and though annual out of country health insurance plans are available, I doubt you would qualify at your age. Most of them cut off at about 65. Sorry I couldn’t give you better news, but that’s the way it is.
Milan
All of my qusetoins settledthanks!
What I was wondering was how do they know, as far as I know, they don’t do a count when you leave. You don’t pass immigration and they don’t give you a stamp when you leave.
Sydney:
Great question.
U.S. immigration and customs authorities have for years been working on a system to check out visitors and other visa holders just as when they check them in. They have been working on various technologies but nothing has yet been implemented. But that doesn’t mean they are powerless in tracking your stays in the U.S. Because of tightened border security there is increasing sharing of data between Canadian and U.S. border authorities, so though you may not be “checked out” by U.S. border agents, you are “checked in” by Canadian agents. If, for example, you are travelling with a passport, the stamp clearly shows when you left the U.S. and entered Canada on your last trip, or even over a period of years. If you’re travelling by air, border agents can see the date of your return trip. Or they can check on the effective dates of your travel insurance. There are many other such paper trails that can document your travel patterns, and it makes no difference that you enter the U.S. at one border point and exit at another. The click of a computer key can handle that. Just remember that if they catch you contravening the rules even once, or even suspect you may have done so, they can ban you from entry for several years–depending on the infraction– or for life.
Hello Milan,
You seem to know a lot about this issue. I have a question, I went to the US on Dec 13, 2010 and just got back on May 9th. I wish to go back to the US on June 9th. Does the 6 month clock reset because I was away for a month? Do I have to stay in Ontario for 212 days consecutively in order to maintain my OHIP? Your expert advise is greatly appreciated.
Thanks!
Christina:
First of all understand that Ontario does not require you to be in the province for 212 days (seven months) in a year. It allows you be out of the province for 212 days and it requires you to be in the province for at least 153 days in any 12 month period. That 153 does not have to be consecutive. Ontario does not run its clock on a calendar year basis as most other provinces do, but on any 12 month period. If you left Ontario last December and returned in May, you used up about 5 of your seven month out-of-country allotment for the past 12 months. Are you still with me? If you go to the U.S. in June again, you can’t restart the clock from that point. You will have about two months left before you must return to Ontario. The simplest way to do this calculation is to ask yourself at any given point: “Have I in the past 12 months been out of Ontario for more than 212 days.” If so, you risk losing your medicare.
And another thing: if you’re spending that much time in the U.S. you’re contravening U.S. law which only allows you 182 days per calendar year. And if they catch on to you, they can ban you from entering for a number of years, or life. Definitely do the math.
Milan
I am a Quebec resident and would like to travel to the United States every two weeks while keeping my medicare and all other social securities. If I am unemployed, is this possible? If on unemployment am I allowed to travel into the U.S.? My boyfriend resides in Texas and is undergoing Chemotherapy and I would like to be there for him for as long as I can.
Thank you for help
Carla
Carla:
Your unemployment status doesn’t matter to the Quebec government, so long as you don’t stay out of the country for more than 182 days per year–although Quebec is quite generous in allowing short trips. But your unemployment might be a problem to the U.S. border agent who likes to make sure that people entering the country have substantial reason to return home and are not looking to get into the U.S. to work illegally or for other reasons. You might want to have some proof that you have a permanent residence in Quebec or family ties or other guarantee of returning home. I am also concerned tha tyou say your boyfriend resides permanently in Texas. That might be a tip off to the border agent that you might plan on staying in the country beyond your 182 day quota.
Be careful and be well prepared with documentation.
Milan
Hey everybody…. I know it might sound random…
Thank you!
I’m not a canadian. I’m an artist from Romania( currently signing my deal in the states) but I was on a tourist visa and i stayed in the states for 6 months ( with a 2 month extension) …. I got back home because my label was not ready with the papers for my O1 visa … and so I’m here home waiting to go back ASAP in the states whenever is possible. Any ideas how long I need to stay home in RO before I can go back? i know each country is different .. but i can’t seem to find answers and my producer is Canadian .. he said i need to stay 6 months in the country of origin…. but my immigration attorney said it depends on how lucky i am… lol…. he said ” u can come back in less then 3 months, they can let u in or deny ” …. PLS help!!!!
Angelika:
It sounds as if you are in the process of seeking a visa to work in the U.S. in which case you need professional advice as different visa categories entail different rules. The fact your producer is Canadian makes no difference. Also, the fact that you were working on a deal in the U.S. while you were there on a tourist visa contravenes U.S. law. You’re not allowed to do that under a tourist visa. So before you make any further application to the U.S. I suggest you get an immigration attorney.
Milan
Hey Milan, Thank you very much for your response…. I had a singing competition and after that i did a few auditions at the record labels!
my manager said that auditions is not consider work as It’s not payed… and that’s the only way u get labels interested in signing you…. so after that i came back home… and the label is putting together a deal4 me !!!! 
)) I’ll guess i’ll just wait.. and get in touch with an attorney! Thank u a lot!
We go across to the USA frequently for gambling at local casinos..
i cannot begin to count the amount of small trips we have taken for the day.
Add that to small vacations we make…how the heck are we supposed to add
all these days up?
And is this what we have to do….1. in a calendar year or 2. in a fiscal year?
Laurie:
If you spend that much time in the U.S. you better start adding up the days. All you need is a calendar and a pencil. The U.S. allows you a total of no more than 182 days in a calendar year. Since I don’t know where you live in Canada I can’t tell you definitively how long you are allowed to stay out of your own province–provincial rules differ. Let me know, and I’ll tell you.
Milan
we HAVE kept track…what is causing the confusion is that all these one day trips
have just been advised that they count….and we were doing it based on last may to this may..
and now thru reading this …is it january to january?….calendar year…..this would change everything
for us…
Calendar year means January to January. I presume you are asking about the U.S. requirement and not your province’s requirement that you must spend a given period in your province in order to remain eligible for your medicare. Your question is not clear on that point.
Milan
we are from b.c…..we know that we must spend 6 months in canada..what i am asking is
whether the us time away is based on calendar year or fiscal year…as in today may 25 to
may 25/2010
Laurie:
Calendar year: January 1 to December 31.
Milan
Hi Milan,
I recently went to the US for 5 months. I left in Nov and came back in April. My transportation was by plane, but when I first left I told them I was going for 2 weeks, however; I ended up staying for longer. Is this considered an overstay in the US? Also, do you think it will be a problem if I was to go to the US again anytime soon or should I wait for a little while before trying to enter again? What does overstay mean or consist of? When you leave do they put how long you leave in the system for? I’m wondering because I want to make a trip to the US again but this time only for a few days or a week long trip. I just don’t want any problems at the border for questioning.
Thank you.
Susan:
If you don’t want any problems, don’t tell them you’re going for two weeks and stay five months. That is very suspicious. If I were a border agent I would think you got a job and decided to stay for the season, and that’s definitely not allowed. You are allowed six months in the U.S. per year, from January 1 to December 31. According to my calculations you have already exhausted three to four months (depending when you returned in April). for this year. I don’t think you should have a problem returning to the U.S. because you did not overstay the six month limit. But the way you did it can get you into trouble in the future. And if you do work without visa authorization in the U.S., you can be banned from entering the country again–ever.
Milan
Milian:
Thank you for your help and response. I really appreciate you answering my questions. Helped me in what I will be expecting next time I go across the border. Yes I understand that if I was to work in the US without a visa and the US finds out I will not be allowed in the US again. However, I wasn’t working in the US. I have a steady job here in Canada. Hope there won’t be any problems! Thanks again.
I spend the winters in Florida and count up all my days so that I do not stay more than the 182 days allowed. I was in Florida from Jan1 to April15, then am going June 17 to June 26 and Aug, 26 to Sept 5 for a total of 136 days. We are booked on a cruise from Oct 21 to Nov 2. My question is do those days count?. We leave from Ft Lauderdale but are cruising in International waters and the ports are not all US ports. I want to stay as long as possible till I come home for Christmas.
Sharon:
If your cruise is for less than 30 days, which yours is, it will count as part of your 182-day quota regardless where the ship sails.. If the cruise was for more than 30 days, it would not.
Milan
Milan,
Could you please provide further details? Why would it not count if the cruise was longer than 30 days?
Thank you.
Gisele
Gisele:
Never try to figure out why bureaucrats do what they do. That’s just the rule. Maybe it has something to do with trying to discourage border hopping and being able to keep track more easily. But that’s just my guess.
Milan
I normally spend my alotted time in the US every year, but this year a planned simple surgery turned out to be cancer and I found myself undergoing chemo/radiation and overstaying my 183 days. I will be well enough to travel (I drive home alone) sometime within the next six weeks but will have to be back for follow up middle of November. This means that I will have spent nine months of 2011 in US. I would like to evoke the year away provision but how do I do that since I am already in the US. I am a Canadian citizen and live in Nova Scotia.
Thank you for your help. Your information is the best I have seen.
B. Ross-Ford
This is far too complicated a case to deal with in one question, but I will set some guidelines. First, I assume you are paying for this cancer/chemo therapy in the U.S. out of your own pocket as I can’t image any travel insurer doing so. Certainly the Nova Scotia health ministry wouldn’t be paying for this unless you have advance authorization from them. Also, invoking the special one-year absence retroactively is something I have never heard of. When you realized you would not be able to return on time, you should have notified the Nova Scotia health ministry to advise them you would be out of the country beyond your alloted stay. You may already have risked your eligibility for medicare in that province. If I were you, I would contact the health ministry immediately and try to sort this out. I hate to dump more bad news on you, but by staying in the U.S. much longer than your allotted 183 days, you may have a problem being re-admitted next November. There are some provisions for extending your stay shortly after a medical emergency, but it doesn’t sound as it chemotherapy–which is not a medically emergent situation–falls into that category.
Milan
Milan
Gosh, when you have just been told you have a high risk cancer it sure feels like a medical emergency. I would so have loved to be treated in NS for so many reasons – financial, support system, etc. When I got the news I called my GP in NS only to find that the office was closed for winter vacations. I found it was impossible to make any treatment arrangements with an oncologist in NS without the intervention of a family doctor. I felt the only option I had was to get my treatment here which was far from pleasant since I am alone here and radiation and chemo isn’t something you would choose to go through alone.
Because I was a US resident from 1969 until 1989 (when I married a Canadian and moved back to Canada) I am a medicare recepient – however, it has still cost me thousands of dollars out of pocket which will be reimbursed by no one and in the interest of saving my life, I accept that expense.
From 1989 to 2004 my late husband was working and we did not leave Canada at all. After his retirement we came to Fla. for our allotted time until his death in 2007 and I have continued to come on my own. I have searched for an email address for the NS Health Ministry and been unssucessful . Can you offer any information on that? While I would want to stay with the same oncologists, if I can’t come back in November I will have to make other arrangements for follow up.
Sorry this is so terribly long and I really appreciate your input. Thank you.
B. Ross-Ford
I agree. Cancer does sound like an emergency and you do what you need to do to deal with it. For clarification: travel insurers only consider something that needs immediate treatment and stabilization that cannot wait until you can get home, an emergency. If you can get home, it’s no longer an “emergency.” Travel insurance does not pay for continuing or ongoing care such as chemo: that’s why I said I could not imagine an insurer paying for your care. You are lucky you had U.S. medicare as that covered at least the basic costs
Here is an email address that will get you into NS department of health– DoHweb@gov.ns.ca
Milan
Milan:
You have been so helpful.
Thank you,
B. Ross-Ford
I am a Canadian snowbird who owns rental real estate in the USA and thought your readers might like to hear my thoughts about my investigation into USA tax law, as regards snowbirds who travel to the USA for extended periods each year.
If Canadian snowbirds (retired persons) stay for 4 months or less, on average, each year in the USA then they are designated as non-residenta aliens and will not not have to report their worldwide income each year to the IRS. By comparison, resident aliens must report their worldwide income to the IRS.
For a more exact determination of your non-resident or resident status, you might like to look at the following IRS graph which determines if you are a non-resident alien or resident alien for USA tax purposes. Please see http://www.irs.gov/publications/p519/15023t02.html .
and IRS publication
http://www.irs.gov/publications/p519/ch01.html#d0e437
If Canadian snowbirds, on average, plan to stay in the USA for more than 4 months each year (for more than 3 years in a row), then one should be mindful of the USA income tax law that may capture you as a resident alien, if you don’t fill out and file IRS document 8840 each year. Document 8840 states that you have a “closer connection to a foreign jurisdiction”; namely, Canada. By filling out this form, you are asking the IRS to keep designating you as a non-resident alien because you have a closer connection to Canada than the USA. Therefore you will not be subject to reporting your worlwide income to the IRS.
However, also be mindful that if you stay in the USA for more than 182 days in any calendar year, you may be captured as a resident alien and be subject to reporting your worldwide income to the IRS.
So, if one is planning to stay, on average, more than 4 months each year in the USA (for at least 3 years in a row or more) , it behooves that person to religiously file IRS form 8840 each year, as a big part of proving that you have closer ties to Canada than the USA., and are therefore a non-resident alien and exempt from reporting your worldwide income to the IRS. You will, of course, still have to report to the IRS, any income obtained from renting out any of your USA owned real estate. The IRS rules state that If you don’t file form 8840 by the USA tax deadline each year, then you are precluded from relying on it after the fact.
Response from S.L. Richard Brunton, CPA, Boca Raton, Florida-based international tax advisor.*
Mr. Duncan’s summary on TIF regarding U.S. residency for U.S. income tax is essentially correct. However to avoid your unwittingly becoming a U.S. resident alien for U.S. income tax it might be helpful to provide the exact U.S. income tax residency rules. If you are a non-U.S. citizen you become a U.S. resident alien if you:
1) Meet the “substantial presence test” and do not file a valid Form 8840 (Closer Connection Exception Statement) by the deadline, or
2) Possess a green card (even one for which the card itself has “expired”), or
3) Elect to be a U.S. resident.
The “substantial presence test” is a fractional computation of the numbers of days you are in the U.S. over a three year period. Certain individuals can ignore some of the days.
Also, for clarification, even if you are deemed to be a U.S. resident alien under rules 1) or 2) above, you may be able to file a nonresident tax return in the U.S. under the provisions of the tax treaty. In this case you would not be subject to U.S. tax on your worldwide income (only certain U.S. source income) although you would have to disclose your worldwide income.
Be sure to consult an international tax expert before proceeding.
You may reach Mr. Brunton through this website or directly via rb@taxintl.com
From Ontario. We go to Texas for our 183 days and now it is increased to 212 days. How do I get permission to stay in the US the extra time. We own a resort in Northern Ontario and are open May long weekend to Thanksgiving. It would help us to not have to come home and face snow in April if we could swing a few extra weeks.
Lia:
The Ontario health ministry only allows you to extend your 212 days to a year, or sometimes longer, by special application–once every five years. And then they require you to spend a longer period at home for several of the next few years. In short, that extension is for special circumstances and not for the kind of flexibility you’re looking for. Now if you want to move to Newfoundland, you can stay out of the country eight months. In that respect Ontario and Newfoundland are the most generous.
Milan
Thank you for all the good info on this site .
Question – ( Just curious about this ) How is the citizenship of a child born on a ship determined ??
Robert:
That depends on the citizenship of the parents and the registry of the ship as well as the location of the ship. Too many unknown variables to give you an answer. But if the baby is born to Canadian parents and is on a Canadian ship, the child will be Canadian. Also, some countries will rfecognize dual citizenship, others won’t. If you can be specific, we might find the answer for you.
Milan
I hold dual citizenship Canada & Mauritius. My permanent address is in Ontario, canada. I’m just finishing 3 months vacation in Mauritius (place of birth). Going back to Canada on 27th July 2011. What do I use, Calender year Jan-Dec or Rolling year? I left Ontario on April 27th 2011. If the calender year applies, how long can I stay outside Canada, in Mauritius if I decide to travel back in the fall/winter of this year? What are my other options?
Now I’m collecting CPP & OAS + I have OHIP. I don’t want to lose any of them.
Thanks,
Awaiting your reply,
Laval
Laval:
For Ontario you use a rolling year–you are allowed to be out of the province for seven of the past 12 months.
Milan
Lots of good info here. However, I was surprised to hear the time restrictions that you can be out of your home province extend to other provinces, i.e, if I live in B.C. and want to spend six months in Mexico but stop over in Ontario for a month, I can no longer stay six months in Mexico because the one month in Ontario counts towards my six months out of BC. How does BC Medical know I was in Ontario for a month, since there are no border crossings?
Rachel:
You’ve got it right. B.C., requires you to be physically present in B.C for six months in the calendar year. If you decide to take an additional month in another province after staying in Mexico for six, you are technically in contravention of B.C’s rules of residency. You can either forego your additional trip to another province or stay a month less in Mexico, or trust that nobody will find out, which may be a pretty good bet. Some provinces give you a little additional time: Saskatchewan, Manitoba and Quebec allow additional short trips in addition to the six months but B.C. doesn’t. How will they know? I agree its tough to monitor that–unless you have a very nosy neighbour or an envious relative–but I’m just giving you the rules.
Milan
Thanks very much, Milan, appreciate it.
I am a Canadian married to an American who has a permanent residence card for Canada but remains a US citizen. I collect Social Security like he does…and we both have medicare in the US. when we reside in Ontario for our six months we use OHIP for medical. Are we breaking any laws?
No problem. So long as you are legal permanent residents of Ontario and you reside there for the required time (in your case five months) you are entitled to OHIP. You are also entitled to use medicare when in the U.S. as you paid for it.
Your husband’s U&.S. citizenship makes no difference.
Milan
Milan,
Could you please clear up a few questions for me. One is regarding the 6 month rule in the USA for Ontario residents. I left for Florida on December 18th 2010 and returned to Ontario on April 29th 2011, a total of 132 days. I then took a short visit to New York City on May 18th 2011. Do the days from April 30th to May 17th (18 days) count toward my time in the USA despite returning to my home province before entering the USA again? Second, is the clock wiped clean on December 18th 2011 and does it start ticking again December 19th 2011 or the calendar year of January to December 2012?
I have heard that one has to wait 30 days before re-entering the USA even for a single day of cross border shopping…..if they don’t wait the 30 days then that one day can actually count as the number of days since their last visit plus the one day of shopping. Let’s say they only waited 14 days between cross border shopping trips plus the one day of shopping, is this considered being in the USA 15 days of the 182 day total? Third, do you count the day of departure from Ontario AND the day you leave the USA as 2 days in the USA?
Thanks
Looking forward to your reply.
Stefan:
Your trip to Florida for 132 days is one trip. Your trip to New York, another. The days between April 30 to May 17 spent in Ontario do not count as part of your U.S. 182-day allotment. Your days in the U.S. are counted on a calendar year basis, January 1, 2012 to December 31, 2012. You can use your allotment as one continuous trip of six months, or an aggregate of all of your trips in one calendar year.
There is no rule that says you must return to your home province for 30 days before re-entering the U.S. for a single day of cross border shopping or any other reason. The day you cross into the US, even for a couple of hours counts as one day in the U.S. The day you leave the U.S. to go back to Canada counts as another. Think of it this way. Touch U.S. soil and it’s a day. But don’t get paranoid. U.S. border agents don’t think in terms of 182 days, but in terms of six months. Sometimes that can add up to more than 182 days if you pick the right months. Keep track, but don’t lose sleep over it.
Milan
I am currently working in the US under a L1B visa. I am from BC and was wondering if I still have to reside in BC for the 6 months to keep my medicare. Also I will be spending time in the states just visiting/vacationing which will put me close to the 182 day US calendar limit. My question is does the time working under the visa count as the 182 day limit for visiting or should I be concerned at all as my visa is good for 3 years.I will be returning to Canada for a few weeks in between working in the US.Total days working is around 153 and visiting 28.
Steve:
The L1B is a non immigrant visa allowing a person with specialized knowledge to work in the U.S. for up to 3 years. It is a U.S. document. But your medicare status falls under B.C. rules. All provinces have some dispensations allowing residents who work, study, or are posted abroad, to retain their medicare status. But to be safe, you need to get an individual ruling from the B.C. health ministry that they will grant you such a dispensation, given your L1B circumstances. You need to get that defined first before you can determine if the 183 day in-province rule applies to you.
Milan
Hi Milan,
My husband is working in the USA on a TN Visa. My daughter and I joined my husband here in Arizona without Visa’s. We simply told the border guard we were going to visit family and here we are. I am under the impression that as Canadian Citizens we (daughter and myself) do not require the corresponding TD Visa that is offered to spouse and immediate family of TN Visa holders. Now that we are approaching the 6 month mark, I am starting to doubt my original findings and was wondering if you have any knowledge on the matter. Do my daughter and I have to return to Canada to get the TD Visa’s within 6 months of residing in the USA?
Mandy:
You need professional immigration advice immediately. When you told border officials you were going to visit family you were admitted under a visitor’s visa category, even though you didn’t have to file for any visa. You did not come in under a TN visa. You are in a vulnerable situation. You need to get an immigration lawyer’s assistance and advice.
Milan
If I have ample money can I extend the normal 6 month maximum stay in the US?
And if so, do I have to leave the country to do it?
I’ve no intention of working in the US.
Gary:
No. You can’t buy your way in. You need to have a specific work visa or an investor’s visa, or a green card to establish that you are a legal permanent resident. Even family visa preferences are tough to get and take a long time.
I wish I could give you better news, but the truth is the truth.
Milan
I’m a snowbird with a primary home in BC & a vacation home in Las Vegas & sisters in Vegas & California. I stayed there Jan 1-Mar 16, and Mar 28-Jun 9, 2011. Not realizing the 182 maximum stay per calendar year for Canadians, on Aug. 30th, I was riding in my sister’s car(she was returning to California) intending to enter. I was turned away with the advice to bring proof of residence. There was a lengthy Q&A with search of my purse and finger-printing. As I didn’t want my sister to be a lone person in the car, the next day, we were at the border again. The officer was someone assisting the previous Q & A, and without much ado, I was turned away again–after being finger-printed a 2nd time. I am listed in their system, for sure. The bills I brought meant nothing to him. I was told to stay 6 mths.
My question is, on Dec. 6th, I intend to fly from Van (where I live). This time, I will bring my itinerary with return flights from Van to Cal & Vegas and credit card bills and grocery bills from June to Dec. I am listed as a resident alien because of small investments & previous rental home. Will I have problem entering this time?
S. Ling
I don’t see how you can be registered as resident alien in the U.S. and still be a resident of B.C. there are clearly inconsistencies in your status which the U.S. border agents have identified. I think you need to get that cleared up with the U.S.authorities before you attempt to enter again.
Milan
Can I ask a question here? My husband and I are Canadian citizens and residents. We collect American Social Security and they sent us a Medicare card. I am under the impression that if we winter in the States, that we are NOT eligible to use their Medicare system even though they issued us a card. I think we have to be permanent residents over there right? It’s pretty confusing to me. Thanks for any answers I can get here.
Kathleen:
No. So long as you have a Medicare card you are entitled to Medicare benefits even if you are not permanent residents of the U.S. and you are just visiting the country. Some hospital admitting personnel may not know that but you have to insist However, unless you have been paying your Part B benefits, you will not be covered for doctors fees. outpatient, clinic or lab charges. You will only be covered for basic hospital charges, and you will be responsible for deductibles, copayments and other limitations–as would any other Medicare beneficaries. To find out what these are, just tap U.S. Medicare into your search and you can survey that coverage easily.
Milan
If a person stays over the 183 days in the US and is threatened with having to fill out a US tax form, how do they charge you if you have no US income?
Marilyn,
If you stay more than six months in the U.S. without a special visa or green card, you’ll be threatened with more than an income tax demand. If they catch you, they can ban you from the U.S. for many years. As a visitor you are allowed up to six months per calendar year, no more. If you spend substantial periods of time in the U.S. each year, you will be considered a resident alien for tax purposes. The way to get around this legally, is to file an IRS form 8840, which confirms you as having a closer connection to Canada than the U.S. If you spend a lot of time in the U.S. you should be doing this. The 8840 will explain to you how much time you can spend–over a span of years.
Milan
My girlfriend is from Canada, she was in Vegas for a week in April, and been in the U.S. since May 2nd.
She is going back to Calgary September 24th. When will she be eligible to have 6 months of new time to spend in the U.S.? Does it start in April when she originally returned from Vegas, or does it began January 1st with the start of 2012? We just want to know the rules for entering and leaving Canada and U.S. so she doesn’t get put on a list for overstaying a 6 month period.
Thank you
Jason:
Add up the total number of days you were in the U.S. in any calendar year–that’s from January 1 to December 31. If it’s no more than six months, you’re OK.
Milan
I am a Canadian citizen living in Toronto and plan on visiting the US for 4 months starting in Dec ’11. During the course of the year (2011), I have taken 5 short trips to the US wherein I have accumulated a total of 77 days. I was recently laid off from my job of 25 yrs & have been collecting a decent separation package. This is what has allowed me to travel a lot this year. I am aware that I won’t be going over my allowed US visit limit. However, these are my concerns:
1. Will the frequency of my short trips raise a red flag w/ CBP upon my upcoming visit?
2. Will my current job situation have a negative effect in the eyes of the CBP? I have family, own properties, pay a mortgage & utilities to prove my strong ties to Canada.
The freedom to travel to the US is appealing to me & I don’t want to lose it.
Thanks in advance.
Rudolpho,
You should have no problem. Just take additional documentation with you to show you own or rent property, have been in the same location for a while (like maybe phone bills or utility bills), and you’ll be fine. The frequency of your visits is not a problem as there are many people who go over for short visits such as ballgames or shopping more often than you do. And of course, don’t forget your passport. That’s the most important item.
Milan
I am a BC resident who goes to Arizona for the winter. ICBC in BC says its okay for vehicle insurance to be from BC but they say its up to Arizona if we should be licenced for Arizona, do you have an answer, we don’t want to find out we weren’t covered if we were in an accident.
Dave
You have to confirm with Arizona Dept. of Motor Vehicles, but I haven’t heard of it becoming an issue before. There are many thousands of Canadian cars running the roads in southern Arizona now.
Dear Sir;
If I am staying in the U.S. overnight do I count this to be 1 day or 2 days?
Thanks in advance
Wim,
Two. The day before and the day after. But don’t get to anxious about a day here or there. The U.S. border agents normally count your stays in terms of months, not days.
Milan
Hi milan
I am a Canadian citizen, I went to USA last July 19, 2010 and after 3 months of staying there month of October 20, I decided to go back home to Philippines and after 11 months I am planning to go back to USA, Is it possible if I will enter the US from Philippines and is there any problem going to be with that? I can’t go back to Canada because I have no home or relative to stay with there.tnx . Pls reply to my email.
Michu:
Yes, I think you might anticipate problems getting into the United States. As I understand from your memo, if you have no home in Canada and you have not been there for over a year ago, the border guard agent will likely challenge your eligibility for entering the U.S. as a Canadian visitor. If you were entering from Canada and you could show that you have a close connection to Canada, bank accounts, home, rental, in effect that have lived there and are entering the U.S. only as a short term visitor, you might be OK. But entering from a third country after such a long absence would raise suspicion, especially if the Canadian passport is the only one you have. I suggest you go to the nearest U.S. consulate in the Philippines and get some guidance. You might also visit the Canadian consulate. They might help.
Milan
Hey Milan
I’m a born Canadian citizen and i just married a US citizen a year ago. Which means i came to the US a year ago as a tourist and haven’t gone back to Canada since then. We did however, apply for my US immigrant visa and everything has gone through. I’m just waiting for my interview date which will be in Canada.
But my problem is, we booked a cruise to Mexico last year thinking that everything would go through by this time and it hasn’t, and we can’t even cancel without losing a s**t load of money! We’re going in 2 weeks and they will be checking the passports there, and my passport has an entry stamp of July 2010! If they asked me why I have over stayed in the US what would be the best answer to give them?
Also, would it be a good idea to take all my approval documents, just to show them some kind of proof of US Immigrant Visa petition?
Thanks!
Faiza:
I assume you are in the U.S. now and your passport is Canadian. You need to contact your U.S. immigration contact and ask for advice because it sounds to me as if you have already broken some U.S. rules re your tourist visa. Until you have completed your immigration process–which includes your interview in Canada– you are endangering your final approval by traveling internationally without proper documentation. What answer should you give if questioned about your tourist overstay? The truth. The smartest thing is forget the cruise until you are properly documented in the U.S. Right now, you can blow it all. Get advice real fast.
Milan
Hello Milan,
I am a Canadian citizen in the process of applying for a Canadian OAS (Old Age Security) pension. The process is a very lengthy one (more than a year so far).
One of the many rules governing the award of this pension is that one must be resident in Canada for the year preceding approval. Winter is approahcing and, with my arthritis , I would like to spend a few months in a warmer clime, However, I fear it will invalidate my OAS application. Will it?!?
Any relevant advice much appreciated,
Kind regards,
Jim
Jim:
That’s an interesting question. I assume you have been a resident of Canada for many years, or perhaps all your life. I believe the definition of residency for OAS eligibility is different from that of provincial health insurance eligibility. One is federal, the other is provincial. And so long as you remain a legal, permanent resident of your province, I don’t see how the feds can deny you. I also don’t how the feds would know you’re on vacation, but if you want to be absolutely sure, try calling the OAS (if you can get through).
Milan
Hello Milan,
My husband is American with a permanent residence card for Canada. I am Canadian (and have not yet filed any immigration paperwork).
We are going to the USA for just under six months. We have a return plane ticket, and residence in Canada and proof of work lined up (in Canada) upon our return. The work is seasonal. We are taking our children to Hawaii, where my husband will work for the six months. We have proof of a six month rental unit in Hawaii. I will not work, we have two small children, and will possibly home school them. We have been unable to register their birth abroad, so they currently have no ssn’s. We will continue to pay for our msp while away and will get travel insurance.
What else will we need to consider? Do we need proof of sufficient funds ?
We will drive to Seattle to fly out of, but I am concerned about what the border / customs person will say. I want to make sure all our t’s are crossed and i’s dotted.
Appreciate any advice / comments !
Annie
Annie:
I am most concerned about your children not having social insurance numbers. It sounds if they do not have passports either, in which case you are asking for problems at the U.S. border and on your return at the Canadian border. Their nationality seems to be up for grabs and that is something border agents are acutely concerned about. Even when I travel out of the country with my grandchildren, I insist not only on their having passports, which they have almost since birth, but I have letters from both their parents allowing me to take them out of the country–and they have my name. Take care of the kids first.
Milan
Thanks for the response. To clarify the children are Canadian, and have social insurance numbers and canadian passports. Since my husband is American we are trying to get ‘dual’ citizenship. They do not have social security numbers, we have been trying to get an appointment to register for birth abroad with the us consulate but this is not an easy task. I understand that this is the first step before getting an ssn. Currently we have not filed any of this paperwork.
Thanks,
Annie
If I am going to the US for six months as that is the time allowed there, when I come back home to Canada how long do you have to stay in Canada for before going back to the US?
Krystal:
There is no required time you have to spend in Canada before going back to the U.S. Just remember, you can’t stay in the U.S. for longer than six months per calendar year, in one stretch or several shorter ones. But don’t abuse the privilege.
Don’t try to spend more than six months at a time in the U.S. Don’t plan on going from July to December, and then from January to June the following year. The border agents won’t look kindly on that tactic.
Milan
Thanks for all your helpful advice.
We winter in SC from Jan to April inclusive each year, and are considering October and November in addition in future years. We own a condo as our permanent residence, but are considering renting it while we live on our boat from May until end of September to mid October. Can we still submit our condo as our permanent residence (we can return to it when we wish to)? It’s tough to indicate our marina as a permanent residence address…
Thanks much!!
John:
Your question is too vague. Is your condo in Canada or the U.S.? Is your boat in Canada or the U.S.? I take it you are Canadian citizens? More details please.
Milan