USA 6 month travel restriction?

[jolinar of malkshor]

Originally Posted by BigBrodieFan

That wasn't me- you're mixing posters. Re-read.

Sorry buddy.

[BigBrodieFan]

Originally Posted by Canada 02

you can get a CDN passport while living in the USA, no problem

http://www.ppt.gc.ca/cdn/form.aspx?lang=eng&region=USA

I think this will help me a lot- thank you. I hope it works! It would be nice to be able to travel outside Canada and the US again.

[Canada 02]

Originally Posted by BigBrodieFan

I think this will help me a lot- thank you. I hope it works! It would be nice to be able to travel outside Canada and the US again.

the only minor issue I had was finding a place that could take a passport photo to CDN specifications. My application was turned down the first time because the size was wrong or something like that. You can't just go to Walgreens and get a USA passport photo.

Turns out Sears has the proper CDN passport photo template - the Sears in St Louis had it in their computer system, so maybe all sears have it

[Phanuthier]

Originally Posted by Canada 02

my experience getting the Green card was different. There was no interview, although I had to go to the nearest big city to have my picture taken at their (INS?) office. Total process took about 4 months, but my employer hired a lawyer and paid most (if not all) of the fees. Easy peasy!

I think its different if you aren't being sponsored by a company. I'm currently in the process of acquiring my greencard as well (sponsored by a big company, the whole gold package and whatnot) and while our wait is 6 months, its not really easy peasy (at least not for the lawyer/company).

Independently applying, I hear, can be a real bear.

[amorak]

Originally Posted by jolinar of malkshor

Like all other guesses before, I will neither confirm nor deny any association to CBSA or any other Law Enforcement Agency.

I know you're with the CBSA because when I worked a Customs Officer back in the day guys loved calling themselves LEOs or refering to the agency as a LEA.

outed!

[Jordan!]

Dual citizen SUCKAS!!!!!

[Rutuu]

Originally Posted by Bouw N Arrow

Dual citizen SUCKAS!!!!!

So your Mom puts out on vacation?

...or your Dad's a stud.

[BigBrodieFan]

Originally Posted by Canada 02

the only minor issue I had was finding a place that could take a passport photo to CDN specifications. My application was turned down the first time because the size was wrong or something like that. You can't just go to Walgreens and get a USA passport photo.

Turns out Sears has the proper CDN passport photo template - the Sears in St Louis had it in their computer system, so maybe all sears have it

Thank you so much! I never really even thought about it until the whole 'needing a passport' thing came up because I always used my Green Card. I (stupidly) called INS and they recommended a NEXUS card. So, I got one. However, my husband and I want to go to Belize next November and I need a 'real passport'- so I am going to check this out right away. Thanks again, that was very nice of you

[Shin Pad]

Originally Posted by MacDaddy77

Is there any way to easily get around the 6 month restriction? Can you go to Mexico for a couple of days or fly home for a week then go back? or is it once you enter you only have 6 months for that year?

Thanks, I am looking at buying a place in Arizona and have checked the immigration website and they say you have to apply for either and extension or a green card

I'm a Canadian who owns a place in Arizona. I'm not an expert in it, but, I believe that if you are down here for more than 6 months in a calander year, you will be paying taxes in Arizona also, and you may lose some benefits such as your Canadian health care, etc. So, I would be careful.

Anyway, why would you want to stay in Arizona in the summer?? You are pretty much confined to the indoors where it is air conditioned.

[justkidding]

Originally Posted by Shin Pad

I'm a Canadian who owns a place in Arizona. I'm not an expert in it, but, I believe that if you are down here for more than 6 months in a calander year, you will be paying taxes in Arizona also, and you may lose some benefits such as your Canadian health care, etc. So, I would be careful.

Anyway, why would you want to stay in Arizona in the summer?? You are pretty much confined to the indoors where it is air conditioned.

What happens if you own a place in Arizona, spend you six months there (say from November through end of April) and then for some reason (say you house gets vandalized or something) you need to go back down there. Can you go back down there on an emergency basis? I always wondered this as someone who has contemplated buying a place in Arizona.

[Ryan Coke]

Not an expert, but due to our place in Arizona have done some research....

You are not actually limited to 6 months in a year, there is no rule written anywhere about 6 months in a year (that one quoted relates to 6 consecutive allowed at time of entry). My understanding (CBSA LEO's are free to correct, of course) is that if you are above the 6 months cumulative in a year then you are more likely to get questioned more thoroughly about your primary residence and intentions as far as work, etc. As long as you have your primary residence in Canada and are not working in the US and can prove that, then you should be fine to be there more than that.

I didn't end up testing the theory, and the fact is it is always up to you to prove your intentions when entering the US--but other than the 6 months consecutive that was already mentioned, there isn't actually a published limit to the amount of time a Canadian can spend in the US.

[Shin Pad]

Originally Posted by justkidding

What happens if you own a place in Arizona, spend you six months there (say from November through end of April) and then for some reason (say you house gets vandalized or something) you need to go back down there. Can you go back down there on an emergency basis? I always wondered this as someone who has contemplated buying a place in Arizona.

So far, I haven't spent more than about 3 months a year down here. When I do start spending more time down here, I will go down for say 5 1/2 months, so leaving 2 weeks or so just in case of such emergencies.

[Shin Pad]

Originally Posted by Ryan Coke

Not an expert, but due to our place in Arizona have done some research....

You are not actually limited to 6 months in a year, there is no rule written anywhere about 6 months in a year (that one quoted relates to 6 consecutive allowed at time of entry). My understanding (CBSA LEO's are free to correct, of course) is that if you are above the 6 months cumulative in a year then you are more likely to get questioned more thoroughly about your primary residence and intentions as far as work, etc. As long as you have your primary residence in Canada and are not working in the US and can prove that, then you should be fine to be there more than that.

I didn't end up testing the theory, and the fact is it is always up to you to prove your intentions when entering the US--but other than the 6 months consecutive that was already mentioned, there isn't actually a published limit to the amount of time a Canadian can spend in the US.

That may be true, but the problem is what country you end up paying taxes in. If you spend more than 6 months a year in the USA, you will be considered a citizen of the USA (for tax purposes) and will be taxed in USA and in Canada. So, if you are working, you don't want to be down here more than 6 months. The other thing is health benefits - do you still qualify for Alberta health care if you are in the USA for more than 6 months? I haven't looked into this, as I don't intend to spend more than 6 months a year here.

I've looked into the tax issue, as I am self employed and I bring my work down here with me (although it is work for my Canadian clients and isn't considered working in the USA). My accountant told me to make sure that I didn't stay down here for more than 6 months a year.

The other factor to consider is extra health insurance. My health insurance (coverage down here which will cover me for additional medical expenses which are not covered by Alberta Health Care), is good for 60 days at a time. So, I have to come back to Canada within 60 days (all I have to do is cross the border back into Canada), and I can go right back into the USA for another 60 days. Now, if you want to stay down in the USA and not come back, you will pay a daily rate for the extra days you stay in the USA. If you are younger, it isn't too bad. I have a friend down here that just turned 61. His extra health insurance is 3 times as expensive as mine (since he turned 61). Also, if he stays more than 30 days (in his case), he will be charged an extra $10 per day for his health insurance.

My point is that there are other factors to consider than just the laws.

[Ryan Coke]

All good points shinpad. My understanding with the tax issue was that after six months there are some other ways to deal with that. If I recall correctly, after six months you had to be able to prove your country of stronger connection (there is a better term for that which eludes me right now), which involves things like primary residence and workplace.

All the info on health insurance is good, I also can't remember the criteria with Alberta health. Either way there are lots of potential issues after 6 months, but technically there isn't a limit as long as you aren't living/working down here illegally.

[Vansmack]

The 6 month rule is one that you don't necesarrily want to mess around with, although i've always wondered how much information is shared between border agencies. As far as I can tell, the US border patrol knows when you enter the country, but does the canadian government give them information on when you return? I've done the drive from calgary to phoenix a number of times and always have wondered about this.