American Visitor Status

[prestoluh]

Hello, I'm new to the forum and am hoping to have a few questions answered if possible.

1. I read that Americans don't necessarily have to apply for a visitor Visa to visit Canada for up to 180 days. Is this still true? Also, if I use that feature but return to the States for work reasons once a week, does that impact my status during that period?

2. Is it possible to claim visitor status and while doing so apply for a student Visa part way through that timeframe?

3. Lastly, do I need to be visiting a person or can I simply be visiting the province in general?

Thank you!
DP

 

[scylla]

1. Yes - Americans can visit Canada based on their passport alone. However what you're talking about isn't visiting Canada, it's effectively living in Canada and leaving regularly to work in the US. This is frowned upon by Canadian border officials since you'll effectively be using visitor status to try to live in Canada long term. Each time you re-enter Canada, you'll be assessed as a visitor again and there's always some chance you may be refused entry if they feel you are abusing your visitor privileges. If you came as a visitor to Canada and remained for 180 days without leaving - that would be one thing. Crossing the border weekly is unlikely to work long term. Sooner or later you'll be told to stop and/or denied entry.
2. Yes.
3. You don't need to be visiting a person.

 

[prestoluh]

1. Yes - Americans can visit Canada based on their passport alone. However what you're talking about isn't visiting Canada, it's effectively living in Canada and leaving regularly to work in the US. This is frowned upon by Canadian border officials since you'll effectively be using visitor status to try to live in Canada long term. Each time you re-enter Canada, you'll be assessed as a visitor again and there's always some chance you may be refused entry if they feel you are abusing your visitor privileges. If you came as a visitor to Canada and remained for 180 days without leaving - that would be one thing. Crossing the border weekly is unlikely to work long term. Sooner or later you'll be told to stop and/or denied entry.
2. Yes.
3. You don't need to be visiting a person.

Thank you scylla for the prompt response. In regards to question 1, if I were to actually apply for a visitor visa instead of just taking advantage of not being required to, would that change anything since it would be more formal with specific dates listed and so forth?

 

[scylla]

Thank you scylla for the prompt response. In regards to question 1, if I were to actually apply for a visitor visa instead of just taking advantage of not being required to, would that change anything since it would be more formal with specific dates listed and so forth?

Having a visitor visa / TRV won't change a thing.

If you want to be able to live in Canada, then you need either a study permit or work permit.

 

[prestoluh]

Having a visitor visa / TRV won't change a thing.

If you want to be able to live in Canada, then you need either a study permit or work permit.

That's curious, so if I went and just stayed for 6 months while working remotely (which is what I do 95% of the time) then I'd be visiting but if I try to stay 6 months but return to the U.S. for less than 24 hours a week I'd be considered trying to live there? Seems kind of trivial, but rule are rules. Thank you for your response.

 

[scylla]

That's curious, so if I went and just stayed for 6 months while working remotely (which is what I do 95% of the time) then I'd be visiting but if I try to stay 6 months but return to the U.S. for less than 24 hours a week I'd be considered trying to live there? Seems kind of trivial, but rule are rules. Thank you for your response.

Yes. I'm sure you see why that's not the behaviour of a tourist. That's the behaviour of someone who lives here. You yourself have said that you'll be spending 95% of your time working. That's not what a tourist comes here to do - that's resident behaviour.

Additionally, there's never a guarantee you'll be given a six month visit. That's the default - however how long you're given is determined by the CBSA officer at the border. Entirely possible to be allowed in for a shorter period of time or even refused entry (although this is rare).

Also, you'll need to ensure the remote work involves no Canadian companies or clients / customers.

Lastly, make sure you take out travel insurance to cover yourself for medical emergencies and are prepared to pay for non-emergency health care out of your own pocket. Things can get expensive here fast for people not covered under the provincial health care system.

 

[prestoluh]

Yes. I'm sure you see why that's not the behaviour of a tourist. That's the behaviour of someone who lives here. You yourself have said that you'll be spending 95% of your time working. That's not what a tourist comes here to do - that's resident behaviour.

Additionally, there's never a guarantee you'll be given a six month visit. That's the default - however how long you're given is determined by the CBSA officer at the border. Entirely possible to be allowed in for a shorter period of time or even refused entry (although this is rare).

Also, you'll need to ensure the remote work involves no Canadian companies or clients / customers.

Lastly, make sure you take out travel insurance to cover yourself for medical emergencies and are prepared to pay for non-emergency health care out of your own pocket. Things can get expensive here fast for people not covered under the provincial health care system.

No, no I meant that my job is 95% remote and 5% onsite, not that I would be working 95% of the time. But I had planned on looking into certifications and post graduate studies anyway so it might be best to just go in that direction since it seems it would carry less risk.

My firm isn't international (yet) so that certainly won't create an issue.

Great tip on travelers insurance. I have insurance in the U.S. and the border would only be about a 45 minute drive from where I'd be so hopefully I wouldn't have to use it.