Any help would be GREATLY appreciated - visiting Montreal, often, remaining US permanent resident

[irock1839]

Good afternoon --

I am a U.S. resident that absolutely loves Montreal. I would like to make it an occasional getaway and have the means to rent a small apartment in MTL. I can work from anywhere worldwide so I am able to come and go whenever, yet I would still like to remain a U.S. resident permanently. My intention is not to live in Montreal permanent but just to visit, probably 3-5 weeks at a time, about three or four times a year.

My plan is to spend no more than 6 months of the year in Montreal. Probably more like 5 months each year. Can I do that as a visitor?

Also, how long must I stay out of Canada before coming back? Could I do one month CA, one month US, etc. etc. without an issue? My job, house, insurance, etc. will all stay w my U.S. based address, where my close family lives.

Any help would be greatly appreciated. Thank you kindly.

 

[jweekend]

You will be at mercy of the border officer. He or she may deny you entry anytime you enter. A history of going back and forth between US and Canada will raise suspicion of non-compliance of immigration laws.

You're there as a visitor, not a resident and if they suspect you are living in Canada, there will be servere consequences.

 

[irock1839]

You will be at mercy of the border officer. He or she may deny you entry anytime you enter. A history of going back and forth between US and Canada will raise suspicion of non-compliance of immigration laws.

You're there as a visitor, not a resident and if they suspect you are living in Canada, there will be servere consequences.

Right. But I'm not trying to skirt immigration laws. I'm trying to do what is legally permissible. I understand the border officer can deny entry at any time -- but don't people have vacation homes, seasonal visits, etc. to Canada?

For example, if I should get a multiple entry visa or something of the sort, I'd like to do it. I just don't know if, as an American, that's necessary.

What is the easiest way to make sure I am doing what's legally permissible? Any help would be appreciated. Thank you

 

[scylla]

Good afternoon --

I am a U.S. resident that absolutely loves Montreal. I would like to make it an occasional getaway and have the means to rent a small apartment in MTL. I can work from anywhere worldwide so I am able to come and go whenever, yet I would still like to remain a U.S. resident permanently. My intention is not to live in Montreal permanent but just to visit, probably 3-5 weeks at a time, about three or four times a year.

My plan is to spend no more than 6 months of the year in Montreal. Probably more like 5 months each year. Can I do that as a visitor?

Also, how long must I stay out of Canada before coming back? Could I do one month CA, one month US, etc. etc. without an issue? My job, house, insurance, etc. will all stay w my U.S. based address, where my close family lives.

Any help would be greatly appreciated. Thank you kindly.

There's no black and white rule. As said above, whether you are allowed into Canada and for how long is always up to the CBSA officer you encounter at the border. Americans do not require multiple entry TRVs (visitor visas) to visit Canada - and even if you had one, the answer regarding entry into Canada would still be the same (up to CBSA, always some chance you could be refused entry). A TRV does not give the holder the right to enter Canada.

Generally speaking you want to be spending more time outside of Canada than inside of Canada in any given year (ideally significantly more time outside of Canada). If the CBSA officer feels that you are behaving more as a resident than a visitor, always some chance you may only be granted a short trip or possibly refused entry.

The only way to ensure you have absolutely no issues entering Canada is to have some sort of status that allows you to live here such as a work permit or permanent residency. Otherwise it's really a dice roll.

Make sure that none of the remote work you are doing in Canada is for Canadian customers / clients or for any companies located in Canada.

 

[jweekend]

Right. But I'm not trying to skirt immigration laws. I'm trying to do what is legally permissible. I understand the border officer can deny entry at any time -- but don't people have vacation homes, seasonal visits, etc. to Canada?

For example, if I should get a multiple entry visa or something of the sort, I'd like to do it. I just don't know if, as an American, that's necessary.

What is the easiest way to make sure I am doing what's legally permissible? Any help would be appreciated. Thank you

Yes of course vacation homes exist. They too are at the mercy of the border officers. But unlike what you're doing, vacation homes are for... vacation. Usually they are in the countryside, there is no reason to believe otherwise.

The border officers will question you on where you will be living and what address. Of course, if they see that it is a vacation home, sure. But if it's like a apartment in the middle of the city....

As long as you do not have Canadian citizenship, you do not have the rights of entry.

There are also no entry visas for Americans. USA is under the VWP so no visas are issued to Americans.


You are only legally permissible to visit. The border officers is out of your hands.

 

[irock1839]

Yes of course vacation homes exist. They too are at the mercy of the border officers. But unlike what you're doing, vacation homes are for... vacation. Usually they are in the countryside, there is no reason to believe otherwise.

The border officers will question you on where you will be living and what address. Of course, if they see that it is a vacation home, sure. But if it's like a apartment in the middle of the city....

As long as you do not have Canadian citizenship, you do not have the rights of entry.

There are also no entry visas for Americans. USA is under the VWP so no visas are issued to Americans.


You are only legally permissible to visit. The border officers is out of your hands.

Look I understand I am only legally permissible to visit. I am fine with that. I am not trying to “live” there. I’m trying to visit like 3-4 months out of the year. And it’s just cheaper to rent a place then stay in hotels the whole time. It’s essentially vacation, just in the city, not the countryside. Do people not vacation to the city? I understand full well I am at the behest of the border guards. But there has to be some reasonable and legal way to visit Canada often - which is all I’m seeking to understand. Thank you

 

[scylla]

Look I understand I am only legally permissible to visit. I am fine with that. I am not trying to “live” there. I’m trying to visit like 3-4 months out of the year. And it’s just cheaper to rent a place then stay in hotels the whole time. It’s essentially vacation, just in the city, not the countryside. Do people not vacation to the city? I understand full well I am at the behest of the border guards. But there has to be some reasonable and legal way to visit Canada often - which is all I’m seeking to understand. Thank you

Here's what it comes down to:

As an American, you can legally visit using your passport. However this does give you the right to enter Canada. Whether you are allowed to enter Canada and for how long is always up to CBSA. Plainly speaking, what you plan to do in Canada goes beyond normal tourist / vacationing. You plan to live and work in Canada for short periods of time on a repeated basis. Visiting repeatedly like this to work remotely is not really normal tourist behaviour - we know it and you know it - no point trying to argue otherwise. Having said that, you may have absolutely no issues entering ever - or you may run into issues. Impossible for any of us to say. It's not black and white - and again, entirely up to the CBSA officer each time you enter. This is as good an answer as you are going to get.

 

[21Goose]

Look I understand I am only legally permissible to visit. I am fine with that. I am not trying to “live” there. I’m trying to visit like 3-4 months out of the year. And it’s just cheaper to rent a place then stay in hotels the whole time. It’s essentially vacation, just in the city, not the countryside. Do people not vacation to the city? I understand full well I am at the behest of the border guards. But there has to be some reasonable and legal way to visit Canada often - which is all I’m seeking to understand. Thank you

I agree with everything that @scylla said. The way it works for Americans is - you show up at the border, and the CBSA officer asks a few questions and lets you in. 99% of the time, this is absolutely routine and you will be allowed in for a six-month visit after a few cursory questions.

However, there's always a chance that they will ask you more questions and decide that you aren't a legitimate visitor. They may allow you in for a shorter visit, or may deny entry entirely. No one can predict if/when this will happen.

The odds are good that you will be able to do what you are planning for quite a long while before (if ever) any questions are raised. You just need to account for the possibility that any given trip may be the one where CBSA decides to ask why you're coming so often and where you live, and whether you're working in Canada and so on and so forth.

 

[irock1839]

I agree with everything that @scylla said. The way it works for Americans is - you show up at the border, and the CBSA officer asks a few questions and lets you in. 99% of the time, this is absolutely routine and you will be allowed in for a six-month visit after a few cursory questions.

However, there's always a chance that they will ask you more questions and decide that you aren't a legitimate visitor. They may allow you in for a shorter visit, or may deny entry entirely. No one can predict if/when this will happen.

The odds are good that you will be able to do what you are planning for quite a long while before (if ever) any questions are raised. You just need to account for the possibility that any given trip may be the one where CBSA decides to ask why you're coming so often and where you live, and whether you're working in Canada and so on and so forth.

Thank you for this post -- appreciate it. The work I do is not for Canadian clients and I don't transact any business in Canada, so I am not worried about that. I'm a writer and our business is based in NYC, as are all of our clients.

One other thing: If I am renting a studio in MTL, because its much cheaper than a hotel (financially I have the means to, even if I am only coming for 3-4 months/year), is that something border security would look down upon?

Again, it is really important to note that I am not trying to break any laws and aim to be respectful to the Canadian gvt & border patrol. I am only trying to do what is legally permissible.

Thank you all kindly for taking the time to respond...

 

[jweekend]

Thank you for this post -- appreciate it. The work I do is not for Canadian clients and I don't transact any business in Canada, so I am not worried about that. I'm a writer and our business is based in NYC, as are all of our clients.

One other thing: If I am renting a studio in MTL, because its much cheaper than a hotel (financially I have the means to, even if I am only coming for 3-4 months/year), is that something border security would look down upon?

Again, it is really important to note that I am not trying to break any laws and aim to be respectful to the Canadian gvt & border patrol. I am only trying to do what is legally permissible.

Thank you all kindly for taking the time to respond...

There's no law broken doesn't mean you have the right of entry. The border officers have the final say. They can deny entry even on suspicions.

Only Canadian citizens and Native American Indians have the right of entry.

Most of the time you may be allowed entry. But a pattern of behaviour will definitely be questioned by the officer.

And once you've been flagged, it will be extremely difficult to cross the border again without secondary inspection.

 

[Copingwithlife]

Thank you for this post -- appreciate it. The work I do is not for Canadian clients and I don't transact any business in Canada, so I am not worried about that. I'm a writer and our business is based in NYC, as are all of our clients.

One other thing: If I am renting a studio in MTL, because its much cheaper than a hotel (financially I have the means to, even if I am only coming for 3-4 months/year), is that something border security would look down upon?

Again, it is really important to note that I am not trying to break any laws and aim to be respectful to the Canadian gvt & border patrol. I am only trying to do what is legally permissible.

Thank you all kindly for taking the time to respond...

You can be respectful all you want , that does not mean you’ll be able to do what you want . Americans do not require visas, but they are still foreigners and do not have the automatic right to enter Canada, just as Canadians don’t have the automatic right to enter the USA
As mentioned earlier, renting , working are not the signs of a visitor

 

[21Goose]

Thank you for this post -- appreciate it. The work I do is not for Canadian clients and I don't transact any business in Canada, so I am not worried about that. I'm a writer and our business is based in NYC, as are all of our clients.

One other thing: If I am renting a studio in MTL, because its much cheaper than a hotel (financially I have the means to, even if I am only coming for 3-4 months/year), is that something border security would look down upon?

Again, it is really important to note that I am not trying to break any laws and aim to be respectful to the Canadian gvt & border patrol. I am only trying to do what is legally permissible.

Thank you all kindly for taking the time to respond...

As a visitor, you aren't supposed to be renting long term. However, all of this is moot - no one can tell you whether you will be stopped or not.

My best guess is that you won't be questioned for a while, possibly years. If you are questioned, then you need to be prepared to be denied entry. So don't make a life in Canada - if CBSA refuses to let you in, you should be OK with that.