Does it matter where you say you live when entering Canada for counting days towards residency obligations?

[renewed0966]

I'm a dual US/Italian citizen with Nexus. My PR expires mid 2028. I have 6 months already in Canada over the last 3.5 years and I'm hoping to spend at least 18 of the next 30ish months in Canada to keep my PR. Currently I'm unemployed and am living off of savings, but hope to find a job sometime this year in Canada. When I entered today at a land border with my Nexus card, I told the border agent I live in California and I'm visiting Vancouver for 2 months. He then interrogated me about my PR status and asked if I was aware of my residency requirements, and I told him I was. He asked to see my PR card. This is the first time I've been asked for the PR card at the border - usually just my Nexus card is enough. I was a bit flustered so I didn't have the presence of mind to ask if there was any issue or how many days his system says I've spent in Canada.

Does IRCC count time spent as a visitor in Canada towards residency obligations? Or should I have told him I am moving here for the two months I plan on spending here before returning back to California (if I don't find a job here in the meantime)? Is there even a difference in the status based on what you tell the border agent? Should I go back to the border to reenter and tell the border agent I plan on living in Canada for the days to count towards RO?

 

[Naturgrl]

I'm a dual US/Italian citizen with Nexus. My PR expires mid 2028. I have 6 months already in Canada over the last 3.5 years and I'm hoping to spend at least 18 of the next 30ish months in Canada to keep my PR. Currently I'm unemployed and am living off of savings, but hope to find a job sometime this year in Canada. When I entered today at a land border with my Nexus card, I told the border agent I live in California and I'm visiting Vancouver for 2 months. He then interrogated me about my PR status and asked if I was aware of my residency requirements, and I told him I was. He asked to see my PR card. This is the first time I've been asked for the PR card at the border - usually just my Nexus card is enough. I was a bit flustered so I didn't have the presence of mind to ask if there was any issue or how many days his system says I've spent in Canada.

Does IRCC count time spent as a visitor in Canada towards residency obligations? Or should I have told him I am moving here for the two months I plan on spending here before returning back to California (if I don't find a job here in the meantime)? Is there even a difference in the status based on what you tell the border agent? Should I go back to the border to reenter and tell the border agent I plan on living in Canada for the days to count towards RO?

You didn't enter as a visitor nor are you one, you are PR. No need to go to the border. It counts as RO.

 

[armoured]

I'm a dual US/Italian citizen with Nexus. My PR expires mid 2028. I have 6 months already in Canada over the last 3.5 years and I'm hoping to spend at least 18 of the next 30ish months in Canada to keep my PR. Currently I'm unemployed and am living off of savings, but hope to find a job sometime this year in Canada. When I entered today at a land border with my Nexus card, I told the border agent I live in California and I'm visiting Vancouver for 2 months. He then interrogated me about my PR status and asked if I was aware of my residency requirements, and I told him I was. He asked to see my PR card. This is the first time I've been asked for the PR card at the border - usually just my Nexus card is enough. I was a bit flustered so I didn't have the presence of mind to ask if there was any issue or how many days his system says I've spent in Canada.

Does IRCC count time spent as a visitor in Canada towards residency obligations? Or should I have told him I am moving here for the two months I plan on spending here before returning back to California (if I don't find a job here in the meantime)? Is there even a difference in the status based on what you tell the border agent? Should I go back to the border to reenter and tell the border agent I plan on living in Canada for the days to count towards RO?

As noted, all days (even partial days) in Canada count towards the residency obligation.

What matters to remain in compliance with the residency obligation is that your total number of days OUTSIDE Canada is less than 1095 days, looking back five years (from ANY day of examination, i.e. at a border) - but discarding any days before you became a PR.

Assuming you became a PR in approximately mid-2023 (let's use August 1 for simplicity), that means you have about two years (730 days) outside Canada so far from day you became a PR (2.5 years less the six months you spent in Canada). Between now and August 1 2028, you have approximately 365 days you can stay outside Canada before you become non-compliant. CHECK THE EXACT DATES, KEEP TRACK OF YOUR ENTRIES AND EXITS, AND DO THE ARITHMETIC YOURSELF.

Now warning: while they are not always very picky in counting to the day, your encounter with the border agent today was significant. You basically got a warning, the agent almost certainly made some note to file about your residency obligation compliance, and they have understood (probably also in note to file) that you are not really living in Canada (and in fact told them you are visiting). When/if you fall out of compliance with the residency obligation, you may not benefit from much or any leniency about the residency obligation - which could lead to losing PR status.

Note: as long as your number of days in Canada meets the test (730 days in Canada/less than 1095 days outside Canada in last five years, discarding days before PR status), i.e. you are in compliance, it's only a question of fact, and your status is safe. After that, though, there is risk. (Of course if you don't plan to settle in Canada long-term, it may not be much more than an inconvenience, but that's your choice)

 

[renewed0966]

Thanks for the info and the warning. I'm not expecting to rely on leniency, either I find a job to stay in Canada this year and I will easily meet my residency obligation over the next 2.5 years, or I go back to the US to find one (jobs are much more plentiful there for my industry) and give up on my permanent residency in Canada. As long as they count my physical presence in Canada even if I'm not working and don't have a consistent address for residency obligation, I should be safe.

In the future when the border agent asks where I live, what should I be telling him? Is it OK to still say I live in California and I'm just visiting, or would it be better to say I live in Vancouver now, even if just for a couple months?

 

[steaky]

Thanks for the info and the warning. I'm not expecting to rely on leniency, either I find a job to stay in Canada this year and I will easily meet my residency obligation over the next 2.5 years, or I go back to the US to find one (jobs are much more plentiful there for my industry) and give up on my permanent residency in Canada. As long as they count my physical presence in Canada even if I'm not working and don't have a consistent address for residency obligation, I should be safe.

In the future when the border agent asks where I live, what should I be telling him? Is it OK to still say I live in California and I'm just visiting, or would it be better to say I live in Vancouver now, even if just for a couple months?

Why don't you find somewhere in Canada to establish residence and commute to work in the US (like many people in this forum)?

 

[renewed0966]

Why don't you find somewhere in Canada to establish residence and commute to work in the US (like many people in this forum)?

That's not realistic for my industry. Most of the work is centered in major metro areas or is remote. Commuting to Seattle would probably be the most realistic option, but I'm not really willing to commit to a multi-hour commute. As far as I'm aware there are not many opportunities in Detroit for what I do, and besides I don't want to live in Windsor anyway. If it's remote I can almost certainly work in Canada without a commute. Or maybe I can find something in Vancouver or Toronto. Besides, that's neither here nor there with the question I asked.