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Nexus Card - 3 Year Rule (Combined USA and Canada Stay?)

danny456

Newbie
Jun 17, 2009
4
0
Hi there,

I have a question regarding the 3 year residence rule. I have been in north america (USA and Canada) continuously for last three years. Basically I was in USA for 2 years and then last year, i got my PR so i went to canada for landing and then came back to usa.

I am reading all conflicting stories about this stay. Can some clarify if i am still eligible for nexus card, given that i was in usa and canada combined for 3 years?

Thanks in advance!
 

harirajmohan

VIP Member
Mar 3, 2015
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Hi there,

I have a question regarding the 3 year residence rule. I have been in north america (USA and Canada) continuously for last three years. Basically I was in USA for 2 years and then last year, i got my PR so i went to canada for landing and then came back to usa.

I am reading all conflicting stories about this stay. Can some clarify if i am still eligible for nexus card, given that i was in usa and canada combined for 3 years?

Thanks in advance!
No conflicts. Rules dont restrict for 3 years on one side. I applied with same timeline as yours. I received nexus without any problem.

If you call even border guys at both ends, they would confuse you. Yes they(some of them) dont know the actual rules. You know how our govt offices function. Less training and officers dont read much and not up to date. I faced the same problem and i could not get answer from the border but as the rule is specified as i am qualified i sent out without completing 3 years(i had some 8 months break in the residency as i moved out of country in between) hence application was returned saying i need to be completing 3 years hence i had to stay full one year after moving to Canada and applied for it.

The approvers of nexus know the rules and they approve it without any problem but the guys handling phone dont know much about it.
 
Last edited:

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
No conflicts. Rules dont restrict for 3 years on one side. I applied with same timeline as yours. I received nexus without any problem.

If you call even border guys at both ends, they would confuse you. Yes they(some of them) dont know the actual rules. You know how our govt offices function. Less training and officers dont read much and not up to date. I faced the same problem and i could not get answer from the border but as the rule is specified as i am qualified i sent out without completing 3 years(i had some 8 months break in the residency as i moved out of country in between) hence application was returned saying i need to be completing 3 years hence i had to stay full one year after moving to Canada and applied for it.

The approvers of nexus know the rules and they approve it without any problem but the guys handling phone dont know much about it.
can we not be outside these countries even for single day? what if someone had take a 3 or 4 week vacation in last 3 years? what is the rule around that?
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
can we not be outside these countries even for single day? what if someone had take a 3 or 4 week vacation in last 3 years? what is the rule around that?
We can as per my colleague. He went for vacation to his country for few weeks which i think he did not mention(or he did not mention as new address).

I mentioned as an address outside of US/Canada within the last 3 years hence possibly they wanted us to be for 3 years with addresses of US/Canada. I think that they are ok if we are outside for vacation. I would think that many would have gotten approved as long as they were resident of US/Canada irrelevant of short vacations.

But in my case, as i was already not gone to India for 2 years and i did not know what would happen hence i postponed for 1 more year and stayed for 1 year more and applied.
 

disp.31089

Star Member
Jun 6, 2017
93
77
Category........
FSW
Glad I found this post.

My case - I've lived in the US on H1B from Aug 2014 to Aug 2019. Then moved to Canada on PR. Actual PR was received on Dec 2017.
Years in US/Canada - 6 years. Years as PR - 1 year

My wife's case - She moved to US on H4 in Jun 2016 to Feb 2018. Moved to Canada on PR. Actual PR was received on Dec 2017.
Years in US/Canada - 4 years. Years as PR - 2.5 years

Do you think we are both eligible for Nexus card?
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Glad I found this post.

My case - I've lived in the US on H1B from Aug 2014 to Aug 2019. Then moved to Canada on PR. Actual PR was received on Dec 2017.
Years in US/Canada - 6 years. Years as PR - 1 year

My wife's case - She moved to US on H4 in Jun 2016 to Feb 2018. Moved to Canada on PR. Actual PR was received on Dec 2017.
Years in US/Canada - 4 years. Years as PR - 2.5 years

Do you think we are both eligible for Nexus card?
Nexus is nothing to do with PR/Citizenship of US/Canada.
You should have resided legally for 3 years in US or Canada and have some business/purpose to cross the countries in future(to seek nexus). Thats all you need. Both can apply.
 

disp.31089

Star Member
Jun 6, 2017
93
77
Category........
FSW
Nexus is nothing to do with PR/Citizenship of US/Canada.
You should have resided legally for 3 years in US or Canada and have some business/purpose to cross the countries in future(to seek nexus). Thats all you need. Both can apply.
Well, you definitely have to be at least a PR of one of the countries to apply in the first place. So there's that.
Definitely some conflicting stories out there, but good to hear that you got through with 3 years combined in both countries.
Thanks.
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Well, you definitely have to be at least a PR of one of the countries to apply in the first place. So there's that.
Definitely some conflicting stories out there, but good to hear that you got through with 3 years combined in both countries.
Thanks.
Not as per the rules. Many foreigners are doing business in both countries who are on business visa in one country and executive work/business visa in another & vice versa. Just because we have not seen many people of this kind in practical among our circle, it doesnt mean that non-PR candidates dont exist. Nexus is just the customs clearance card, nothing to do with PR/citizenship, which enables ease of travelling for candidates who travel frequently.
To be eligible to join NEXUS you must:
  • Be admissible to Canada or the United States under applicable immigration laws;
This is also among assumption like "one should be residing at Canadian side for 3 years after PR". We dont look at examples of other situations as we dont usually encounter but customs clearance card is nothing to do with PR requirement in any of these 2 countries.
 
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disp.31089

Star Member
Jun 6, 2017
93
77
Category........
FSW
Not as per the rules. Many foreigners are doing business in both countries who are on business visa in one country and executive work/business visa in another & vice versa. Just because we have not seen many people of this kind in practical among our circle, it doesnt mean that non-PR candidates dont exist. Nexus is just the customs clearance card, nothing to do with PR/citizenship, which enables ease of travelling for candidates who travel frequently.
To be eligible to join NEXUS you must:
  • Be admissible to Canada or the United States under applicable immigration laws;
This is also among assumption like "one should be residing at Canadian side for 3 years after PR". We dont look at examples of other situations as we dont usually encounter but customs clearance card is nothing to do with PR requirement in any of these 2 countries.
Link - https://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html

I think you may be looking at this wrong. The first line of Nexus eligibility clearly states-
"You must be a citizen or permanent resident of Canada or the U.S., or a Mexican national who is also a member of the Viajero Confiable program."
---I dont think there is any discrepancy here. For Nexus, you absolutely have to be a PR or citizen. There may be other immigration/custom clearance options like GLobal Entry/TSA that you could be referring to.

Furthermore -
"Permanent residents of Canada and the U.S. must have resided as legal residents of Canada or the U.S. for a minimum of three years before the day of application. "
---This is the confusing part. But I guess several people have said you need not be on PR status for 3 years.

What you quoted -
"To be eligible to join NEXUS you must: Be admissible to Canada or the United States under applicable immigration laws;"
---This means that just having a PR wont be enough. You still need to have visa for other country. Just having Canada PR wont make you eligible for Nexus, you also need some kind of US visa.
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Link - https://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html

I think you may be looking at this wrong. The first line of Nexus eligibility clearly states-
"You must be a citizen or permanent resident of Canada or the U.S., or a Mexican national who is also a member of the Viajero Confiable program."
---I dont think there is any discrepancy here. For Nexus, you absolutely have to be a PR or citizen. There may be other immigration/custom clearance options like GLobal Entry/TSA that you could be referring to.

Furthermore -
"Permanent residents of Canada and the U.S. must have resided as legal residents of Canada or the U.S. for a minimum of three years before the day of application. "
---This is the confusing part. But I guess several people have said you need not be on PR status for 3 years.

What you quoted -
"To be eligible to join NEXUS you must: Be admissible to Canada or the United States under applicable immigration laws;"
---This means that just having a PR wont be enough. You still need to have visa for other country. Just having Canada PR wont make you eligible for Nexus, you also need some kind of US visa.
Ok. So mexican national or they need to be PR/citizen in US/Canada.

The quote on eligibility is from the official site. Not my words. https://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html
Yes, as specified on friday, one needs to have purpose in both countries which requires visa/pr/passport to travel to other country.
 

disp.31089

Star Member
Jun 6, 2017
93
77
Category........
FSW
Ok. So mexican national or they need to be PR/citizen in US/Canada.

The quote on eligibility is from the official site. Not my words. https://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html
Yes, as specified on friday, one needs to have purpose in both countries which requires visa/pr/passport to travel to other country.
That's the same link I referred to as well.

CBSA Link (Canada) - https://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html
CBP Link (US) - https://www.cbp.gov/travel/trusted-traveler-programs/nexus/nexus-eligibility

Just again for clarity for everyone, only the following are eligible to apply-
  • U.S. citizens
  • U.S. lawful permanent residents
  • Canadian citizens
  • Canadian lawful permanent residents
  • Mexican nationals who are members of Viajero Confiable