Permanent Residency and Job in the US?

[jms627]

Hello all!

I'm an American, recently engaged to my Canadian fiancé. We'll be getting married in the fall, and once married my husband will sponsor me and I will apply via the outland method.

My question is in regards to a unique work situation. I am currently employed in the US as a consultant, meaning a I travel a lot for work, strictly in the US, but also do a lot of remote work, where I can work from home (or anywhere).

Would I still be able to attain permanent residency status and also keep my current job that would require me to come and go from Canada frequently? Also not sure how the tax situation would work, either.

Any insight/advice/information would be greatly appreciated. I've reviewed the government website but don't see anything specifically pertaining to this.

Thanks in advance!

 

[Dejaavu]

Hi,

Will you and your husband be residing in Canada?

If so, you will need to reside in Canada 730 days every five year to maintain your permanent residence status.

As for the taxes, if you are a resident of Canada you have to file your Canadian taxes. As for the IRS, you will have to file no matter where you are. Oftentimes, Canadian taxes are higher than US taxes therefore most US citizens working/living in Canada or dual US/Canadian citizens do no owe US taxes. However it all depends on each person's tax situation.

If your tax situation is complex, it is best to get a tax accountant specializing in US and Canadian taxes. I have friends who are dual and they do their taxes both US and Canadian on their own since they just work for one employer.

 

[Dejaavu]

Sorry not husband. Fiance.
Congratulations! Good luck with process!

 

[jms627]

Thank you so much for your reply! We will be residing in Canada. He is in the military and has at least five years left. Unfortunately, there aren't a lot of job prospects for my current field where we are living. We have dated long distance our relationship so it wouldn't be the end of the world if it took us a while to get me up here permanently. This information is really helpful though, thank you!

 

[Dejaavu]

I did sponsor my wife who is a US citizen. I made a mistake of applying inland and it took very long. The initial process of eligibility to be of me being sponsor for her took almost a year. Then the second part of the process took about 9 months. That is the permanent residency application part which includes background check etc. Once we got the approval for the first stage she got an open work permit for 3 years. (I did send an open work permit application in the original sponsorship application)
That was almost four years ago...

The outbound sponsorship takes much shorter. You can check the processing times on the CIC.gc.ca website. (Canada Immigration and Citizenship)

Maybe once you become a Canadian permanent resident you can apply and get a nexus card since you will be traveling often back and forth? You can find out more about the program on the CBSA and CBP (Canada and US border agencies) websites.

Since you will be living in Canada, as long as you live here 730 (2 years) out of 5 you can renew your permanent residence card. After 1095 days of residing in Canada within 4 year period you can apply for a citizenship.

Good luck with the process!

 

[jms627]

Wonderful, thank you! Yes I've heard the inland process can be tough so we'll be taking the other route. I will definitely look into the Nexus card. Thanks again!

 

[Dejaavu]

You are welcome!

You will be fine. Esp since he is in the military and you are a US citizen.
http://www.cic.gc.ca/english/information/times/perm-fc.asp

 

[jms627]

 

[jms627]

And thank you for the link - crazy how much faster filing outside the country is!

 

[Msafiri]

Deejavu has touched on the major issues but hopefully I can add a couple of things for you to consider/ be aware of:

1. Entry into Canada pre PR filing - you are considered a Foreign National until the day you get your PR. As such every time you enter Canada the border agent will want to know the purpose and duration of your visit to Canada. Normally you would be seeking admission as a visitor which for US citizens and other visitor visa exempt nationals is usually a standard 6 month. However a visitor with a Canadian fiance and work that can be done remotely is a major red flag since you don't exactly have an incentive to go back home. Best to have solid proof that you will be going back home at each visit.

2. Entry into Canada post PR filing - same risks as above but now you have a PR application in process. Just be honest at the border and they will be ok. Again carry proof that you will be going home.

Using Nexus for your trips cuts the scope for interaction with the border agents but they can still flag you at any time.

3. Post PR - you need to have at least 730 days of Physical Presence in each 5 year rolling period counted from your landing date to maintain your PR. This means in the first 5 year cycle from landing you could be out for 3 years then reside in Canada for 2 years. Post this initial 5 year anniversary the RO is backward looking i.e. in the last 5 years have you got 730 days?

4. Any time you are abroad with a Canadian Citizen spouse is considered as a day in Canada. For this reason spouses in your situation have the luck that they can be outside Canada for decades and never lose their PR. This is the current legislation and at some point in time this loophole has to be closed off.

5. Normally any such time in 4 is not considered for Citizenship purposes as this requires actual actual physical presence (APP). Here again you are at an advantage because the immigration laws considers any days you accompany a citizen spouse abroad as a day in Canada for citizenship purposes where the spouse is serving in the military and/ or in the Public/Federal Service e.g embassy.

6. The burden of proof for any presence is on the applicant. You have to keep a detailed record of your exits and entries into Canada. Don't rely on passport stamping especially as you will be using Nexus.

Congratulations on your engagement and all the very best wishes (p/s was it the uniform that swayed you ).

 

[jms627]

Wonderful, thank you for the additional info! I can't stress how useful this forum has been. And yes, I am a sucker for a man in a uniform

 

[Dejaavu]

Msafiri raises an important point about traveling to Canada while not PR with your fiance.
Always stress you are VISITING and that you have ties to where you are now such as a job, lease/house/mortgage etc and if flying make sure you have round trip ticket and travel lightly.

I know from personal experience. My wife was sent to secondary inspection a few times. Luckily the border officers were nice and let her in.

 

[jms627]

I own a home with my sister in the United States, so I do have a mortgage there - I travel now with a copy of the mortgage letter just in case, so hopefully that will suffice as proof?

 

[Dejaavu]

I couldn't find an exact one for Canada but I found one for the US.

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzg2NzA5MzQ4L3NpZC9xcTVxMnZIbA==/filename/Intentions+and+Ties.pdf

This list above is a good way to have an idea on what the immigration officers look at.

 

[jms627]

Excellent, thank you!