Residency Obligation - PR holder on US L1 work visa

[Bobo2016]

Hello gurus,
Please i have spent time looking for discussions relating to my situation but did not find such however if i might have missed it, do point me to the right links/discussions.

I landed in 2015, did not have a job till summer this year when i started consulting however i have been in and out within the past one year multiple times. The situation is that i have just accepted a job offer in the US which i will likely be on L1/L2 visa and i plan to still keep my residency as my family will not move with me but remain in Canada. I understand i will have to pay my US tax and then file in Canada to pay whatever difference exists, i plan to be commuting every month back to Canada so i can be accumulating days. My questions are;

1. Is there any one in this situation or has been in this situation and what was your experience so far and on renewal of PR or applying for citizenship?
2. I want to keep my Ontario driving licence but i will also need to keep a car in Houston so does anyone know how i can keep my Ontario license and still register and drive in Texas without exchanging my Ontario license?

Will appreciate any other information that anyone deem necessary to help me in keeping my PR and also maintaining a residence in US due to work I do not plan to claim US residency as i do not intend to settle or get a green card or citizenship over there, just need this job till i can find a better paying job in Canada, US employer will not treat me as contractor as this is full time employment.

 

[Leon]

You have to be very careful to keep a log of all your trips across the border because you will need that for PR renewal / citizenship. Even day trips that count as zero days absence should be noted.

As a PR, you are allowed an absence of up to 1095 days in any 5 year period. You have to make sure you don't reach 1095 days or you will be in breach of your RO. Once you get close to that, you should quit this job if you want to keep your PR safe.

I don't know what the rules in Texas are regarding drivers license but if you live in Canada, you need to have a Canadian license.

As for keeping health coverage, you would have a problem with that as well as all provincial health care require you to live in the province at least a certain number of days, usually at least 5-6 months a year. You need to come clean with your health care and tell them what you are doing because otherwise, if they find out that you are living outside Canada majority of the year, they charge you with health care fraud. If they decide to not let you keep your health care, you'd need some type of emergency insurance to make sure you are covered.

 

[Bobo2016]

Thanks Leon on the tip regarding health card, i never thought about that, my plan is that since i will be spending time also in Canada, i plan to try as much as possible to accumulate about 5- 6 months in a year as every month so i believe this will be ok?
Also i keep logs on my in and out and i hope my in trips are recorded by CBSA else i might have a challenge proving this as i do fly to Buffalo and then drive or take the bus home as flights are cheaper for me to this airport than flying direct to Toronto.

Thanks a lot for your post.

Please still expecting other gurus to comment as applicable, if not that i need to pay my bills i won't even be considering this job but this is what it is!

 

[Leon]

Thanks Leon on the tip regarding health card, i never thought about that, my plan is that since i will be spending time also in Canada, i plan to try as much as possible to accumulate about 5- 6 months in a year as every month so i believe this will be ok?
Also i keep logs on my in and out and i hope my in trips are recorded by CBSA else i might have a challenge proving this as i do fly to Buffalo and then drive or take the bus home as flights are cheaper for me to this airport than flying direct to Toronto.

Thanks a lot for your post.

Please still expecting other gurus to comment as applicable, if not that i need to pay my bills i won't even be considering this job but this is what it is!

You are eligible for OHIP if you are in Ontario for at least 153 days in any 12-month period.

CBSA should have most of your trips listed but when you get ready to apply, you can get the log from the US border as well. If any trips are missed on the CBSA list that you have, they'd have to believe you on that. It would be worse if you are missing trips on your list that CBSA has.

 

[Bobo2016]

Much thanks Leon.

 

[Naheulbeuck]

Much thanks Leon.

For that you will need to be back 3 days a week in Ontario you deem that realistic with a full time job in Texas?

 

[Leon]

For that you will need to be back 3 days a week in Ontario you deem that realistic with a full time job in Texas?

His initial plan of coming back every month is not going to work for that in the long term. 1) he can do the job for a little more than 7 months, save up money and then spend a few months in Canada, either working a survival job or looking for a job, 2) he finds a way to work in Texas from home, 3) he accepts the loss of his health care or 4) he amends his going home plan from once a month to every weekend, flying home Friday evening and going back Sunday evening (which might end up being too expensive).

 

[Bobo2016]

Naheulbeuck & Lean,
The plan is to spend at least 1 week plus any US holidays in every month and monitor to ensure i accumulate the required number of days, at worst when i am running short i can work from home to make up as my employer understands my situation. Anyway i plan not to lose this PR in fact i am looking for how i can get enough days for the citizenship if i can even if it will cost me more by flying back and forth often.

Thanks.

 

[Bobo2016]

Also to add, there is no saving in the job as i will have 2 bills - one in US and same bills or even more in Canada where family stays couple with the flight costs, i am doing this job so that i can see if there will be future opportunity to move to the company's office in Calgary but at the time being have money to be paying my bills.

 

[Leon]

Also to add, there is no saving in the job as i will have 2 bills - one in US and same bills or even more in Canada where family stays couple with the flight costs, i am doing this job so that i can see if there will be future opportunity to move to the company's office in Calgary but at the time being have money to be paying my bills.

Sounds reasonable. You can also keep looking for other jobs in Canada on the side and see if you find something. Continuing a job in your field in the US will keep you up to date in your field and should make it easier getting a job in your field in Canada rather than say taking a survival job and having to leave your field for some time.

 

[Naheulbeuck]

I agree and I am not too worried for your PR as the requirements are easier to be met, I just worry more about your ability to meet the requirement of the healthcare coverage as it requires 153 days on a rolling 12 months, more than 40% of the year. I am unsure how tough they are on that but in case of health issue they might look twice seeing as you earn income only in the US.

For your work, i wish you all the best, some sacrifices sure are necessary to ensure the future is brighter.

 

[Bobo2016]

Thanks guys, yes the goal now is to keep myself relevant in my field by staying in the job while looking for a job in Canada and at the same time ensure am able accumulate days to renew my PR and keep my health card, by his grace this will be achievable.

I so much appreciate your time and inputs.

Thanks!

 

[sl_aniw]

Could you update on your experience Bobo?

Any concerns at the borders travelling back and forth with the US L1/Ca PR?
How did you navigate the health care angle?
Any tips for minimizing travel cost?

I am looking to start commuting to Texas as well...

 

[bricksonly]

Taking a flight to Buffalo and entering Canada before 00:00 Sat, taking a flight back to Houston and leaving Canada after 00:00 Mon. You live in Canada 4 days every week. More than half. You also meet health insurance requirement. Dump your US one and you could save a lot.

If you don't care about health insurance but RO you actually can do this every two weeks. 26X4=104, plus all Holidays and your personal vacation=30 days, you get 134 days!

If you can get a job close to Ontario, this is absolutely not a problem.

 

[sl_aniw]

Taking a flight to Buffalo and entering Canada before 00:00 Sat, taking a flight back to Houston and leaving Canada after 00:00 Mon. You live in Canada 4 days every week. More than half. You also meet health insurance requirement. Dump your US one and you could save a lot.

If you don't care about health insurance but RO you actually can do this every two weeks. 26X4=104, plus all Holidays and your personal vacation=30 days, you get 134 days!

If you can get a job close to Ontario, this is absolutely not a problem.

Thanks for the tips bricksonly!

My plan precisely is to do just that, plus I get every other Friday off, giving the chance to enter Canada before 00:00 Fri. I am wary of that much travel though as I might need to do that for about 5 months in order to keep RO. First 5 years will be up in Apr. 3, 2019, and I have only 35 days of buffer...