US citizen, Canadian PR, Can I work in the US?

[eisej]

I am a US citizen. I've been a Canadian PR since November 2011. I have lived in Ontario since then as well. I got my PR shortly after marrying my wife who is a Canadian citizen. I am eligible to apply for Canadian citizenship next month. I have had difficulty finding and keeping a job in my career (much less anything else) since moving there. My wife and I live an hour outside of Toronto and I am originally from Buffalo NY. I am able to find gainful employment in Buffalo NY. My wife and I are in financial dire straits. We want to do everything possible to hold up to our financial obligations.

Is it possible for me to work in the US since I am a US citizen without losing my PR status or getting a H1 visa? I have met the PR requirement of time spent in Canada over the last 5 years. Any advice or direction to go or someone I can contact would be appreciated. Depending on which government (US or Canada) office (labour, immigration, etc) I get different or unclear answers. Thank you so much for reading.

 

[scylla]

You don't need an H1 to work in the US as a US citizen.

It's not entirely clear what your future plans are with regards to where you're going to live - so I'll try to cover each basis.

If your wife is going to be moving to the US with you, then each day your wife lives with you outside of Canada will be counted towards your PR residency requirement since she is a citizen. If your wife is going to stay in Canada, then you will need to meet the PR residency requirement by physically living in Canada for 2 out of every 5 years.

If you instead plan on continuing to live in Canada and just commute to the US every day for work - you're free to do so and there will be no negative impact to your PR residency requirement. I'd recommend you get a Nexus card to speed up border crossings.

 

[eisej]

Thank you for the info. I'm not sure if we will move to the US or not. Right now I am just trying to keep our heads above water. Our home in Canada is nearly 3 hrs from Buffalo. If I can get a job here even temporarily I would stay with family and only go back home in Canada when work and or finances allow.

I guess my next question would be residence. I wouldn't be going back to our home in Canada nightly or even weekly. More to the point of the definition of residence as it pertains to working in the US. Do I need to reside in the US to work or does my residence even apply in this situation as long as I meet my Canadian PR requirements?

 

[jazibkg]

I am a US citizen. I've been a Canadian PR since November 2011. I have lived in Ontario since then as well. I got my PR shortly after marrying my wife who is a Canadian citizen. I am eligible to apply for Canadian citizenship next month.

You should wait to apply for Canadian citizenship first, and after your case is into processing / accepted you may look back into moving to the US.

 

[Leon]

Of course you can work in the US. As a US citizen, you need no visa or permission from anybody to take a job in the US.

Your PR is safe as long as you spend at least 730 days in Canada in any rolling 5 year period. Time spent with your Canadian citizen wife outside Canada also counts towards the 730 days. If you have spent the past 2 years in Canada, you already have 730 days to cover up to 3 years outside so you don't really have to worry about your PR status any time soon.

As for citizenship, technically, it is enough to be living in Canada when you apply and there is nothing that says you can't move outside Canada after you apply, however, immigration doesn't like it so if they find that you are not residing in Canada, they may be inclined to delay your application, give you a residency questionnaire etc.

As for taxes, the question is if you would still be seen as a tax resident of Canada or not. If you are staying in Canada more than 6 months a year or are keeping a home and family in Canada, you may still be seen as a resident for tax purposes. You would be required to file taxes in the US because you work there and maybe in Canada too on your world income but because the US and Canada have a tax treaty, you will not be paying much in Canada because you have already paid in the US.

As for health care, in ON, you must reside in the province at least 153 days a year to keep your health care. If you will not make that, it is better to let OHIP know that you have moved even if it means losing your OHIP card rather than have them find out and have problems with them later. You can always apply for OHIP again when you move back to Canada.

 

[eisej]

I wanted to post an update. Since I was unable to find work in my field (automotive) in Canada our finances forced me to come back to Buffalo NY and find a job here which I have. Very easily I might add. Especially when compared to finding work in Ontario. The problem I have run into is the local (not international or even national) company is requiring me to get a New York State license. I currently have my Ontario license which I exchanged when I became a perm res. On the nys driver's license application the do require me to forfeit my Ontario license.

My question what effect will this have on my PR students in Ontario?

 

[Leon]

I wanted to post an update. Since I was unable to find work in my field (automotive) in Canada our finances forced me to come back to Buffalo NY and find a job here which I have. Very easily I might add. Especially when compared to finding work in Ontario. The problem I have run into is the local (not international or even national) company is requiring me to get a New York State license. I currently have my Ontario license which I exchanged when I became a perm res. On the nys driver's license application the do require me to forfeit my Ontario license.

My question what effect will this have on my PR students in Ontario?

Having a New York license could be seen as an indicator that you have left Canada permanently. However, as I said, there is nothing in the citizenship law that is currently in effect that says you may not have left Canada after applying for citizenship. They may however delay your application, ask for an RQ etc.

As for your PR, you may live in another country for up to 1094 days in any 5 year period so as long as you meet those requirements and don't go over that limit, you keep your PR.

 

[eisej]

Thank you.