US couple Canada PR live in Ontario work in NY&ON, car import & border crossing

[Buffalonian]

Hi, Everyone,
We are US citizens with a residence in Buffalo, and both have PR status in Canada (landed but have not moved in yet). One of us works in Buffalo and the other in Ontario. We are planning to move to live in Ontario for some time and are trying to figure out some details:
1. Do we need to import our cars to Canada or we can keep driving US plated cars to cross borders frequently? We will have residence on both sides, so need to cross often.
2. If we do need to import the cars, where is the government document/regulation about this located?
3. If we import cars to Canada, will there be an issue at the border when driving Ontario plated cars/Ontario driver licence to come to the US to work daily as US citizens?
4. Is there any better arragement that can make border crossing simpler, particular regarding the car licence plates/driver licence.
5. When we exchange a US driver licence for an Ontario one, do we get the US driver license back?

We need to make a decision very soon (in a couple of weeks), so any suggestion is greatly appreciated!

 

[CanV]

Hi, Everyone,
We are US citizens with a residence in Buffalo, and both have PR status in Canada (landed but have not moved in yet). One of us works in Buffalo and the other in Ontario. We are planning to move to live in Ontario for some time and are trying to figure out some details:
1. Do we need to import our cars to Canada or we can keep driving US plated cars to cross borders frequently? We will have residence on both sides, so need to cross often.
2. If we do need to import the cars, where is the government document/regulation about this located?
3. If we import cars to Canada, will there be an issue at the border when driving Ontario plated cars/Ontario driver licence to come to the US to work daily as US citizens?
4. Is there any better arragement that can make border crossing simpler, particular regarding the car licence plates/driver licence.
5. When we exchange a US driver licence for an Ontario one, do we get the US driver license back?

We need to make a decision very soon (in a couple of weeks), so any suggestion is greatly appreciated!

1. Either.
2. Do your research.
3. No
4. No
5. No

 

[Buffalonian]

Hi, CanV,
Thank you very much for the reply. It sounds great that you said we do not have to import. But just minutes ago, I called a border office and talked with an officer, he kind of said that it's risky to drive a US plated car to enter Canada as a permanent resident of Canada and a US plated car may get seized by CBSA. If such occasion occurs, is there any clause in a government document that I can refer to?
And in a number of places, people are talking about the Ontario requirement of its resident to drive ON plated cars, I am unable to find such a document. Thanks for any insight!

 

[david1697]

Buffalonian, I don't know what the letter of law in this regard is , I have very basic understanding and knowledge of Canadian laws and I always tell people that I am a layman who just shares an opinion, not a legal advise.

All above duly noted, I will tell you that from what I have read on the subject the border officials never prevent anyone from going to Canada with US plates and vice versa, as long as you didn't steal the vehicle and are not sought in relation to commission of a crime.

You may have serious issues with your insurance company or financing/leasing if you break the contractual obligations (garage your car in Canada while paying policy for US kept car or keep your leased car more than 30 days abroad, and that sort of thing), but I don't think you will have a problem with Canadian Border Service for daily or frequent commute to work and/or your home just because of your car plates.

You should most of all be concerned with your policy coverage and licensing requirements. I don't know how your residency is determined by motor vehicle administration and insurance company nor what happens when you reside in CA and US throughout the year, but you should find out before you get surprised with what you don't want to happen.

 

[Buffalonian]

Hi, David1697,
Thanks for sharing your thoughts. Insurance is certainly one aspect to consider, but that's relatively easier to take care of. I believe that for visitors from the US, there won't be any problem with driving US plated cars in Ontario. The main thing here is driving a US plated car as a Canadian (PR). There is a document out there like "memorandum D2-4-1", but that does not answer my question.

 

[david1697]

I have landed in Canada as PR driving my US plated vehicle across border. I drove to Canada again later on ,driving the same, US plated vehicle.
Neither Canadian nor American border officers asked me any question about the vehicle I was driving.
Canadian border officers were rather hard on me (US CBP was just smiling and waving in) , but neither one asked "Why are/were you driving US plated vehicle across the border" and that sort of thing.

But you should definitely research and find out what the requirements for someone in your circumstances are.

Wish you all the best.

 

[Buffalonian]

Thanks David. Ironically, It seems a much easier way (without such border crossing trouble on US plated cars) to maintain legal Canadian PR status after landing is to not live in Canada. It seems to be fine for someone with PR status but not living in Canada to drive US plated cars in Canada. If one drives in Canada as a non-resident, that day counts toward the residency requirement.

 

[buffaloniagara97]

Hello,

I am in a similar situation, but reversed. I have residences both in Buffalo and Niagara Falls , Ontario. I am a CDN citizen and a recent US green card holder whose working in Buffalo. I have Ontario license plates and have had no issue crossing the border regularly. Recently, crossing into the US, I got asked as to why I have not changed my license plates as yet, to which i replied I commute between both my residences i.e 50% 50% +- 5% depending on the week. Have older parents to take care off and wife working a resident doctor with insane shifts so we keep a home near work in Buffalo.

my question was , Do I have to get NY license plates? or can I keep driving with my Ontario plates. Will it anyhow affect my green card time to get eligible for US citizenship?
If I do go ahead and change my plates, will I probably have the same issue on the Cdn side then?

 

[links18]

Having PR status is not the same as being a legal resident of Canada for customs purposes. The problem you are going to have is that every time you cross the border the CBSA officer will make a determination about your residency status, based on Canadian customs laws and regulations. If they determine you are resident, they will make you import your US car and pay applicable taxes. You can rebut the assumption that because you are a Canadian PR, have a Canadian residence and a spouse who works in Canada that you are a Canadian resident for customs purposes by carrying proof of your residential ties to the US. This is turn however might eventually lead to questioning of your PR status, so you should also be prepared to show you haven't violated your PR residency obligation in Canada (which really isn't a residency obligation, but a physical presence one). However, each time you cross the border you will be subject to a new determination. You could cross 100 times with no problems and the 101st get a real jerk having a bad day. Applying for NEXUS might alleviate some of the uncertainty.

Vehicle registration and insurance issues are state/provincial matters. You need to check both NY and Ontario law on this. Generally, you register and insure in you place of primary residence, but each state/ province has its own laws about what makes you a resident for vehicle registration/insurance purposes and some even require non-residents to register and insure their vehicles after a certain physical presence period (Michigan is one of these for those commuting from Windsor). And yes, it is possible to be in a situation where you are legally required to register and insure you car in more than one state/province simultaneously and yes it is is possible to do so.