We don't want to work in the US and do have home in Canada

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chichiNew Member
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Joined: 12 Oct 2009

We don't want to work in the US and do have home in Canada

Post Mon Oct 12, 2009 5:03 pm

However we want to stay in the US longer then six months we have property and live off the incomes so we have the finances to take care of ourselves without working any suggestions on what the best way is to go about this
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agnelsonCanuckAbroad VIP
Posts: 2869
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Joined: 26 Aug 2009

Re: We don't want to work in the US and do have home in Canada

Post Mon Oct 12, 2009 5:54 pm

if you don't care about Cdn healthcare (you lose it after 6 months, or 7 months for OHIP, outside canada within any 12 month period), you can simply go back to Canada for one day every 5-6 months and come back. Carry iron-clad proof of your maintaining home in Canada, your income, and your dates of departure from US.

Then, it will be up to border officer to allow you to enter or not.

You should also be prerpared to be declared a tax resident of US, and CRA will declare you departed from canada, subject to departure tax, etc.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Re: We don't want to work in the US and do have home in Canada

Post Tue Oct 13, 2009 4:00 am

That might work once or twice.
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Re: We don't want to work in the US and do have home in Canada

Post Wed Oct 21, 2009 9:47 am

chichi wrote:we have property and live off the income


Where the properties are is also important. If they're US properties then effectively you are operating a US business, you cannot do it from inside the US as a visitor. Some caselaw I remember reading some time ago where someone got into trouble doing that. You are effectively engaged in a business, not the same as having a vacation home that you rent out when you're not there.

If you keep leaving and entering every six months, CBP will eventually deny you entry as they won't believe you have non-immigrant intent anymore based on your duration of stay. If you move your tax home to the US then you can't really effectively claim you're just a visitor.
Steve.
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