Six month limit for northerners?

[trailerbikecamp]

Me and DW were having a conversation the other day about a siz month time limit for Canadians spending time in US. She thinks that Canadians can only spend a max of six months south of the border, then have to come home for six months.

I think that the time outside US does not need to be that long.

This is for Canadians spending the winters down south, not for those working or attending school.

Does anyone out there have accurate info on this? How are these laws worded?

[Community Alumni]

FULLTIMEWANABE wrote:

PackerBacker wrote:

Mike Boutet wrote:

MudChucker wrote:
Sort of accurate, we can stay 6 months and must return to Canada for 24 hours before may return to the USA.

The 24hrs statement is incorrect. According to US customs agent you need to be in Canada for a minimum of 30 days. Otherwise the US government considers you still in US.

Actually it's a total 6 months of days within any specific calendar year. Once you cross over into a new year the 'clock' starts over again; there is no minimum time in Canada from a US Customs & Immigration perspective.

Actually PackerBacker, we were under that impression as well regarding 6 months in any one "calendar year" so Jul to Dec and Jan to Jun would be two separate years, two separate 6 months, but we were told that is not the case, and technically doing that we would overstay our allowed time in the USA and be subjected to a 5 year to 10 year ban. Just saying that's what officialdom told us, as we intended to do that when building a house in Fla from early November until Certificate of Occupancy granted June the following year. Just saying that's what we were told when crossing over the border to do just that in November 2009. So I had to fly him back and forth in-between trades so spread it out so he was there when it mattered most during construction, and daughter and I used up some of our time there in-between to keep an eye on things = and we were so glad we were always on site as we oversaw things that caused more than just head.

This is not quite the same as I was told at a meeting with US Customs & Immigration in March. I think the difference is that after the initial 6 months, you do need to actually exit the US to restart the clock. That was the way it was when I was working on both sides of the border using a US work visa. My prior comment was really intended for Snowbirds accumulating up to 6 months of days in the US in any given year and who would normally be out of the US for the time in between. You comments are correct for someone who wants to stay in the US for 12 consecutive months over a 2 calendar year period.

... Eric

[John___Angela]

Canada has no limit on how long you can be out of the country although you may jeapordize your healthcare coverage if you don't inform your province or territory of your extended absence. There are EXPAT policies you can get to cover you anywhere in the world.

US immigration has a 180 day limit you can be in the USA in a year. After that you are an illegal alien and can be deported. The visa you are on is a B2 visa. You can not work on a B2 implied visa otherwise known as a snowbird visa. If you want to stay longer you need to apply for a different visa.

The IRS doesn't care how long you are in the US as long as you start filing tax returns after 183 days in the US and pay US taxes.

[FULLTIMEWANABE]

PackerBacker wrote:

Mike Boutet wrote:

MudChucker wrote:
Sort of accurate, we can stay 6 months and must return to Canada for 24 hours before may return to the USA.

The 24hrs statement is incorrect. According to US customs agent you need to be in Canada for a minimum of 30 days. Otherwise the US government considers you still in US.

Actually it's a total 6 months of days within any specific calendar year. Once you cross over into a new year the 'clock' starts over again; there is no minimum time in Canada from a US Customs & Immigration perspective.

Actually PackerBacker, we were under that impression as well regarding 6 months in any one "calendar year" so Jul to Dec and Jan to Jun would be two separate years, two separate 6 months, but we were told that is not the case, and technically doing that we would overstay our allowed time in the USA and be subjected to a 5 year to 10 year ban. Just saying that's what officialdom told us, as we intended to do that when building a house in Fla from early November until Certificate of Occupancy granted June the following year. Just saying that's what we were told when crossing over the border to do just that in November 2009. So I had to fly him back and forth in-between trades so spread it out so he was there when it mattered most during construction, and daughter and I used up some of our time there in-between to keep an eye on things = and we were so glad we were always on site as we oversaw things that caused more than just head shakes!

FWIW: Ironically here is a cut and paste iMessage I sent my hubby last week as I personally need to head down to Mexico in our RV to get some expensive (here) dental work done asap and would prefer he were with me: "OK, so your days in the USA Aug 31st/Oct 8th returned 2015 = 39 days in USA. Fla trip 2nd Nov till 15th December = 44 days in USA. Current Fla trip = 15th March until 11th May = 58 days. OK, so in total your days in the USA up until this trip ends = 141. So technically between now and end August you have 42 days to play with which is 6 weeks but would be crazy to take it to the wire in case of problems and you get banned for 5 to 10 years from USA for overstaying, so for safety I’d say you’ve got maximum of 30 to 35 days left to play with between now and end August. Man oh man this is crazy having to do all the calculations eh?"

If anyone has categoric official confirmation that it is indeed 6 months in any one "calendar new years day start" I'd so very very much appreciate your sharing that source.

[Community Alumni]

Mike Boutet wrote:

MudChucker wrote:
Sort of accurate, we can stay 6 months and must return to Canada for 24 hours before may return to the USA.

The 24hrs statement is incorrect. According to US customs agent you need to be in Canada for a minimum of 30 days. Otherwise the US government considers you still in US.

Actually it's a total 6 months of days within any specific calendar year. Once you cross over into a new year the 'clock' starts over again; there is no minimum time in Canada from a US Customs & Immigration perspective.

[v10superduty]

To the OP...

Did you get that? :h

Lots of info given.. some accurate, some not so much. 🙂
Everyone is entitled to their opinion of what they understand the regulations to be.
I suggest you print out and carry copy of this thread to show customs or IRS folks when they start to question you.

[Mike_Boutet]

MudChucker wrote:
Sort of accurate, we can stay 6 months and must return to Canada for 24 hours before may return to the USA.

The 24hrs statement is incorrect. According to US customs agent you need to be in Canada for a minimum of 30 days. Otherwise the US government considers you still in US.

[Geeze]

Our government will probably build a wall to keep them in so we can tax them;)

Lenny K wrote:

Dick_B wrote:
and after we build the wall it will be zero days!-)

too funny

[Lenny_K]

Dick_B wrote:
and after we build the wall it will be zero days!-)

too funny

[Dick_B]

and after we build the wall it will be zero days!-)

[Community Alumni]

DHDW&2dogs wrote:
US immigration only allows Canadians to stay up to 182 days in a 12 month period, be very careful and keep track of the days you spend in the USA. Every time that you enter the USA even for a few minutes counts as 1 day

USA IRS considers you a usa CITIZEN FOR INCOME TAX PURPOSES IF YOU SPEND MORE THAN 180 DAYS IN A 3 YEAR PERIOD ACCORDING TO THIS FORMULA days of current year + 1/3 days of previous year+ 1/6 days of the 2nd previous year. to avoid paying USA income tax complete form 8840

Make sure that you understand the rules and you will not have any problems

This pretty much sums it up. Both sides of the border are now able to share data electronically so folks really need to play by the rules.

[You_can_t_take_]

Here's a link from the Canadian Snowbirds Association. Lots of information on their site...
link

[FULLTIMEWANABE]

DHDW & Netjam are most accurate here, but of course one should check with the governing resources on anything so important. If you spend more than 120 days per year averaged over a 3 year period in the USA I believe that is the correct timeframes, you should complete a "closer connection" form, and when crossing the border have this to hand as well as proof of "closer ties" to Canada ie; deeds of property, drivers licenses, utility bills, bank statements etc. Generally to prove to the admitting officer you can support yourself whilst in the USA for almost 6 months = not illegally working; that you have a reason to return to Canada.

Each province also has different rules on amount of time one needs to be in province to retain health care privileges. There are exceptions to this upon application for once or twice in a lifetime exceptions. We are unclear if there no paper trail (ie; Cash not credit cards used) how they can prove length of time in the actual province of residence, but we are aware that information is now readily being exchanged between the USA and Canada on entries/exit dates etc. We are also aware of others in the past having overstayed their welcome and being banned from entering the USA for up to 10+ years after the fact. Just as we met Irish folks for 9+ years illegally living and working in Santa Monica, until they finally got green cards under some kind of lottery system. Amazes us how their children were schooled etc. Guess there's a way around everything if you know the "underground" systems.

Bottom line is BIG BROTHER is watching you, so best to know the rules from officialdom and adhere to them. If more time required or otherwise apply for the relevant visa/permits.

[Fizz]

Plus...

Your health insurance is Provincial so you can't be out of Province for more than 6-7 months depending where you live.

You can't spend 6 months in the States and spend time in some other province other than your home and still be covered..

[netjam]

Yeti plus is sort of right (the yearly limit can fluctuate depending on leap year...usually 180-181 days). DHDW is very correct and the other point to remember is that each province has a minimum that you must be in your province to retain health services. Going to the USA for 6 months and then another Canadian province for 2 months could be a problem. As DHDW said, make sure you know the rules. Asking on a forum is helpful but you can't always rely on everything in a forum.

[DHDW_2dogs]

US immigration only allows Canadians to stay up to 182 days in a 12 month period, be very careful and keep track of the days you spend in the USA. Every time that you enter the USA even for a few minutes counts as 1 day

USA IRS considers you a usa CITIZEN FOR INCOME TAX PURPOSES IF YOU SPEND MORE THAN 180 DAYS IN A 3 YEAR PERIOD ACCORDING TO THIS FORMULA days of current year + 1/3 days of previous year+ 1/6 days of the 2nd previous year. to avoid paying USA income tax complete form 8840

Visit Cdn snowbird association web site for details and explanations.

We normally leave Canada around Nov 5th and return around April 15th

Make sure that you understand the rules and you will not have any problems