Time Out From Us

[Trap]

Have a quick question, if inthe Us and you come back to Canada, how llong do you have to stay in Canada to count as time out.

I have heard 30 days, but would like to make sure on that.

[Trap]

netjam wrote:
Trap... your 8:10 response is correct. You must spend 30 days outside the US or the time at Christmas (2 weeks) would be considered part of your whole trip and counted as if you were in the US for those 2 weeks. This has most recently been documented in the CSA travel information guide fourth edition page 20. In previous editions they also showed a letter from the US border service which layed this out. The CSA Guide is not a definitive legal guide but the letter in previous editions was. This is a US requirement and Canada does not view your time away from your home province the same way. You can come home for 2 weeks and go back to the US but you should count the 2 weeks as time in the USA and part of your 6 months beit 181, 182 or 183 days.

Thanks netjam that was what I was trying to make sure off.

[netjam]

Trap... your 8:10 response is correct. You must spend 30 days outside the US or the time at Christmas (2 weeks) would be considered part of your whole trip and counted as if you were in the US for those 2 weeks. This has most recently been documented in the CSA travel information guide fourth edition page 20. In previous editions they also showed a letter from the US border service which layed this out. The CSA Guide is not a definitive legal guide but the letter in previous editions was. This is a US requirement and Canada does not view your time away from your home province the same way. You can come home for 2 weeks and go back to the US but you should count the 2 weeks as time in the USA and part of your 6 months beit 181, 182 or 183 days.

[Almot]

I don't know where in official documents it says that time under 30 days doesn't count. But you have to demonstrate "significant ties" to Canada in case if it suddenly "appears" to the border agent that you are de-facto US resident.

[nbking]

This was reported in the Snowbirds magazine some time ago.

If you are out of the US for less than 30 days, all the days spent out of the country count as time in the US. You must be out of the US for 30 days or more for those days not to qualify.

[Trap]

Thanks for the replies, maybe I better explaon myself more.
Lets say you go south in mid October, then come home for 2 weeks at Christmas, I heard that unless your back in Canada for at least 30 days it is not considered as timeout from the US

Thanks Trap

[Community Alumni]

Almot wrote:
There is no set period of time Canadians must wait to reenter the U.S.

But...

If it appears to the {US} CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents.

CBP Info, see the last paragraph.

OTH, we are allowed to spend there no more than 182 days in 12 months period. They count days, not weeks or months. Which means - any number of days out is counted as time out. It also means
that you can't enter the US again even for ONE day, unless you stayed more than 183 days "out" in the last 12 months.

That's it as I understand. The only thing different that we were told during our Nexus interviews a couple years ago was that it goes by calendar year, i.e. 182 days per calendar year. You also need to use the three year formula to determine if you must complete the 8840 IRS form. We are in the 170 days neighborhood so we really watch our US time.

[Almot]

There is no set period of time Canadians must wait to reenter the U.S.

But...

If it appears to the {US} CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents.

CBP Info, see the last paragraph.

OTH, we are allowed to spend there no more than 182 days in 12 months period. They count days, not weeks or months. Which means - any number of days out is counted as time out. It also means
that you can't enter the US again even for ONE day, unless you stayed more than 183 days "out" in the last 12 months.

[robatthelake]

Good question. I would guess that you are probably right on the 30 Days thing .