British Expats

British Expats (https://britishexpats.com/forum/)
-   Canada (https://britishexpats.com/forum/canada-56/)
-   -   3 months on, 3 months off, twice a year... (https://britishexpats.com/forum/canada-56/3-months-3-months-off-twice-year-937870/)

Din0saur Mar 29th 2021 9:02 pm

3 months on, 3 months off, twice a year...
 
My ex wife and kids will be moving to Ontario (mississauga) next year. She has family there and I believe they will have a better life with them than being raised by me in London UK.
My first reaction...which i've just started second-thinking...was to move as well, live nearby (Hamilton) and take the kids every weekend. Was going to fully commit and hope for the best. Now realising that that's probably doomed for failure, even if i manage to get a PR (i'm a UX senior manager but ideally want to keep my job in London remotely).
Instead, i'm now thinking 3 months here, then 3 months in CA, then repeat will potentially work. That way i can keep my job, but more importantly be very much a part of my kids' lives, as well as staying sane by keeping close to my friends and family in London.

Is that possible? Is that just an eTA for me as i'm a GBR citizen visiting family? Has anyone done this or is it stupid? The plan is probably to slowly aclimatise and eventually move permanently, rather than just rushing in and getting it wrong


Tangram Mar 30th 2021 6:31 pm

Re: 3 months on, 3 months off, twice a year...
 
As a visitor you'll "probably" be ok, but you're not guaranteed entry and I don't think technically you are allowed to work without PR.

Maybe our resident border guard will be along to chip in.

Din0saur Mar 30th 2021 8:43 pm

Re: 3 months on, 3 months off, twice a year...
 
not guaranteed entry even for the regular visits?

I've read that as long as you're not taking away from Canada (undeclared work, not paying taxes etc) then it's ok to work on visits especially if it's remote?

DandNHill Mar 30th 2021 9:42 pm

Re: 3 months on, 3 months off, twice a year...
 
So have you thought about your living arrangements? You’d have to maintain two homes and two vehicles?
Rent is not that cheap here anymore.
hopefully you can work something out. I live in Hamilton if you need input...

Siouxie Mar 30th 2021 9:53 pm

Re: 3 months on, 3 months off, twice a year...
 
Hello and welcome to BE - sorry to hear of your troubles..

Canada immigration will require your consent for your (soon to be ex) to bring the children into Canada. https://travel.gc.ca/travelling/children/faq and https://www.cic.gc.ca/english/helpce...um=1022&top=16
Does your ex have Canadian Citizenship, do the children? Perhaps a good idea to ensure they have their Brit Citizenship before you permit their exit from the UK.

There are no guarantees that you will be allowed to repeatedly enter and stay for 3 months, it could be as short as a day or a week! It's up to the CBSA officer on duty on the day you arrive to decide. If they believe you are trying to circumvent obtaining PR, i.e. not a valid visitor (you will need proof of ties to the UK) then they are at will to refuse you or curtail your stay... this is more likely the more times you do it. Bear in mind also, the current restrictions on visitors to Canada (who knows how long it might be ongoing).

As to 'moving permanently' - have you ascertained your chances of obtaining PR under Expres Entry? Will you qualify - will you have enough points to get an invite? Immigration routes and the requirements for each change frequently - what is valid now may not be in 1 - 5 years time. You could obtain PR and still work remotely for the UK client :) I'd suggest checking our wiki and the section by christmasoompa, and checking whether you will qualify / have enough points: https://britishexpats.com/wiki/Quick..._by_step_guide

As to working remotely - yes you are permitted to as a visitor, however, you have to ensure there are no Canadian clients.

Difficult decision for you - but do bear in mind your children can't be removed from the country without your express consent. https://childlawadvice.org.uk/inform...ges/abduction/

I live in Hamilton.. and rentals are expensive presently - additionally, unless you get an 'executive' rental or Air bnb, you will be required to take a 1 year lease, and will need to furnish it, etc..

Decisions, decisions :(

christmasoompa Mar 31st 2021 10:27 am

Re: 3 months on, 3 months off, twice a year...
 
And just to add to Siouxie's excellent post above, don't forget that if you're just there as a visitor, then even if you are allowed entry for the 3 months you hope for, you won't be covered for healthcare, so you'll need to make sure that you have good insurance. And I'd personally aim to spend less time in Canada and more in the UK so that you don't risk losing access to the NHS or anything like that, so maybe 5 months in Canada over the year and 7 months in the UK? The way you won't run in to any tax residency issues either.

One other thing to check is driving licences - will you be able to drive in Canada on your UK licence for that long, or will you be required to get a Canadian one? I've no idea, but it's another thing to look in to.

If you think you might want to move permanently in the future, then do look in to whether or not you'd be eligible for PR. Bearing in mind that you wouldn't actually have to move until about 4 years after applying for PR, you might decide to do that sooner rather than later, particularly if you'll lose points due to getting older.

Best of luck.

bats Mar 31st 2021 9:58 pm

Re: 3 months on, 3 months off, twice a year...
 
We have neighbours who live and work in the UK but come here for 6/12 every year - apart from during the plague. He works for his UK companies while he's here, gets up early and logs on etc. AFAIK they haven't had a problem and have been doing this for over 10 years.
maybe get a cottage and the kids can stay for the summer vacation

Siouxie Apr 1st 2021 12:42 am

Re: 3 months on, 3 months off, twice a year...
 

Originally Posted by bats (Post 12989948)
We have neighbours who live and work in the UK but come here for 6/12 every year - apart from during the plague. He works for his UK companies while he's here, gets up early and logs on etc. AFAIK they haven't had a problem and have been doing this for over 10 years.
maybe get a cottage and the kids can stay for the summer vacation

Do either of them have PR or citizenship status (or Supervisa's) or are they repeatedly coming purely as visitors?

tdrinker Apr 2nd 2021 4:00 am

Re: 3 months on, 3 months off, twice a year...
 
It might work, but it’s far from guaranteed. I know little of Canadian visas / Immigration, but it’s unlikely they will allow you to live (and work) there for 6 months a year in the long-term as a visitor. Different immigration officials may interpret the rules differently, how long before you encounter one who refuses you entry? Plus, there’s no guarantee the 3-month visit rule won’t change (be reduced) in future.

Also, check the tax situation. You would remain UK tax resident, but would there be any Canadian tax implications? Others can probably advise, and best to also obtain professional tax advice.

Realistically, you can’t have everything – keep your job and life in London, and be a “hands-on” father with regular face-to-face contact to your children who are living and growing up in Canada. Something has to give.

bats Apr 2nd 2021 10:52 pm

Re: 3 months on, 3 months off, twice a year...
 

Originally Posted by Siouxie (Post 12989980)
Do either of them have PR or citizenship status (or Supervisa's) or are they repeatedly coming purely as visitors?

Just as visitors. They own the house, have a car parked on the driveway. They must have been doing this for more than 12 years and usually take a trip to the USA while they are here so that's another border crossing. Maybe its easier tte longer youre doing it as it shows a pattern of leaving,?

seascape Apr 3rd 2021 8:07 am

Re: 3 months on, 3 months off, twice a year...
 

Originally Posted by bats (Post 12990744)
Just as visitors. They own the house, have a car parked on the driveway. They must have been doing this for more than 12 years and usually take a trip to the USA while they are here so that's another border crossing. Maybe its easier tte longer youre doing it as it shows a pattern of leaving,?

would be interesting to know how they do the driving license, maybe one drives in U.K., one in Canada!

Siouxie Apr 3rd 2021 3:54 pm

Re: 3 months on, 3 months off, twice a year...
 

Originally Posted by seascape (Post 12990809)
would be interesting to know how they do the driving license, maybe one drives in U.K., one in Canada!

As visitors they are unlikely to have the correct documentation to exchange their license to an Ontario one, unless they have Visitor Records (i.e.not just the stamp in their passport) or exchanged when they qualified in an earlier year, perhaps . They could also be liable for taxes as they own property here - so have ties to the country.. something the OP should take into consideration. https://www.canada.ca/en/revenue-age...cy-status.html




The most important thing to consider when determining your residency status in Canada for income tax purposes is whether or not you maintain, or you establish, residential ties with Canada.

Significant residential ties with Canada include:
Secondary residential ties that may be relevant include:
  • personal property in Canada, such as a car or furniture
  • social ties in Canada, such as memberships in Canadian recreational or religious organizations
  • economic ties in Canada, such as Canadian bank accounts or credit cards
  • a Canadian driver's licence
  • a Canadian passport
  • health insurance with a Canadian province or territory


bats Apr 3rd 2021 4:37 pm

Re: 3 months on, 3 months off, twice a year...
 

Originally Posted by seascape (Post 12990809)
would be interesting to know how they do the driving license, maybe one drives in U.K., one in Canada!

if I remember correctly it's on an international license

Din0saur Apr 5th 2021 10:19 pm

Re: 3 months on, 3 months off, twice a year...
 
Thanks for the the replies and info, much appreciated

My kids are both UK citizens, wife will have indefinite leave to remain next March. I'll be giving full consent for the to leave, it's a complicated situation but it's the right thing for them all.

I've started looking into Express Entry and PR, looks like i'd need to take the language tests so i can submit my scores in order to find out? Also tricky if i have to calculate my Net Worth as I won't know how much cash i'd have available until we've sold the house (know roughly but not accurately)

Gonna check out christmasoompa's guide thanks

I'm thinking this approach isn't smart. It would be way too disruptive and expensive. Makes more sense to settle in Canada, and make a long trip or 2 back to the UK every year. That way (if i get PR...) I could buy a place in Hamilton, get a car and a license, then stay with family and Air Bnbs back in UK. Having to worry about short term lets in Hamilton every time would be a nightmare.


Significant residential ties with Canada include:
  • dependants in Canada

Would this alone complicate things?

Siouxie Apr 5th 2021 11:06 pm

Re: 3 months on, 3 months off, twice a year...
 

Originally Posted by Din0saur (Post 12991631)
Thanks for the the replies and info, much appreciated

My kids are both UK citizens, wife will have indefinite leave to remain next March. I'll be giving full consent for the to leave, it's a complicated situation but it's the right thing for them all.

I've started looking into Express Entry and PR, looks like i'd need to take the language tests so i can submit my scores in order to find out? Also tricky if i have to calculate my Net Worth as I won't know how much cash i'd have available until we've sold the house (know roughly but not accurately)

Gonna check out christmasoompa's guide thanks

I'm thinking this approach isn't smart. It would be way too disruptive and expensive. Makes more sense to settle in Canada, and make a long trip or 2 back to the UK every year. That way (if i get PR...) I could buy a place in Hamilton, get a car and a license, then stay with family and Air Bnbs back in UK. Having to worry about short term lets in Hamilton every time would be a nightmare.

Would this alone complicate things?

'Assume' for the sake of getting an idea of points that you have taken IELTS and obtained top marks - that you have also had an ECA and that you have the minimum required funds required (no Net Worth required unless your are going to apply for PR through self employment or similar).. if you follow Christmasoompa's guide you will be able to determine the amount of points you are likely to have and your chances of an invite through Express Entry - but do bear in mind there are other options, such as Provincial Nomination. What is it you do for a living - have you determined your NOC code?

Significant ties to Canada would only be an issue if you were living overseas and spending time in Canada, not the other way around... if you are living as a Permanent Resident in Canada your tax situation should be relatively simple.



All times are GMT. The time now is 8:40 pm.

Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.