MVX

Hi,

This issue has two parts, so I will be posting the counterpart in the Canada forum, but this is for the US-related portion of the situation. I would greatly appreciate any insight based on similar experience. Apologies in advance for the verbosity but I like to be thorough:

Background: I am a UK citizen and a US Permanent Resident. I am self-employed but currently primarily working on a project for a US corporation, paid a monthly retainer.

The US corp. has subcontracted the software development portion of this project to a Canadian software developer. Since Autumn 2014 I have visited Canada approximately once every 4-6 weeks usually for 4 days of meetings (meet with the team, keep an eye on them, report back to the bosses on progress - usual business meeting stuff.)

Current situation: The US corp. has now asked me to spend more time there until the project launches in Spring 2016, essentially flipping my schedule so I'll be spending one week out of 4-6 back home in the USA, and the rest living out of a suitcase in Canada. The majority of my work will still be liaising with the US-based folks, but the idea is that I will be "on hand" to answer questions, and give executive direction where necessary to the Canadian team, hopefully to avoid any delays to the project.

This appears to be a grey area as far as Canadian work permits and visa law are concerned: I have zero roots in Canada, I still live and am paid in the USA, by a US company, etc. and will be back home in the States approx once every month for a week (sometimes once every six weeks - it depends on the project schedule, coordinating with both US and Canadian seasonal holidays, and so on.) So whether or not I require some kind of Canadian work permit is not clear. I'm essentially protecting the investment (and it is a multi-million dollar investment) in the project by the US company. Also, it's not a "stealing Canadian jobs" situation - I am one of the original architects of the project, and it's not something that someone else could do.

My US-related question is this: Right now as long as I come and go to and from Canada and am not outside the USA for more than six months, I'm OK as far as my US PR status is concerned. However, if I *do* have to get some kind of Canadian work permit to avoid being questioned every time I go back up there for 3 or 4 week stretches, does that affect my US PR status in any way? I will still be paid in the USA (by a US corp), filing taxes in the US, maintaining my home and life in the US. I just don't want to do *anything*, however slight, which in any way would ever jeopardize my US PR status.

I will post a version of this to the Canadian forum asking about the Canadian side of the issue.

Many thanks in advance for any insightful input.

--MVX

Pulaski

So long as you are not out of the US for more than six months at a stretch, and maintain your home (whether rented or owned) and all the related trappings of home (utility bills, car registration, gym membership, bank account, etc.) in the US, then there is no risk to your permament residency.

The only impact I can think of is to keep a log of when you come and go because it will impact when you will become eligible to apply for citizenship.

ian-mstm

You're okay as long as you're not outside the US for more than six months continuously! If you're back and forth to the US every month or two, it's not an issue.


No.

Ian

MVX

@Pulaski, thanks for the quick response!

I do indeed have all the related trappings (well, except the gym membership...)

I will never be out for more than a few weeks at a time, and I do keep a record of all my international travels for the exact reason you mention (I am recently eligible for US citizenship, but I haven't made the decision to do so yet.)


--MVX

MVX

Thanks Ian. No, it won't be continuously. I definitely need some respite from the Canadian weather during the winter months. It's COLD up there!

ian-mstm

I'm well aware - I grew up in Canada! There's nothing in the world like watching the thermometer register -35c for 3 weeks in a row! I used to work at a high school, and during the year it took some kids 45 minutes on the bus to get to school... but in the winter it took them 5 minutes - because the lake was frozen and they could snowmobile across it without having to go by road! Ah, those were the days!

Ian

crg

As long as each trip is for less than 1 year and done with the intention of being temporarily away from and then returning to your place of general abode (US residence) you're fine with just the green card. Keeping the trip under six months has limited benefit in some situations.

MVX

Thanks @CRG. I'll never be gone for more than a few weeks at a time, returning always to my place of residence in the US.

I guess my concern is more about if I have to get a Canadian work visa/permit, does that somehow impact my US PR status - i.e. if my UK passport now has an active Canadian permit or visa, am I then somehow affected when presenting my passport and Green Card at US immigration on my way back in to the States.

--MVX

MVX

When I was up there in January it hit -35C. My earlobes froze in about 5 minutes and I had to go buy one of those balaclavas that goes down past your neck. The next day I was back in the States and it was +32C, and I was in shorts, t-shirt and flip-flops. On a conference call with the Canadian team they suggested (pleaded) that we do the next round of meetings at my place!

--MVX

Pulaski

Ian has already answered that question, #3, above. I agree with him - no impact whatsoever. In fact if, over the course of time, you became eligible for Canadian citizenship (based on what you've said, you won't, but just suppose) you could become a Canadian citizen and it still wouldn't impact your US PR status.

MVX

@Pulaski. Noted, thanks for the corroborating feedback.

--MVX

crg

I agree too. You're allowed to be temporarily away from your US home even with a work visa. It may raise concerns, but the concerns can be overcome with tax, vehicle, mortgage/lease, utilities and other documentation.

MVX

Thanks @CRG. Yes, I have continuous apartment lease, electric/water bills, vehicle registration renewals, cable/internet, mobile phone bills and monthly bank account and credit card statements going back 20 years for my US residence. Everything I do is paperless these days, so can bring them up at-will with an internet connection should the need ever arise.

--MVX

Steve_

It doesn't sound grey to me, the company you work for has no permanent establishment in Canada from the sounds of it, and you're a bona fide visitor for business. If they had a permanent establishment in Canada and you're in Canada more than six months then you would need to think about an intracompany transfer visa. Also, after six months you would become resident in Canada for tax purposes.

I can't really see an issue with your LPR status, if you're out of the US more than 30 months in a 5-year period though, you jeopardize being able to apply for US citizenship.

Your real problem is the tax situation. The US-Canada tax treaty has various exemptions, the main one being for people who are in Canada for less than six months. You don't want to become resident in Canada for tax purposes for obvious reasons, and you cannot become resident for tax purposes in another country while you are an LPR of the US, because the US means what it says on that score - "permanent resident" means exactly that, your tax home is therefore in the US. This is why they ask if you've filed taxes as a non-resident on form N-400.

So long story short, not a problem in the short term, but the longer it goes on the more likely it is to become one.

Bear in mind (because a lot of people don't) that under the tax treaty the IRS and CRA have direct access to each other's tax records. And when I say "direct access" it's not some difficult thing for them to do, it's very straightforward, I know from experience. Do not under any circumstances attempt to mislead or misrepresent anything to either agency, especially the CRA. The basic function of the CRA seems to be to stop tax revenue from going south.

Don't be surprised if you spend a lot of time in Canada that you end up getting an NR74 in the mail at some point. Usually it happens if you open a Canadian bank account, state you're non-resident but use a Canadian address on the account. Or Canadian credit cards, anything like that. As soon as they get the NR4 from the bank they start sniffing around. Even with a US address I wouldn't be surprised if they bang it into their computer and see what pops up.

Steve_

So you've been an LPR for more than 5 years?

Apply for citizenship. Strongly recommend you do so, because as a US citizen you can move your tax home if you need to, and in addition, "computer system analyst" is a NAFTA category and it sounds as though you may well fit into it. As a business visitor, you're authorized to work in any NAFTA category provided the source of remuneration is outside of Canada and in addition, getting a work permit if you need to will be far easier.