Living in the US and working in Canada

[agnzona 0]

My Canadian wife has permanent US residency. We are thinking of moving from Arizona to Point Roberts, Washington. It is a bizarre little part of the US only accessible from Canada (30 minute to Vancouver). She can work in either Canada or the US I presume. I on the other hand can only work in the US. This little community has few if any jobs, what are my chances of getting a permit to work in Canada while living in the US. Is there an exemption for people living right on the border?

Years ago the locals said everyone used to work on both places, Canadian and US, but since 9-11 things have changed dramatically.

What about maybe getting an apartment in Vancouver and maintaining a residency simultaneously in both countries? Is this going to be more trouble then it is worth?

[trailmix 77]

Hi,

You could try to get a work permit for Canada, perhaps a NAFTA visa, but these have a lot of stipulations and are not that easy to obtain. They are also for specific professions (ie: not to do 'general' work in an office for instance).

She can work in either place, as long as her residence is in the U.S., if you pursue your plan of getting an apartment in Vancouver, she will lose her American permanent residency eventually.

There is zero exemption for people living near the border.

[agnzona 0]

Thanks, just reading the Visa rules seem like they are very difficult to come by. What if we live in Vancouver a year and I get a resedency and job and then we move to Point Roberts? Would then the wife have to re-apply for US residency? What if she gets US citizenship (Duel) before we move? Auggh Governments!

Sure seems much easier for Canadians to work in the US than the other way around?

My emplyeer has positions in Canada but they always require a Canadian work permit already in hand when they post a job. I assume they don't want to mess with the issue.

[trailmix 77]

Well no, it's not easier for Canadians to work in the U.S. than it is for Americans to work in Canada, in fact the NAFTA visa runs both ways, so the rules are pretty much identical.

If your wife gets U.S. citizenship - then none of this is a problem, for her.

If you go to live in Canada, say for a year and get your Canadian permanent residency, the upside is that you can live out of the country with your Canadian citizen spouse and still maintain that Canadian permanent residency (unlike the U.S., if you go to reside in another country you are basically forfeiting your permanent residency).

There are ways to leave the U.S. and still keep her PR. You might want to have a look at this, Maintaining Permanent Residency - which basically tells you what you can and cannot do.

You might also want to look at getting your wife a reentry permit for the U.S.

A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems:

• Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.

• Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.

Edited July 6, 2010 by trailmix

[Krikit 1,163]

Sure seems much easier for Canadians to work in the US than the other way around?

Oh yes. It's much easier.

Welcome to VJ, agnzona!

[LindaB 0]

I am canadian and have a U.S. permanent resident card. I live in Bellingham and still commute to Burnaby B.C. to work every day.

Edited July 7, 2010 by LindaB

[Hugglebuggles 60]

Immigration issues aside, I'm curious as to why you'd like to move to Point Roberts. It definitely looks like an interesting place to live, but it also seems rather inconvenient and isolated. A very interesting choice!

[Flames9_RN 358]

I'd love to live on a small deserted island,lol! maybe thats why I love RI so much, far less congestion here. Yes a few members her eon VJ do this, 1 even lives in the USA and works as a CDN customs official! Just make sure you have a good tax person!

[warlord 72]

Yes I would not live in Canada due to the fact that would be showing you are abandoning residency status. You need to remain in the US while your wife is on a Green Card until she becomes a citizen then you can live outside the US. Even doing it for a few months would show abanoning her residency and people have been denied and revoked for living and working outside the US for even a few months. This doesn't mean she'll be caught, but the chances will exist. It will also cause problems if she decides to file for the N-400 as well.

Not sure how NAFTA works in Canada or if it's the same. If it is the same you wouldn't qualify because of the temporary nature of the agreement, and you being married to a Canadian would prevent that. Not sure what other work permits Canada has though, there may be something.

The only other option would be finding a US based company in Vancouver that you could work. This then would allow you to apply for the re-entry permit. Though what exactly a US based company is might be a little fuzzy, but I think it's where the head and corporate offices are in the US and still make decisions to the satellite company outside the US. So something like Target or Staples wouldn't count as they are more independently run...

[agnzona 0]

I am canadian and have a U.S. permanent resident card. I live in Bellingham and still commute to Burnaby B.C. to work every day.

That is essentialy what I want to do but as a US citizen. So I don't need to be a resident of Canada just allowed to work there. I am not sure if, if there is a seperate status for that, not a resident but a worker only?

My current employeer does have staff in Vancouver but requires all positions to be filled by someone already with a work permit, I assume they just don't want to be involved. I will see if I cannot persue that some more, but being a big company I doubt they make exceptions.

[agnzona 0]

Immigration issues aside, I'm curious as to why you'd like to move to Point Roberts. It definitely looks like an interesting place to live, but it also seems rather inconvenient and isolated. A very interesting choice!

Brother-N-Law and family live there we have been visiting for 10 plus years and just like the small town feel and nature and two big cities in YVR and SEA if you need them for Sports, Opera, Concerts, etc.....

It is a hastle crossing the border all the time. And a lot of fuzzy stuff like if I drive to Bellingham (Via Canada) and go to Costco, do I have to declare my Costco goods in Canada (Some may not be allowed, meat and prodcue)just for traveling through? Most people I know just claim nothing? Also you must buy just about everything for your house in Canada and many things like Rose bushes cannot be imported but again everyone does. So it gets to be kind of a don't ask don't tell thing. Especially with meat, food and plants. So money changing and banking can also be issues. Idealy one of us would get paid in Candaian dollars and the other in US dollars and we would have a bank account in each place. My favorite wierd thing is you can get a Washington Cell phone number but the only Tower is(Canadian) and you get hit with all kinds of extra charges, so most families have both a Canadian Cell and US Cell.

Edited July 7, 2010 by agnzona

[trailmix 77]

That is essentialy what I want to do but as a US citizen. So I don't need to be a resident of Canada just allowed to work there. I am not sure if, if there is a seperate status for that, not a resident but a worker only?

My current employeer does have staff in Vancouver but requires all positions to be filled by someone already with a work permit, I assume they just don't want to be involved. I will see if I cannot persue that some more, but being a big company I doubt they make exceptions.

No, you don't have to be a resident of Canada to work here, but you must have some status that allows you to work. LindaB is a Canadian citizen, different situation.

Canada has a law that they cannot fill a position with a foreign worker (in general) unless they can prove that they could not fill the position (proof of having advertised etc etc) that is probably why the company is not interested in transferring you.

It is a hastle crossing the border all the time. And a lot of fuzzy stuff like if I drive to Bellingham (Via Canada) and go to Costco, do I have to declare my Costco goods in Canada (Some may not be allowed, meat and prodcue)just for traveling through? Most people I know just claim nothing? Also you must buy just about everything for your house in Canada and many things like Rose bushes cannot be imported but again everyone does. So it gets to be kind of a don't ask don't tell thing. Especially with meat, food and plants. So money changing and banking can also be issues. Idealy one of us would get paid in Candaian dollars and the other in US dollars and we would have a bank account in each place. My favorite wierd thing is you can get a Washington Cell phone number but the only Tower is(Canadian) and you get hit with all kinds of extra charges, so most families have both a Canadian Cell and US Cell.

Yes, if you go to Bellingham to shop you will need to declare your goods. Well at least you should be if asked.

So basically, your wife could do something like LindaB does, work in Canada and come home to the U.S. in the evening, the reason that works is because her primary residence is in the U.S. - so she is maintaining her permanent residency but she is also a Canadian so working in Canada is not an issue.

[agnzona 0]

Something else I notice it seems the local kids go to school in Canada or in Washington. I think the Americans must pay for the Canadian schools. Younger grades they seem to go to Canada high school in the US?

Also if one is crossing the border everyday, if not multiple times a day what about the 180 day rules for visitors? Am I allowed unlimited visits into Canada?

You literally could be under defacto house arrest if you had some border crossing issues. Sure seems the few places like this along the US/Canadian border scream out for special rules. I know there are a few places in Minnesota and Vermont that is also cut off from the Mainland US as is Alaska is there any Canadian city that must pass through the US to get back to Canada?

[trailmix 77]

Interesting scenario

The 180 day rule only applies to spending 180 days in the U.S. concurrently - once you leave the U.S. that resets. It's not 180 days in a calendar year or anything like that - it's 180 days 'at a time'.