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Commute to Detroit - PR/Citizenship

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quasar81 View Drop Down
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    Posted: 01 Dec 2014 at 6:30pm

Hello,

I have PR status in Canada and was thinking of commuting to Detroit daily for work on US H1B Visa. Question:

1) Will the days I work in US, but spend nights in Canada count toward 2 out of 5yr PR obligations?
2) Will the days I work in US, but spend nights in Canada count toward 4 out of 6yr Citizenship application obligations? I assume the 4/6yr and 6m/yr requirements in new Citizenship bill/law C24.. 

Thanks!!
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 2014 at 9:32pm
The nights spent in Canada should count toward both the PR Residency Obligation, and toward qualifying for citizenship. But, obviously, being employed full time outside Canada can lead someone at CIC to be more skeptical, lead to more probing scrutiny.

Assuming days off are spent in Canada, the commute to a U.S. job probably will not cause too much of a problem relative to compliance with the PR Residency Obligation.

The risk, of course, could be that CIC (or CBSA) does not fully buy the returning home to Canada every night, but for compliance with the PR RO a pattern of regular commuting plus days-off in Canada should overcome doubts. For citizenship, the degree of scrutiny and potential doubt goes up.

For citizenship in particular, though, there will be (once the new presence requirements in Bill C-24 take effect) the "intent to continue residing in Canada" provision, and being employed full time outside Canada may be a factor in how CIC approaches that. Not at all sure, but it is easy to guess that being a commuter to the U.S. is likely to stir-the-pot one might say.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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