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Old 08-20-2011, 01:11 AM   #1
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Canadians travelling in the United States

I have spent a total of 167 days in the United States so far for 2011. Not all at the same time though as I have been back and forth.

I keep hearing about this '6 month' thing we Canadians are only allowed to be in the States.

Has anybody stayed there longer ?

Or if you return to Canada, if there a time period before you can visit there again.

I have been fulltiming since November, 2010 and had wanted to start heading South again around the end of September.

I am currently just South of the British Columbia Border in Birch Bay, WA as the rates for the RV Parks here are 1/2 the price of anything in B.C.

And I will be going back into B.C. on August 21st.
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Old 08-20-2011, 02:37 AM   #2
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Quote:
Originally Posted by heritage2006 View Post
I have spent a total of 167 days in the United States so far for 2011. Not all at the same time though as I have been back and forth.

I keep hearing about this '6 month' thing we Canadians are only allowed to be in the States.

Has anybody stayed there longer ?

Or if you return to Canada, if there a time period before you can visit there again.

I have been fulltiming since November, 2010 and had wanted to start heading South again around the end of September.

I am currently just South of the British Columbia Border in Birch Bay, WA as the rates for the RV Parks here are 1/2 the price of anything in B.C.

And I will be going back into B.C. on August 21st.
By no means am I an expert but think you are getting pretty close to your annual limit of 182 days per calendar year in the US. If you stay 183 days in the US (more than 1/2 year) there are 2 potential problems. One in the US and one in Canada. If you overstay in the US, they can make a claim you are now an alien resident and demand you pay US taxes. And, they can also deny you future entry to the US for overstaying the limit. These are calendar year limits (where all time spent in the US is added together, even if you go back and forth several times). There is also a 6 month limit on continuous time in the US (even if it spans more than 1 calendar year. So if you entered the US for the first time Oct 1, 2010 and remained in the US continuously through May 1, 2011, you would have spent only 3 months in calendar year 2010 and 4 months in calendar year 2011 but would be in violation because you were in the US for 7 months continuously.

Now, as far as Canada goes, your provincial medical benefits may require that you spend more than 1/2 year in your province (183 days) so if you go over the limit, the US might try to tax you, may deny you future entry and your own country might temporarily cancel your medical benefits untill you re-establish residency int he province. See How Long Can A Canadian Snowbird Stay Out of the Country? | Travel Insurance File
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Old 08-20-2011, 10:37 AM   #3
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Jamie/Dave, Thank you for that reply.

I started fulltiming November, 2010 and crossed the Border in Maine on November 7th. Thereby making my stay in the US for 2010 = 55 days.

In 2011, I spent from January 1st to April 29th (inclusive) in the States and returned to Canada on April 30th = 119 days

June 16th I returned to the States and came back into Canada on July 13th = 28 days.

July 21st back to the States and I'll be returning to Canada tomorrow August 21st = 31 days.

This makes a total of 178 days in the States for 2011.

Prior to 2010 I had not been in the States probably for about 20 years.

Does that mean I only have 5 days left to be allowed in the States for 2011 ??

Or does it make a difference that I have been back and forth ?

I have a permanent residence in Canada and that can be proven easily.

Surely there must be other Canadians who have travelled throughout the States for longer than this 6 months ??
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Old 08-20-2011, 11:00 AM   #4
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Hello Heritage 2006,

We were getting all kinds of info on the laws about being in the US...(hubby is looking for the Gov't site that he found info on, and I believe he also actually talked to someone in that dept, who really explained it.

That 6 mo stay,,is pretty much correct, however (as previously said), if it spans 2 calendar years, it counts separately,,,,but there's info that we never heard from anyone before.....

The total time is pro-rated over three yrs....so you really need to have records of every entry into and out of the US, to keep track yourself.....the borders (no matter where you are entering and exiting from have exact records, available at every border computer,,,so they 'know'.

I actually think the more difficult rules come from medical....and that totally depends on your coverage,,,,

we were just talking about all this last night with some friends who are just getting into longer US trips...

We are ex-military,,,and have a good plan....you are totally covered for the first 40 days (everything) but after that your provincial medical kicks in, all but 2 provinces only says you can stay out for 6 mo...

here's the link....
http://www.canadianlawsite.ca/vacationing-us.htm#b

don't guess with this kind of stuff....search for the facts...

good luck...LP
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Old 08-20-2011, 11:09 AM   #5
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LP, Thanks for that info and I will look through that link you provided.

That's exactly what I'm trying to get = facts.

To add to my problem is that my 'home' Province is Newfoundland and I'm currently in Birch Bay, WA and will be returning to British Columbia tomorrow where I had planned on staying for another month and then start heading South again.

So you can imagine I don't want to have to drive my 40' Gas RV all the way back to NL.
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Old 08-20-2011, 11:26 AM   #6
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Hi again Heritage 2006...

for 2011, you would only have 5 days left.....

So you could go back to the US for those 5 days before Jan 1 2012 and continue to stay till spring....or 3 months,,,,,and go back again early winter,,,for 3 mo...
and there is your year for 2012...

Just remember that you will have to make an appearance in Canada, just to prove you came back within the regulations....
Lots of people come home for x-mas...
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Old 08-21-2011, 12:39 AM   #7
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Well, one more option, would be to park it in BC, where you were going to visit, and fly home and back.
You're luckier with the health plan as NF is one province where you can be away for 8 monhs not 6.

We're stuck,,,real estate is very slow moving on Vancouver Island where we are, just sittin waitin for a buyer....do you know anyone who would like to move to the island,,our MLS # is 313688.....I sure would like to head south this winter,,,,before I totally bind up with arthritis and a disintegrating spine,,,,,we love our place here, but I can't enjoy it any more(10 acres and a small lake and I can't swim anymore either)

Golden Years????? too bad we see everything in hindsight...

Happy travelling...LP
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Old 08-21-2011, 08:18 AM   #8
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