Import Changes to Crossing US Border as of June 30 2015

[Carol H]

For those Canadian that go back and forth across the border many times a year for camping, shopping or to pick up parcels or a tank of gas, you may want to start keeping track of how many days you where in the US.

You are limited to 120 days in the USA.

"Previously, you stopped at the American border on your way into the U.S., so they knew when you came in. But when you crossed back you came to the Canadian border, so they had no idea how much time you spent there."

"Canada and the U.S. adopted the final phase of the Entry/Exit Initiative, which gives border officials in both countries the authority to share passport information. As of June 30, each day a Canadian spends in the U.S. is automatically recorded by the American Department of Homeland Security. Anyone remaining in the U.S. for an extended period of time, or who makes multiple trips every year, must be careful not to exceed the annual threshold of 120 days."

Full story can be found at RVWest.com Important changes to crossing US Border.

[Doug Mager]

.....many Canucks (from B.C.) seemed to be ignorant of the fact that even simply 'heading south' to fill up with (cheap) gas (which would not amount to a lot of time) counts as 'one DAY' away (outside Canada). It really doesn't take too many trips south (such as this) to amass the 'allotted' number of days away (absent).

[Carol H]

Up until June 2015 being ignorant wasn't an issue, as no one was counting.... come June Big Brother will indeed be watching.

[Ron Merritt]

Great. All these damn Canucks coming down here, taking up our limited space, spending all their worthless money. It's really a big problem! Who knows how many Canadian terrorists are using our gas stations, right under our noses!

We need round these people up and send them back - especially the children. That's the real problem here. They want their kids to come here and get our cheap gas and then never go back. Soon their whole families will be here using our cheap gas!

[TomK]

Is it the Canadian government that limits your days in the U.S.? Surely it can't be the other way around. If you travel to the U.S. from the porous southern border, you will be welcomed with open arms, given driver's licenses and all sorts of freebies, to include an education and health care.

I looked into buying some property on a little island in Ontario years ago. It had a nice little cottage and great fishing. I was told Americans couldn't buy any property in Canada, but we could lease it for up to 99 years. I thought that was odd and didn't pursue it further.

Do you suppose laws like those are designed to keep Canadian money in Canada, and vice versa? Following the money trail might hold the clue in this case. It often does.

I grew up on the Canadian border near Detroit, MI. We learned all about the longest unprotected border in the world between the U.S. and Canada in grade school. It was a source of pride due to the friendship and cooperation between the countries. It meant even more to me, because my maternal grandparents were Canadians. It bothers me to learn about more travel or trade restrictions.

Are Americans restricted to 120 days in Canada? Just wondered. Norm and Ginny?

Tom

[coastsignal]

Hi Carol,

Thanks for the post.

I have 2 questions.

What happens to the Canadian that spends over the 120 day limit in the US?

Is there a limit on the time a US citizen spends in Canada, and if so, what happens to them, if they go over that limit?

Thanks,
Mark

[TomK]

I just remembered something. When we were teen agers, and wanted to skip school, my friends and I would often pile into a car and go to Windsor or Sarnia thinking we were safer since the American authorities couldn't touch us over there. Simpler times...

Tom

[Ice-breaker]

Originally Posted by TomK

...I looked into buying some property on a little island in Ontario years ago. It had a nice little cottage and great fishing. I was told Americans couldn't buy any property in Canada, but we could lease it for up to 99 years. I thought that was odd and didn't pursue it further.

Do you suppose laws like those are designed to keep Canadian money in Canada, and vice versa? Following the money trail might hold the clue in this case. It often does. ...

If I am not mistaken, there do not appear to be any general laws preventing ownership of property in Canada by foreigners, possibly under specific circumstances. Read this: http://www.cbc.ca/news/canada/real-e...ners-1.1216517

[TomK]

Originally Posted by Ice-breaker

If I am not mistaken, there do not appear to be any general laws preventing ownership of property in Canada by foreigners, possibly under specific circumstances. Read this: Real estate rules don't discriminate against foreigners - Canada - CBC News

I wonder if things have changed since I was interested in buying that property. It was a small (maybe 2 acre?) island with a cottage / cabin, in a small lake north of the Soo. My friends and I would fish that lake every spring for years, renting cabins at a fishing resort. When I saw a For Sale sign on the island, I asked about it in town. A real estate agent told me about the 99 year lease. Maybe he was just scared about foreigners buying up Canadian lands? It was in the mid 80's. I'm not in the market for land now, but that is still good news. Thanks Dave.

Tom

[Bob Miller]

To answer the "What If" question is simple, after having exceeded the limit, you MAY be denied entry the next time you present your passport at the border.

In reading the article in post #1 it appears that the law has been in place for some time and the actual reason is due to Canadians that are living in the U.S. much of the time and still wanting to keep claiming Canadian residency benefits.


it really sounds more like the Canadian government wants to gather information.

We have friends in Summerland, BC, that have a cabin in WA state, this may have some effect on them.

I'm only guessing that the 120 day limit will become reciprocal, but the U.S. government usually isn't to concerned about where it's citizens are living, unless it's Libya or North Korea (LOL).

[Glenn Baglo]

The following advisory from Canadian Snowbird Assoc. corrects a couple of errors and answers some of the questions and dashes some of the speculation above. For instance, the penalty for overstaying is to find yourself owing the U.S. government thousands in taxes:

In a recent article which appeared on CBC News' British Columbia website, it was suggested that Canadian citizens are only allowed to spend 120 days in the United States each year. For clarification purposes, the Canadian Snowbird Association would like to remind travellers to the U.S. that this information is incorrect.

Under current policy, eligible Canadian citizens may spend up to six months less a day, in the United States, in any 12 month period. From a tax perspective, long-term visitors who typically spend four or more months in the U.S. each calendar year may be deemed resident aliens for tax purposes. In order to be treated as a non-resident alien, these individuals need to claim a "closer connection" to Canada by filing IRS Form 8840 annually.

Further, the CBC News article also discussed the Entry/Exit Initiative, a bi-national border program in which entry and exit data will be shared on individuals travelling between Canada and the United States. While this initiative was scheduled to be expanded on June 30, 2014, to include Canadian and American citizens, the necessary legislative and regulatory changes have not been implemented. At present, the Entry/Exit Initiative is not fully operational.

[SherryNPaul]

A lot of discussion on this topic on the web:
Canadian Snowbird Association Clarifies U.S. Travel Rules -- TORONTO, Jan. 19, 2015

Canadians regularly going to U.S. for long stays need to be mindful of changes, says MP - British Columbia - CBC News

How Long Can A Canadian Stay In The US And Vice Versa? - Forbes


As a Floridian, we certainly welcome all our winter visitors. One article I read stated that every 85 winter visitors to Florida equaled a job created. Now that's food for thought.

Sherry

[Carol H]

Originally Posted by Ron Merritt

Great. All these damn Canucks coming down here, taking up our limited space, spending all their worthless money. It's really a big problem! Who knows how many Canadian terrorists are using our gas stations, right under our noses!

We need round these people up and send them back - especially the children. That's the real problem here. They want their kids to come here and get our cheap gas and then never go back. Soon their whole families will be here using our cheap gas!

Ron, US citizens can rest easy - those Canadian gas hungry terrorists have pretty well stopped doing the short trip across the line to get gas. Filled up yesterday here at 0.99/litre! Thats a deal compared to 1.55/litre I was paying last spring/summer. Some spots in Canada its down to .90/litre.

TomK to answer the question as to whether or not its the Canadian government or a US Government that is limiting the length of stay I would suggest its a US government thing per another website on the topic " The general rule of thumb is to keep presence in the United States under 120 days each year. (The designation “resident” for federal income tax purposes has nothing to do with immigration status or actual place of domicile; it just means that the person must file a U.S. resident return and report his or her worldwide income.) Thus, someone who consistently visits the United States for around 180 days a year is going to satisfy the substantial presence test and be deemed a U.S. resident for federal income tax purposes. "

As has been pointed out this rule has been in place for a long time but the difference is in June of this year the borders will be able to share info as to when Canadians enter and leave the US. (or perhaps not due to legislation issues as Glenn pointed out). That was not the case in the past. The US side of the border only had record of entry not departure. So it was harder for them to keep tabs on us unruly Canadians.

There is as Glenn also pointed out a way around it if a Canadian wants to stay in the US for six month which Canadians are able to stay under immigration rules but they must file IRS Form 8840. As a Canadian having experienced the requirement of filling out a US income tax return one year I know that once you do it you will be hearing from the US government for the next ten years & filling out forms yearly to satisfy them you don't need to pay them anything this year An experienced best avoided if one is not into doing a lot of paper work ;-)

This article at Lexology- The 180 day rule for Canadian visitors - law or legend? gives a bit more understandable explanation.

[Bob Miller]

I paid about the equivalent of about $.65 CDN per liter today in California, but I expect that WA is a bit higher. And you guys want to ship your oil across the U.S. to other countries???? Go Figure....


When we bought gas at a COSTCO in Canada in November a local commented "Bet that hurts eh". It did, but we were headed back down south at the time.
On the flip side, I bought an incredibly warm lined and padded flannel shirt at that COSTCO for $20 CDN, about 1/2 the U.S. price, so we are even.... lol

[Carol H]

I think the only real change that folks who frequently visit the US need to be aware of is that they will be sharing info as to when we come and go - assuming what ever issues that are currently holding the legislation up are cleared. So it may be best to keep a trip log in the car and record your visits. It doesn't take long for the days to add up. Looking at your passport doesnt help as neither side stamps it when crossing by car.

For example I just counted up the number of days I have already planned to spend camping in the US this spring/summer and between a couple of Fiberglass trailer meets, vintage trailer meets, a music festival, an annual Forth of July camping party, a golf trip and a couple of camping week-ends with friends I will have accumulated just over 60 days in the US... but I still have lots of unplanned week-ends open during the regular camping season and if circumstances permit I would not mind spending time camping south next winter as I have done some years in the past ..... may have to restrict my online shopping trips to avoid going over the line to just pick up a package from the US mail box and limit my one day shoe shopping trips with girlfriends. Will also need to watch when booking flights to other parts of the world that I don't use connecting flights out of the US.

If one does not keep tabs on the number of days you might end up having a discussion at the border on one of your trips as to just how many days you have been in the US in the past year. I don't know about anyone else but I like to keep my stops at the border short and sweet and limit the discussion time with the man in the booth and avoid filling in as few customs forms as possible.

[Bob Miller]

FWIW (if anything at all) I don't think that passing through the U.S. on connecting flights to 3rd countries counts. Don't they route you through a holding area?

[Carol H]

Originally Posted by Bob Miller

FWIW (if anything at all) I don't think that passing through the U.S. on connecting flights to 3rd countries counts. Don't they route you through a holding area?

Last two flights in very recent times I have had to clear US customs when changing flights in the US. Have to go collect your luggage, go through US customs then rebook your luggage in and go through airport screening all over again. A pain in the bu** A lot depends on where you are flying into the US from though. For example if you fly out of Vancouver they have you clear US customs at the Vancouver airport. But if you fly in from Countries that don't have US customs at their airports (and many do not) you will have to go through US customs before you can change flights back into Canada. And yes reading the travel blogs that will count as a day in the US even if you where simple passing through.

[FRED SMAILES]

All we do is spend money when we're down there,,?
Guess it's not enough!
A lot of Florida and Arizona businesses enjoy Canucks, well at least their
money and not having to worry about how many pistols are in the camper!
I don't get it?
Fred

[C&G in FL]

I personally think this is being blown all out of proportion. The rules haven't changed; it's just the "big brother is watching and tracking you technology" has gotten more intrusive.


Sent from my iPhone using Fiberglass RV

[Almost There]

The time limits are imposed on at least two sides - provincial health insurance requirements, while they vary from province to province, limit the amount of time one can spend outside the province or be at risk of losing their coverage.

US INS limits any visitor (not just Canadians) to six months before one must leave the country, although there is a method for applying for extensions to this.

There are also limits placed on me personally because I collect OAS...CPP can be paid worldwide but OAS is a 'benefit' of living in Canada. I have to be present and accounted for in Canada for 183 days in each year.

The 'closer connection' rule is a somewhat complicated calculation of days spent in the US over rolling 3 year periods. For 2014 it's this:

31 days during 2014 AND 183 days during the period of 2014, 2013 and 2012, counting all the days of physical presence in 2014 but only 1/3 of the number of days of presence in 2013 and only 1/6 the number of days in 2012.

You can still qualify for the 'closer connection' exemption for US taxation if you maintain a tax and a physical presence in Canada.

For example, I can spend up to 182 days in the US in 2015 because I get paid in Canada, have Canadian bank accounts, pay Canadian taxes, have a Canadian place of residence etc. etc.

The only difference now is that I will have to file a form with the US IRS to prove that I am exempt from paying US income tax on my worldwide income (which is all Canadian). I'll have to do that now that entry and exit is being so closely tracked. The rules have always been in place but there was little way of enforcing them effectively.

I have the 2014 form on my desk and before I lose track of how much time I was in the US for 2013 and 14, I have written all the trips down for future reference.

Other than keeping track of how many days, the form is relatively simple. mostly checking boxes off and repeatedly writing Canada in multiple places...

Just more paperwork to be done tis all!