If you are a Canadian resident or citizen who spends a lot of time in the U.S., you need to keep a careful record of exactly how long you are south of the border.
Under the Entry Exit Initiative, officials on both sides can track how many days travellers spend in either country, and there are some serious implications if you exceed agreed limits.
The new rules are part of a broad agreement first struck in 2011, called Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness, and moved forward during Justin Trudeau's trip to Washington in March.
The formula is complicated, but for regular travellers the yearly limit is 120 days, or four months, averaged over three years – not the six-month period of 182 days that many think it is.
Counting The Days: The Formula
(Total number of days spent in current year)
+
(1/3 the total number of days spent in previous year)
+
(1/6 the number of days spent in year before that)
Anyone wishing to extend this limit to 182 days must file a Closer Connection Exception Statement.
Those exceeding the yearly limit face being considered a US resident, and having to pay the resultant taxes. They could also lose their Canadian residency and access to health care, or be deemed an illegal resident in the US, which could result in being banned from the country for up to 10 years.
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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer
