How long can one stay in Canada as a visitor -follow up

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Hi David
I have been receiving your newslettter Q and A's for a few months now =
and=20
find much of the information useful for my particular goal. I have sent =
3=20
inquiries to the Centa Group and received 2 answers, 1 from you, and =
another=20
from George Hatton. OK, 2 out of 3 is not bad. I didn't really know why =
the=20
3rd inquiry (to you) went unanswered, but I thought maybe it was lost or =
overlooked during the changes that were occuring within the Centa Group =
at=20
the time, or that perhaps it was a subject that you didn't want to =
address=20
in a public forum. At any rate, I did not follow up until now, when I =
read=20
your response to another's inquiry regarding visitation limits to US=20
citizens.
The question was a multi-part question from US citizens who were =
interested=20
in owning property in the Gulf Islands. They asked, "Can we get a 6 =
month=20
visa, leave the country and re-enter within a short period of time?"  =
Your=20
answer did not address the issue of time required before re-entering. =
This=20
was also the subject of my inquiry which had gone unanswered, and I find =
it=20
odd that you didn't speak to the issue, since you are usually so =
meticulous=20
in answering each part of each inquiry. So here I am trying again:
1) It was my understanding that US citizens who are visiting their =
Canadian=20
property for up to 6 months, do not need a visa. Is this true?
2) It was also my understanding (according to a conversation with an=20
employee at the tourism information extention in the LA Canadian =
consulate)=20
that there are no regulations which require a set time period before a =
US=20
citizen will be permited to re-enter Canada to visit their vacation =
property=20
for another 6 months. To your knowledge, is it true that there are no =
such=20
regulations?
3) If it is true that there are no regulations regarding re-entry, and =
it is=20
also true that each border crossing situation is subject to the will of =
the=20
border crossing official, then I would like to be able to get a sense of =
the=20
reality of restrictions that would likely arise regading access to my=20
vacation property for variable and/or extended periods of time, given =
that I=20
do not stay longer than the 180 day limit for each visit. Can you =
provide me=20
with some common sense answers on this matter? Consider that I would be=20
breaking no laws, that I have a squeaky-clean history, that I would have =
enough funds to adequately support myself, that I would have US medical=20
insurance which would cover emergency service and transport back to the =
US,=20
and that I would continue to maintain a principal residence in the US.
Frankly, it is the uncertainty around this latter question that has =
stopped=20
me from pursuing the purchase of vacation property on the Sunshine =
Coast. If=20
you think that this is an issue that you do not want to address in a =
public=20
forum, then perhaps you could respond briefly in a personal e-mail, or=20
perhaps you might suggest that I contact you by phone.
Thanks again,  LXXXX
_________________________________________________________________
david ingram replies:
I likely avoided the issue because there is no official answer.  I would =
like to say that regulation "this" or section "that" gives you the right =
to da as you suggest.  However, what you are describing is living in =
Canada and You just cannot do that legally.  No problem with coming for =
six months.  There is no regulation that says how long you have to be in =
the USA (or Germany or France or Hong Kong, etc) before returning, and I =
have met hundreds, if not thoudasands of people who are doing something =
similar to what you want to do.  However, I also run into people where =
the Canadian government has evicted (deported) the people at great cost =
and I know many more who have been booted out of the US for trying to do =
the same thing in the USA.
My favourite for the height of silliness was a Canadian couple who were =
not allowed to go down for their own Xmas party (their guests all made =
it) a couple of years ago because "someone" at the border told them they =
had been down to their cottage in Point Roberts too many times that =
year. I have never been able to find a regulation that limits the number =
of trips but I have heard the same thing a hundred times from various =
Canadians.
At the same time, there is little doubt (in my mind at least) that the =
regulations and the law were intended to allow someone into the country =
for up to six months only, it just does not say that exactly.  =
Therefore, people go down as often as they want and stay for just about =
as long as they want and it works out okay. =20
Many Seattle residents have places at Whistler for instance.  The =
problem in Canada develops when mom stays there all the time and has the =
two kids in day care and starts taking over the local volunteer =
organization.
Many Canadians have places in Palm Springs or Scotsdale or Cape Coral, =
Florida. before you know it, they are running the shuffleboard court, =
have two golf carts and calling bingo.  They end up living "there" and =
visiting Canada.  The old INS gets involved and the Canadians get booted =
out.
So, I cannot tell you that you can do what you want to do if you intend =
to spend 330 or 290 or 190 days in Canada as a visitor.  In practice, if =
you do as you stated and keep a residence of equal or greater value in =
the US available and open all year round, etc, you  would get away with =
it I am sure.  But, if you get short and sellteh house int eh US or rent =
it out, you are now likely illegal.
In either case, the minute you are in Canda for more than 183 days a =
year under the circumstances you describe, you will be  taxable in =
Canada on your world income although Canada will give you a foreign tax =
credit for the taxes pai
Sorry about not answering.  I have about 300 unanswerd questions now and =
there is no way i will ever catch up. I used to be happy when a question =
came in.  Now there are 25 or 30 a day and I have to pick out the ones I =
want to answer.  I try and answer one where there are a lot on the same =
subject.=20
Of course, clinet emails get answered first and always.
Good luck!
david
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321=20
New email to [email protected]
www.centa.com www.david-ingram.com
Disclaimer:  This question has been answered without detailed =
information or consultation and is to be regarded only as general =
comment.   Nothing in this message is or should be construed as advice =
in any particular circumstances. No contract exists between the reader =
and the author and any and all non-contractual duties are expressly =
denied. All readers should obtain formal advice from a competent and =
appropriately qualified legal practitioner or tax specialist in =
connection with personal or business affairs such as at www.centa.com. =
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