Canadian Snowbird Visa Act

Did you know Canadians spend more than 18.1 billion U.S. dollars per year on travel, property, and tourism in the United States? Canadians visit the United States in record numbers each year, despite the Canadian dollar’s low valuation compared to the USD.

Money talks: A few years ago, two Florida politicians decided to boost the Florida economy by sponsoring a bill — officially named The Canadian Snowbirds Act (S. 2507). In essence, it provides Canadians with preferential immigration status. The original bill went nowhere but was recently reintroduced as the Canadian Snowbird Visa Act.

The bill passed Congress and is now in Committee. It will then go to the Senate for review and approval. If approved, it will return to Congress in an altered form before reaching the President for signing into law. It’s a lengthy process with no guarantees of passing.

What is the Canadian Snowbird Visa Act?

  • Age Requirement: The individual must be a Canadian citizen aged 50 years or older.
  • Canadian Residence: They must maintain a primary residence in Canada.
  • U.S. Residence or Accommodation: The applicant must either own a residence or have a rental agreement for accommodation in the United States for the duration of their stay.
  • Admissibility: They should not be inadmissible or deportable from the United States, meaning they should have no criminal record or other disqualifying factors.
  • Employment Restrictions: The applicant must refrain from engaging in employment or labor for hire in the United States, except for work done remotely for a non-U.S.-based employer or for services performed in Canada.
  • Benefits Restriction: They must not seek certain forms of U.S. assistance or benefits during their stay.
  • Spouse Eligibility: The spouse of the applicant can be admitted under the same terms, except they are not required to separately meet the U.S. residence or accommodation ownership/rental requirement.

If all requirements are met, individuals admitted under this bill shall have nonresident alien tax status. You may be admitted for up to 240 days (as opposed to 180 days) during any single 365-day period.

Rarely do Canadians spend more than six months outside of the country. Provincial health and car insurance regulations set time limits that penalize you if you are out of Canada for more than six months. If the Act is ever passed, which is exceptionally unlikely to get much further, very few Canadians will ever benefit from it other than one important aspect: it will clarify how long you can actually stay in the US without running the risk of being deported.