Memorandum D2-6-1

In Brief

Ottawa, November 27, 1998

Subject

RESIDENTIAL STATUS OF TRAVELLERS ARRIVING IN CANADA

The attached Memorandum was updated, but it does not contain any policy or procedural changes.

Memorandum D2-6-1
Locator Code: 325B

Ottawa, November 27, 1998

Subject

RESIDENTIAL STATUS OF TRAVELLERS ARRIVING IN CANADA

This memorandum outlines customs procedures for determining the residential status of travellers arriving in Canada and their entitlements under customs legislation.

---

Guidelines and general information

1. Every person arriving in Canada has, for customs purposes, a residential status which determines the tariff treatment given to any goods being imported by that person. For this purpose, travellers fall into two basic groups:

2. A traveller's residential status for customs purposes is based on where a person lives, that is, where persons make their home and ordinarily reside. In most countries, being a resident requires that a person be a citizen of that country, or be permitted by the immigration authorities to live there permanently or for an extended period of time for other than vacation or leisure purposes. However, being a citizen of another country or being authorized to live in another country does not, in itself, establish that a person is a resident of that country. The final determination must be based on where persons actually make their home and ordinarily reside.

Residents of Canada

3. Residents of Canada are defined as persons who, in the settled routine of their life, make their home, reside, and are ordinarily present in Canada.

4. Residents of Canada returning from trips abroad are entitled to the benefits of tariff item Nos. 9804.10.00, 9804.20.00, 9804.30.00, and 9804.40.00 as outlined in Memorandum D2-3-1, Returning Persons Exemption Regulations.

5. Residents who leave Canada to spend the winter months or longer periods of time in a warmer climate are generally not permitted by such countries to remain there on a permanent or indefinite basis. Persons in this category are normally admitted only for a specified period of time solely for vacation or leisure purposes and cannot take up employment in that country. At the end of the specified period, these persons must leave, and usually return to Canada at that time. Such persons (even though in some cases they may be ordinarily present outside Canada) cannot be considered as making their home outside Canada and accordingly, on their return to Canada, can only claim the exemption items outlined in Memorandum D2-3-1.

Non-Residents of Canada

6. Similarly, non-residents are persons who, in the settled routine of their life, make their home, reside, and are ordinarily present in a place outside Canada.

7. Non-residents who arrive in Canada for temporary periods are entitled to the benefits outlined in Memorandum D2-1-1, Temporary Importation of Baggage and Conveyances by Non-Residents.

8. Former residents of Canada who are not returning to Canada to resume residence, but who wish to visit Canada with their baggage and foreign automobiles for short visits or on a seasonal basis, may be granted non-resident status and accorded the benefits outlined in Memorandum D2-1-1.

Alien Registration Receipt Cards

9. Former residents of Canada (other than United States citizens) who have obtained a permanent visa to reside in the United States are issued alien cards 1-551 by United States Immigration officials. These cards remain valid provided the holders continue to reside in the United States, retain their foreign citizenship, and report once yearly to United States Immigration officials for registration purposes.

10. Alien cards are also issued to persons permanently residing in Canada who travel daily or regularly to work in the United States. Holders of commuter cards are required to report to United States officials every six months and are expected to provide sufficient evidence indicating they are still employed by United States employers.

---

References

ISSUING OFFICE -

Travellers Division

LEGISLATIVE REFERENCES -

Customs Tariff, tariff item Nos. 9804.10.00, 9804.20.00, 9804.30.00, and 9804.40.00

HEADQUARTERS FILE -

4588-1

SUPERSEDED MEMORANDA "D" -

D2-6-1, May 15, 1989

OTHER REFERENCES -

D2-1-1, D2-3-1