A new bill, known as the Canadian Snowbird Visa Act, was introduced in the U.S. House of Representatives at the end of April 2025. This bipartisan legislation aims to extend the amount of time eligible Canadian citizens—specifically those aged 50 and over who own or lease a residence in the U.S. and maintain a home in Canada—can stay in the United States without a visa from the current 182 days (approximately six months) to 240 days (about eight months) per year.
Key Details of the Proposed Law
Eligibility Criteria:
- Canadians aged 50 and over
- Must maintain a residence in Canada
- Must own or lease a residence in the U.S.
Proposed Changes:
- Extends visa-free stay from 182 days to 240 days per year (an increase of nearly two months)
- Applies only to those who meet the above criteria; does not allow for employment or access to U.S. public assistance programs
- Maintains nonresident tax status for Canadians under this provision
Purpose and Rationale:
- The bill is intended to boost the U.S. economy, particularly in states popular with Canadian snowbirds such as Florida, California, and Arizona, by encouraging longer stays and increased spending.
- U.S. lawmakers cite the significant economic contribution of Canadian visitors, who are the largest international tourism market for the U.S., with annual spending exceeding US$20 billion.
Additional Context and Related Developments
- The proposal comes amid a decline in Canadian travel to the U.S. due to factors like strained bilateral relations, currency fluctuations, and rising insurance costs.
- New U.S. rules now require all foreign nationals, including Canadians, who stay longer than 30 days to register with the government and carry proof of registration at all times. This requirement has been met with opposition from the Canadian Snowbird Association, which argues it is an unnecessary burden and could further reduce Canadian travel to the U.S.
We recently wrote about this 30-day registration requirement here. However, the proposed legislation does nothing to address or eliminate this requirement.
- The bill contains safeguards to ensure that extended stays do not grant Canadians working rights or access to U.S. social programs.
Economic Impact
- Canadians own an estimated 7% of all homes in areas like California’s Coachella Valley and contribute billions annually to local economies, especially in sunbelt states.
- The extension is seen as a way to support local businesses, create jobs, and strengthen cross-border ties.
Current Status
- The Canadian Snowbird Visa Act has been introduced but is not yet law. It must pass through the U.S. legislative process before taking effect.
Summary Table: Key Points of the Canadian Snowbird Visa Act
| Feature | Current Law | Proposed Law (2025 Bill) |
| Visa-free stay limit | 182 days (6 months) | 240 days (8 months) |
| Age requirement | None | 50+ |
| U.S. residence | Not specified | Must own/lease |
| Canadian residence | Not specified | Must maintain |
| Work rights | Not permitted | Not permitted |
| Public assistance | Not eligible | Not eligible |
| Tax status | Nonresident | Nonresident |
Past Attempts to Pass Similar Legislation for Canadian Snowbirds
There have been several attempts over the past two decades to pass legislation in the U.S. Congress that would extend the length of time Canadian “snowbirds”- typically retirees who spend winters in the southern U.S.- can stay in the country without a visa. Below is a chronological summary of the key legislative efforts:
2013–2019: Early Efforts and the Canadian Snowbirds Act
- 2019: U.S. Senators Marco Rubio (R-FL) and Rick Scott (R-FL) introduced the Canadian Snowbirds Act (S. 2507) in the Senate. This bill aimed to extend the allowable stay for qualifying Canadians from 182 days to 240 days per year. It did not advance out of committee.
- Earlier advocacy by the Canadian Snowbird Association (CSA) also helped prevent regulatory changes that would have drastically reduced the allowable stay for Canadians from 182 days to just 30 days, demonstrating ongoing efforts to protect and expand snowbird privileges.
2023: Renewed Legislative Push
- February 2023: Senator Marco Rubio (R-FL), with co-sponsors Rick Scott (R-FL), Kyrsten Sinema (I-AZ), and Mark Kelly (D-AZ), introduced the Canadian Snowbirds Act of 2023 (S. 387) in the Senate. The bill proposed a nonimmigrant visa for Canadians aged 50 and over who own or lease a U.S. residence, allowing stays of up to 240 days per year.
- June 2023: Representative Elise Stefanik (R-NY) introduced the Canadian Snowbird Visa Act (H.R. 4448) in the House of Representatives, with bipartisan support. This bill mirrored the Senate version and set similar requirements and restrictions for eligibility.
- Both bills in 2023 received bipartisan backing but did not pass into law.
If history is any indicator of where things might go with this proposed legislation, in our humble opinion, this will likely never move forward as well.
U.S. Tax Matters
Many Snowbirds are aware of the U.S. tax residency rules under the Substantial Presence Test (SPT). The Substantial Presence Test is a calculation of the number of days that a Snowbird spends in the US over a three-year period. Under this test, if the number of days calculated is greater than 183, the Snowbird would be deemed a U.S. tax resident and subject to U.S. income tax on their worldwide income, along with all the other rather onerous U.S. income tax and compliance requirements. Traditionally, a Snowbird who meets the SPT can file IRS Form 8840 (The Closer Connection Exception Statement) to exempt themselves from U.S. tax on their worldwide income. Being allowed to stay in the U.S. for more than 183 days in a calendar year would make the Snowbird a U.S. tax resident. This could impose additional U.S. tax and penalties if the Snowbird had an interest in a Canadian company, trust, or other Canadian entity. If the Snowbird owned Canadian mutual funds, these would be considered PFICs under U.S. tax rules and subject to onerous U.S. tax and filing requirements. Snowbirds would also be required to disclose their interest in RRSPs and RRIFs. If the client were a snowbird in California, they would be subject to additional income tax on the accrued earnings within their registered assets. Lastly, the Snowbird would be required to file a U.S. FBAR (Foreign Bank Account Report – FinCEN 114) and IRS Form 8938 (Statement of Specified Foreign Financial Assets) disclosing their ownership of foreign assets. Failure to file these forms could lead to the imposition of significant financial penalties.
The current proposed snowbird legislation does not provide new or specific tax guidance for snowbirds who are deemed U.S. residents under the SPT. Instead, the legislation explicitly states that individuals admitted under this act will have “nonresident alien tax status” – meaning the intent is that qualifying Canadians will not be considered U.S. tax residents solely by virtue of staying up to 240 days under this Visa category.
The bill does not override or amend the existing U.S. tax residency rules, including the SPT. However, if the bill does get the bipartisan support to move forward federally, would states like California, which do not acknowledge the Canada-U.S. Tax Treaty, allow snowbirds to be considered as nonresidents for State tax purposes? For no State tax jurisdictions like Florida or low tax states like Arizona that enable the use of Canadian foreign tax credits against income subject to tax there, this might be a non-issue. However, for those snowbirds who would be in California for greater than 183 days, the tax relief proposed under these rules federally might not apply at the State level.
Conclusion
If enacted, the Canadian Snowbird Visa Act would provide eligible Canadians with greater flexibility and the ability to spend more time in the U.S. annually, while maintaining essential restrictions on work and benefits. The bill reflects ongoing efforts to support economic recovery in U.S. regions that benefit from Canadian tourism and property ownership but also comes amid new administrative and unknown U.S. Federal and maybe state tax requirements that may affect some snowbirds.