After five failed attempts, Rep. Stefanik's latest Snowbird Visa Act faces long odds and little substance
For years, Canadian snowbirds have been flocking to the United States to escape the harsh winter months. Now, a recent legislative proposal introduced in the U.S. Congress aims to give them even more time to soak up the sun in Florida, Arizona, and other popular destinations. On April 29, 2025, Representative Elise Stefanik (R-NY) introduced the Canadian Snowbird Visa Act, which proposes extending the allowable stay for Canadian citizens aged 50 and over without visas in the U.S. from the current 182 days per entry to 240 days within a 365-day period.
At first glance, the proposal might seem like a windfall for Canadian snowbirds, who already make up a significant portion of the real estate and tourism market in sunbelt states. But a closer look reveals that the proposed legislation is far from a new idea. In fact, this is the sixth attempt by Rep. Stefanik to push similar legislation through Congress. Previous versions introduced in 2016, 2017, 2019, 2021, and 2023 all failed to advance to a vote, and the independent tracking website GovTrack.us now gives the latest iteration a mere 2% chance of being enacted.
Is that a bad thing? Not really. One reason is that the Bill offers limited tangible benefit to Canadians, who can already spend up to 182 days per entry in the U.S. without a visa. Extending that to 240 days within a 365-day period would effectively allow them to stay for up to eight months a year. However, such a prolonged stay could trigger unintended consequences.
Under U.S. tax law, staying beyond a certain threshold could inadvertently make a Canadian visitor a U.S. tax resident, potentially subjecting them to IRS reporting obligations and U.S. tax liabilities. Moreover, long stays in the U.S. could jeopardize a Canadian's eligibility to receive benefits back home, as well as affect their status under Canada's provincial healthcare programs.
Adding to the complexity are new U.S. regulations requiring foreign nationals who stay over 30 days to register and carry proof of their registration at all times. Canadians hoping to take advantage of the proposed extended stay would still need to comply with these new registration requirements, which are not addressed in the proposed legislation.
In short, while the Canadian Snowbird Act may appear to be a gift to Canadian retirees looking to soak up more sun south of the border, the reality is more complicated. The renewed attention surrounding the Bill appears aimed at signaling goodwill in Canada–U.S. relations during a period of heightened diplomatic tension. However, the public should not be misled: in the current context, this is more of a public relations effort to bolster Rep. Stefanik's visibility than a substantive attempt to attract Canadians to the U.S. With a dismal track record in Congress, limited prospects for passage, and potential tax and residency pitfalls for those who do attempt to extend their stay, Canadians may want to think twice before making any long-term travel plans based on this Bill.
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