Canadians flagged at border for house-sitting say U.K. company misled them
Travellers worried for future trips to U.S., but company says border issues 'rare'
Some Canadians who tried to house-sit abroad say they were flagged and turned away at the U.S. border and now fear their ability to travel freely has been jeopardized after border agents classified their house-sitting plans as work.
Several house-sitters told CBC News they feel misled by U.K.-based company Trusted Housesitters, which some said has been "irresponsible" in "downplaying" the risks involved when taking on an international house-sitting opportunity.
Meanwhile, the company maintains house-sitting is not work, despite U.S. Customs and Border Protection documents telling travellers it's considered employment.
Trusted Housesitters says it facilitated about 49,500 house-sits in 2023, with less than 0.02 per cent resulting in "border control issues" flagged to its customer services team.
On its website, it categorizes border issues as "a rare occurrence."
But Beverly Dunn, a recently retired public servant, said she's "terrified" her plans to spend her winters in the south have been ruined after she was fingerprinted, photographed and refused entry under the U.S. Immigration and Nationality Act for trying to pet-sit in Florida last December.
"I was absolutely traumatized," said Dunn. "I was also in shock."
Dunn
shows a photo of Dolly, her late dog of 18 years. Losing Dolly pushed
Dunn to try dog-sitting internationally through Trusted Housesitters. (Mathieu Deroy/CBC)
'A false sense of security'
Dunn said she used Trusted Housesitters to fill a hole in her heart after her dog of 18 years died.
The company is a pet-sitting subscription service that connects homeowners to house-sitters around the world. While users pay the company a membership fee, homeowners and house-sitters don't exchange money.
Dunn says she successfully house-sat in Florida a couple of times before and had no issues at the border.
But in December, a U.S. border officer at the Ottawa International Airport brought Dunn into secondary screening after she showed them an explanatory letter from the company.
The letter said members are seeking a "more cost-efficient manner of vacationing, and NOT to seek a 'job ' [or] to take away an employment opportunity" from an American citizen or permanent resident.
"We sought the advice of a U.S. immigration attorney. We discussed how U.S. immigration regulations and guidance determine the nature of 'work by foreign nationals which would require work visas/authorization in the United States,'" the letter continues.
"And we, respectfully, do not feel that the above-described arrangements would fall under this category."
But at the airport, Dunn was told house-sitting is considered work.
The paperwork Dunn got from the Department of Homeland Security after her screening states "pet sitting and/or house sitting in the United States in exchange for lodging is considered employment."
It [was] very degrading — they made us feel like drug smugglers.
- Denise McConachie, house-sitter
It goes on to say she was "not in possession of a valid work authorization" and thus was refused entry.
According to transcripts of the screening, the agent told Dunn that day she's "receiving a benefit in exchange for [her] service" — which doesn't have to be monetary.
Dunn says the Trusted Housesitters letter provided her "a false sense of security."
This
withdrawal document from the U.S. Department of Homeland Security shows
Dunn's fingerprints, photograph and the reason she was refused entry on
Dec. 21, 2023. (Submitted by Beverly Dunn)
A Trusted Housesitters spokesperson told CBC it's aware of only a "very small number of border agents not being satisfied" with its explanatory letters.
"But we do understand that they are open to individual interpretation and we are clear with members that they do not guarantee entry," they wrote to CBC, adding the company advises members to check visa requirements before international travel.
Trusted Housesitters reimbursed her flight, hotel and membership fee, but Dunn says they can't undo the red flag on her traveller's file.
While she feels Trusted Housesitters should be held accountable, she also regrets not doing deeper research before becoming a member.
"What they're spewing out is false," she said, referring to the company's "feelings" that house-sitting is not "work" under U.S. immigration law.
"It's wrong because we're left holding the bag now."
Dunn is seen here with PeeWee, a Yorkshire terrier she pet-sat in Florida after she first joined Trusted Housesitters. (Submitted by Beverly Dunn)
Other travellers stopped
Elyse Sevigny said she was refused entry at the Ottawa airport after showing a U.S. border agent the Trusted Housesitters letter last summer. She was on her way to New Mexico to dog-sit.
"I was shocked," Sevigny said.
This December, she had a layover in the U.S. and said a border agent asked her if she was still with Trusted Housesitters and if she was planning to dog-sit again.
Sevigny said no. She was let through, but it left her feeling anxious.
"I don't know when I'll feel confident that I can actually start [travelling there] again, because it's always the fear that I'm going to be turned away."
Madolline
Gourley and one of the cats she is pet-sitting named Josie. Gourley was
deported in 2022 while on her way to Canada to house-sit, for not
having a work permit. (Submitted by Madolline Gourley)
Meanwhile, Denise McConachie from B.C. said she had an alarming experience last October when trying to house-sit just across the border in Blaine, Wash.
"One border guard was absolutely ADAMANT we were stealing U.S. citizens' jobs," she wrote to CBC News, adding that they were denied entry.
"It [was] very degrading — they made us feel like drug smugglers."
McConachie said the letter Trusted Housesitters provides "has zero legal teeth" and feels the company "does mislead about the ease of doing international house-sits."
While the platform has been a "fantastic" way to see Canada, McConachie said she's crossed the U.S. off her list.
The
homepage for Trusted Housesitters boasts about 'the freedom to travel,'
a claim some members who've been turned away at the border say is
'ironic.' (Trusted Housesitters website)
'They're misleading people'
Even people travelling through the U.S. to house-sit in Canada have been turned away.
Australian Madolline Gourley was on her way to Canada to house-sit in 2022 but was deported during a layover in the U.S. after border agents told her she needed a work permit.
Gourley says the record on her U.S. travel file is irreversible, and it will now cost her and others time and money to prove they're not trying to enter illegally.
She called it "irresponsible" that Trusted Housesitters was "downplaying" immigration-related roadblocks, adding she's seen dozens post similar stories online.
"They're misleading people," Gourley said. "It's getting a lot of people into trouble."
She's suggested a more transparent banner on the company's website that outlines real risks and visa requirements for places like the U.S., but says Trusted Housesitters has been slow to make changes. She said the company's webpage on border risks — linked at the bottom of its homepage — is "hidden" and not transparent enough.
The company's website also currently boasts about "the freedom to travel" — a claim Gourley calls "ironic."
U.K. city received consumer complaints
Trusted Housesitters is headquartered in Brighton and Hove, U.K., where Coun. Jacob Taylor says they've received "complaints from overseas" about a locally registered company about potential breaches of consumer protections.
Taylor said the city is in contact with the U.K. government's Competitions and Markets Authority Department "over how best to address these concerns."
He said he couldn't go into more specifics.
CBC, however, has viewed emails of some of the complaints made to the city's principal trading standards officer regarding Trusted Housesitters.
Negar Achtari, an Ottawa-based lawyer who specializes in U.S.-Canada immigration, says officer notes refusing entry "will stay in the system forever."
And while future attempts to cross the border will be judged on their own merits, travellers will likely face extra scrutiny, Achtari said.
The burden of proof, she said, is on visitors to show sufficient documentation to the border agent that they are entering with no intent to work.
"Being prepared is key," Achtari said.
Negar Achtari is an immigration lawyer based in Ottawa. (Submitted by Negar Achtari)
Some people have suggested on Trusted Housesitters forums and elsewhere on social media that travellers lie to border agents and say they're staying at a friend's house.
Achtari says she "would never advise someone to misrepresent the truth."
"Misrepresentation has far more serious consequences than being turned away," she said. "That person could find themselves being inadmissible to the U.S., inadmissible to Canada, for quite some time."
U.S. Customs and Border Protection declined CBC's request for comment, and referred CBC to other departments. U.S. Citizenship and Immigration Services did not respond to CBC's request by deadline.
The Canadian government, meanwhile, says the definition of work can include "any activity you are not paid to do but is a job that you would usually be paid for, or would be a valuable work experience for a Canadian citizen or permanent resident."
A Canada Border Services Agency spokesperson noted officers "consider all relevant factors before making a decision."
In an email, a spokesperson for Immigration, Refugees, and Citizenship Canada said visitors can "volunteer as long as it is not defined as 'work.'"
When asked for further clarity on how Canada defines house-sitting, the department didn't answer directly but said entry to Canada is determined on a case-by-case basis.
ABOUT THE AUTHOR
Admitting Officer
Re: TrustedHousesitters
By way of introduction, we are TrustedHousesitters, a UK-headquartered global company which facilitates relationships between people who love to travel and homeowners who wish for the peace of mind of having trusted individuals monitoring their homes and pets while they (the homeowners) are away.
(though, we note, that homeowners are not required to have pets to subscribe to our site).
In particular we noted the guidance provided by Immigration Refugees and Citizenship Canada (IRCC) at:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/tempor
ary-residents/foreign-workers/what-is-work.html (A copy of which is provided with this letter.)
In particular, we note that the guidance states:
What kind of activities are not considered to be “work”?
An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain
employment or experience in the workplace is not “work” for the purposes of the definition.
In the case of our members, there is an exchange of benefits/consideration to both parties resulting from each arrangement, but
the “benefit” received by the traveller is not one of monetary pay, employment opportunity, or workplace experience. Further, on
this same webpage, it states:
There may be other types of unpaid short-term work where the work is really incidental to the main reason that a
person is visiting Canada and is not a competitive activity, even though non-monetary valuable consideration is
received. For instance, if a tourist wishes to stay on a family farm and work part time just for room and board for a
short period (i.e., one to four weeks), this person would not be considered a worker. Work on a farm that is expected to extend beyond four weeks would require a work permit.
Sincerely, TRUSTEDHOUSESITTERS
Office address: TrustedHousesitters, Mocatta House, Trafalgar Place, Brighton BN1 4DU
Registered address: 20-22 Wenlock Road, London N1 7GU Company number: 07227301
US Customs and Border Protection (CBP)
Re: TrustedHousesitters
By way of introduction, we are TrustedHousesitters, a UK-headquartered global company which facilitates relationships between people who love to travel and homeowners who wish for the peace of mind of having trusted individuals monitoring their homes and pets while they (the homeowners) are away.
We provide this letter with the intention of providing clarity and a more detailed description of our company, the service we offer, and most importantly, the manner in which people subscribe to our service.
travellers provide care during their brief stay (though, we note, that homeowners are not required to have pets to subscribe to our site).
Sincerely,
TRUSTEDHOUSESITTERS
Law Office of Negar Achtari
Address:
Ottawa Ontario K4P 0A1
Canada
Phone: Tel.(613) 564-0004
Mobile (613) 294-5334
Fax +1 (613) 564-0005
negarachtari@immigrationcan.com
Negar Achtari is a graduate of Lausanne University, School of Law in Switzerland. She obtained her masters degree (LL.M) in Corporate law and Finance from Widener University in Delaware, USA. In 2002, she graduated with an LL.B. degree in common law from the University of Ottawa, School of law. Negar became a member of the New York Bar in 1998 and was called to the Ontario bar in September 2003.
Negar has had the advantage of living in different countries. She is multi-lingual and brings her experience as a litigation lawyer. Prior to establishing her law office in Ottawa in June 2005, she worked in association with the law firm of Bell, Unger, Riley, Morris, a Canadian immigration law firm.
Negar is one of the few Farsi speaking immigration lawyers in Ottawa. She has represented clients before both Canadian and American immigration authorities. Negar offers legal services in English, Farsi (Persian) and French.
(1995)
LLM in corporate law and finance : Widener University
(1996)
Baccalaureate of Laws, LL.B., Ottawa University
(2002)
Ontario bar (2003)
Member of AILA (American Immigration Lawyers’ Association),
CBA (Canadian Bar Association) and OBA (Ontario Bar Association)
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