Sunday, December 22, 2024

Canadians flagged at border for house-sitting say U.K. company misled them | CBC News

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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.”

A segment of a U.S. Homeland Security paperwork with a woman's photo and fingerprint.
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.”

A woman and a dog.
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.”

A woman and a cat.
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.

A webpage with a slogan that reads "the freedom to travel."
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.

A woman crossing her arms.
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.

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