NAFTA Visa - American to Toronto Ontario

[cisco_kidd]

Hi All,

So I've been getting mixed answers on this: I know when a Canadian comes to the US, it's called a "TN Visa", however if an American comes to Canada, is it also called a "TN"? I was told it wasn't. If it's not, what is the equivalent?

So here's my question: I have a job offer in Toronto that falls under the Computer Systems Analyst profession. I know I will need to bring the job offer letter describing my duties, resume, my Associates degree. Is there also a form that I need to fill out as well? I guess if possible, can someone walk me through exactly what needs to be performed and given so there aren't any hiccups at the border?

I will be flying into Pearson, and I'm in Florida. Should I do the application and approval process at a Canadian Consulate or would it be better to do this at the airport?

Another side question is - if I have my own company, would it be a better process if the Canadian company hired my American company under the NAFTA profession? Is it the same process?

This is the first time the company that is hiring me is doing this so we are both doing our due diligence in this process.

 

[cisco_kidd]

Anyone?

 

[maranger78]

I suggest you start by reading this page:
cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

Take a moment to read about section 3.8 to verify your eligibility to obtain a work permit as a professional. I am not an attorney nor a licensed immigration consultant so this is just for discussion. In Canada work permits obtained through an international agreement such as NAFTA are not called TN but rather referred to LMIA exemption codes. For instance, a work permit through NAFTA would commonly be known as exemption T23 (for professionals). Its pretty much similar to a TN visa.

Applying at the border or through the Canadian Consulate? Well its a legal strategic decision that I cannot respond to, but most people will prefer at the border (or airport) upon arrival as you get a decision immediately. Your Canadian employer can also request an opinion in advance from the Foreign Workers Unit to ensure you qualify for an LMIA exemption: cic.gc.ca/english/work/employers/tfw-units.asp

 

[cisco_kidd]

Thanks maranger78. NAFTA is LMIA exempt and I fall under NOC 2171 and under exemption code T23.

I tried reading the page you mentioned earlier in your post but everything seemed cryptic. I'll try to read it again.

I'm just looking for a laymens method to go about doing this such as, what I need to do, what questions I should be prepared for, what package I need to provide, such as Diploma, certs, etc. Wondering if anyone here has had the same experience that would like to share.

Also, as an American when I fly to Pearson, I clear customs in the airport. When I leave Toronto, I clear customs in the airport...so I won't get an answer until I fly there. What happens if there's an issue and I'm denied as a worst case scenario? Will they fly me back home or can I be admitted as a Visitor to fix anything and go through the process again in the country?

 

[maranger78]

The admissibility decision is made upon arrival indeed. If you are refused, the Border Agency could return you home or (most likely) allow you in as a temporary visitor. Americans are allowed maximum stay of 6 months at a time, but a Border Officer could reduce that time frame. From my experience, they are generally comprehensive and they let you in as a visitor.

If you do not want to take the risk of being denied the work permit, you may request a preliminary opinion on your eligibility under NAFTA. That's part of the link I sent you, but if you cannot open it, type "Foreign Workers Unit Canada" in Google and it should be the first link to appear. Only your employer can ask for the opinion in advance. This is just an opinion from CIC, a Border Officer could always refuse the work permit (Citizenship and Immigration Canada and Canada Border Service Agency are different government bodies) but they rarely do so (never seen it).

Upon arrival, you got to provide documentation to support you are eligible under NAFTA. This means for NOC 2171 - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years’ experience. So bring these proofs with you (copies of your diploma/certificate and employment reference letters which includes a description of your duties). You also need (most important document of all), an offer of employment from your Canadian employer.

The offer of employer must clearly indicate the job title, duties and responsibilities assigned to you, salary, etc.

If you want to avoid paying high legal fees, my suggestion is to ask for a review (or draft) of the offer of employment only. That's the masterpiece of your application in my mind.

 

[Vorticity]

Hello,

Any follow up on your situation?