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Non-resident, part time, volunteer needing a work permit, what is best direction

gwsevt

Newbie
Sep 27, 2016
3
0
I couldn't figure out what topic applies, sorry. We are USA resident's living in Vermont. My husband has been a volunteer coach at a Canadian University (lacrosse) for 15 years or so, driving back and forth about 3 times a week during the fall season. This weekend while heading up to meet the bus for a weekend of away games he was not allowed admittance to Canada and told he had to produce work papers before he would be let back in. The school recognizes his team on their new web site and supports them with a locker room and laundry but the team is still officially a "club" team and the school does not fund them or employ the 2 coaches. The acting Athletic Director however is very supportive and willing to do whatever needs to be done to get him back in Canada, it's the middle of the season and the season is short enough. The AD passed the need on to the school HR department but they make it sound like this is more complicated and will take longer than the day or two the agent who turned him away on Sat. led him to believe it would be. Is there an expedited way to get him back to practice? Apparently he can't go into Canada now for any reason, even to see friends or go to the airport (all things we have done for years being so close to the boarder) until he provides these papers. Any suggestions about what direction to take?
 

scylla

VIP Member
Jun 8, 2010
96,928
22,891
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Even when the work is unpaid and volunteer - a work permit is often still required if it's the sort of job someone "might" be paid to do. Because coaches at the university level can often be paid, he requires a work permit to engage in this volunteer work in Canada. Doing this without a work permit is classified as illegal work. It's quite surprising he wasn't stopped sooner by CBSA.

The work permit process is typically not fast or easy and there's no expedite stream. Getting the physical work permit issued is fast and can be done at the border since he's American (perhaps this is what the agent was referring to). However obtaining the paperwork to qualify for a work permit can be quite an involved process. The first step is to determine if the job falls on the NAFTA. If it does - then getting a work permit is achievable. If coaches do not fall under NAFTA - the next steps become significantly more complicated, expensive and long - and it starts becoming extremely unlikely that obtaining a work permit will be possible.
 

gwsevt

Newbie
Sep 27, 2016
3
0
How do you find out if it falls under NAFTA? Also if it ends up being that impossible, though it seems crazy that it should and he can no longer coach them how does he become eligible to get into the country again? For instance my son is a ski racer and my husband often goes up with him to early season race series as well as spring series.
 

scylla

VIP Member
Jun 8, 2010
96,928
22,891
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
gwsevt said:
How do you find out if it falls under NAFTA? Also if it ends up being that impossible, though it seems crazy that it should and he can no longer coach them how does he become eligible to get into the country again? For instance my son is a ski racer and my husband often goes up with him to early season race series as well as spring series.
You would google "NAFTA job list". Here's one link: http://www.tnvisaexpert.com/overview/nafta-job-list/

If he can't get the work permit, then he will still be able to enter Canada in the future. However he obviously won't be able to volunteer as a coach and when he enters as a visitor he may have to provide proof that he is in fact going to Canada to visit - not to work/volunteer.

While the rule may seem crazy to you - these rules are in place to protect domestic workers and are quite common across the globe in many countries (including the US).

Good luck - hope it works out.
 

gwsevt

Newbie
Sep 27, 2016
3
0
Hi,
Just wanted to follow up in case someone else has a similar problem. Turns out he does not need a work permit qualifying under regulation R 186 H which exempts athletes and coaches. So I guess the agent's who have been welcoming him in for the last 15 years had it right! Thanks for your efforts Scylla