UK Citizen - IEC Working Holiday Scheme - Entry via US on ESTA issues

[canadaviaus]

Hello all

Me and my partner have flights booked to NYC in May from London (UK Citizens), we are planning on visiting NYC for a week with friends and then making our way to the Canadian border to activate our IEC working holiday visas. We have return flights booked from NYC on the 27th May (not planning to use these, but it was cheaper).
My POE letter runs out on the 31st of May (last day to enter Canada)

I did not believe this was a problem until I started reading last week about the whole 90 day ESTA issue, that you have to leave North America (US/Canada/Mexico) within your 90 days.

This is REALLY causing us stress as we don't know what the official way around this is? We don't want to cause any issues getting into Canada, or potential issues getting into the US in the future. Or is this really a non issue?

I joined the official IEC webinar in the week and asked the question, but they advised to email them separately about this. I've emailed them but they can take 30 days to reply, but I really want to get this sorted ASAP as we have so much to do and sort out.

I believe we don't have enough time to risk getting a B2 Tourist Visa from the timelines on their website.

I see our options as below:

1: Fly to NYC > Fly to Toronto and hope for the best (Will US Border have an issue with this?)
2: Fly to NYC > Land crossing into Canada (Niagra Falls?) and hope for the best.
3: Fly to NYC > Get into Canada (Land/Air?) & activiate Visa > Then go to South America or Iceland within my 90 days > back to Canada.
4: Book a return flight to Canada between now and May to activaite our Visa. Go back to the UK and then return in May via NYC. (Expensive option)
5: Try and get a B2 Visa > Then carry on as normal (option 1)
6: Any other suggestions?

I know there has been quite a few posts on this but I'm still really struggling to find an official answer, as it seems no one ever then updates the question with what they actually did.

I would really appreciate if someone could help us.

Thanks in advance!

 

[Bs65]

So the 90 day rule has a specific purpose applied to VWP passport holders entering the USA with an ESTA which allows for a 90 day stay. Once the initial entry is achieved then any side trip to Canada or Mexico returning to the US does not reset the 90 days initially granted based on an ESTA/VWP.

There are no limits in the 2 year validity of an ESTA of how many times can enter the US, only the discretion of USCBP at the US POE.

Don’t know where the North America thing comes from as the 90 days applies to the US.


Your plan to enter the US, stay for a week is fine as long as you convince US CBP of your onward travel arrangements to Canada or a return to the UK. All they want to know is an assurance that you plan to leave .

The only question really is that there is some vague rule that transiting the US on an ESTA/VWP to take up residence in CAnada or Mexico is not allowed unless a PR of those countries. Whether this applies to iEC participants no idea but then again IECs are not taking up residence but on a working holiday.

Others can comment as this is only my personal interpretation and cannot of course predict USCBP.

 

[canuck_in_uk]

Hello all

Me and my partner have flights booked to NYC in May from London (UK Citizens), we are planning on visiting NYC for a week with friends and then making our way to the Canadian border to activate our IEC working holiday visas. We have return flights booked from NYC on the 27th May (not planning to use these, but it was cheaper).
My POE letter runs out on the 31st of May (last day to enter Canada)

I did not believe this was a problem until I started reading last week about the whole 90 day ESTA issue, that you have to leave North America (US/Canada/Mexico) within your 90 days.

This is REALLY causing us stress as we don't know what the official way around this is? We don't want to cause any issues getting into Canada, or potential issues getting into the US in the future. Or is this really a non issue?

I joined the official IEC webinar in the week and asked the question, but they advised to email them separately about this. I've emailed them but they can take 30 days to reply, but I really want to get this sorted ASAP as we have so much to do and sort out.

I believe we don't have enough time to risk getting a B2 Tourist Visa from the timelines on their website.

I see our options as below:

1: Fly to NYC > Fly to Toronto and hope for the best (Will US Border have an issue with this?)
2: Fly to NYC > Land crossing into Canada (Niagra Falls?) and hope for the best.
3: Fly to NYC > Get into Canada (Land/Air?) & activiate Visa > Then go to South America or Iceland within my 90 days > back to Canada.
4: Book a return flight to Canada between now and May to activaite our Visa. Go back to the UK and then return in May via NYC. (Expensive option)
5: Try and get a B2 Visa > Then carry on as normal (option 1)
6: Any other suggestions?

I know there has been quite a few posts on this but I'm still really struggling to find an official answer, as it seems no one ever then updates the question with what they actually did.

I would really appreciate if someone could help us.

Thanks in advance!

The US cannot set a limit for how long people can stay in North America.

Examples of the 90 day rule:

- you spend 30 days in the US, come to Canada for 30 days and then return to the US. Your stay in the US is now considered to be at 60 days.

- you spend 70 days in the US, come to Canada for 30 days and then return to the US. Your stay in the US is now at 100 days and you are in violation of the US rule.

If you spend a week in the US and then move to Canada, you've spent a week in the US. Nothing to do with their 90 day rule.

 

[spousalsponsee]

Hello all

Me and my partner have flights booked to NYC in May from London (UK Citizens), we are planning on visiting NYC for a week with friends and then making our way to the Canadian border to activate our IEC working holiday visas. We have return flights booked from NYC on the 27th May (not planning to use these, but it was cheaper).
My POE letter runs out on the 31st of May (last day to enter Canada)

I did not believe this was a problem until I started reading last week about the whole 90 day ESTA issue, that you have to leave North America (US/Canada/Mexico) within your 90 days.

This is REALLY causing us stress as we don't know what the official way around this is? We don't want to cause any issues getting into Canada, or potential issues getting into the US in the future. Or is this really a non issue?

I joined the official IEC webinar in the week and asked the question, but they advised to email them separately about this. I've emailed them but they can take 30 days to reply, but I really want to get this sorted ASAP as we have so much to do and sort out.

I believe we don't have enough time to risk getting a B2 Tourist Visa from the timelines on their website.

I see our options as below:

1: Fly to NYC > Fly to Toronto and hope for the best (Will US Border have an issue with this?)
2: Fly to NYC > Land crossing into Canada (Niagra Falls?) and hope for the best.
3: Fly to NYC > Get into Canada (Land/Air?) & activiate Visa > Then go to South America or Iceland within my 90 days > back to Canada.
4: Book a return flight to Canada between now and May to activaite our Visa. Go back to the UK and then return in May via NYC. (Expensive option)
5: Try and get a B2 Visa > Then carry on as normal (option 1)
6: Any other suggestions?

I know there has been quite a few posts on this but I'm still really struggling to find an official answer, as it seems no one ever then updates the question with what they actually did.

I would really appreciate if someone could help us.

Thanks in advance!

The crucial line here is "We have return flights booked from NYC on the 27th May (not planning to use these, but it was cheaper)."

Because you have return flights out of North America within 90 days, you are eligible to enter the US under ESTA. Once in, your plans can change, including going to Canada & staying there. The important thing is that at the time you arrive at the US border, you have transit out of North America (or the ability to stay legally, which doesn't apply to you, because you won't at that point).