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I can't seem to find a lot of information about this for US citizens working in Canada so I am hoping someone here can help me. I am looking to move to Canada and am currently speaking to an employer in Vancouver. My position would qualify for a TN visa. I also am thinking at some point of applying for permanent residency as a skilled worker. My question is, once I am in Canada, am I able to apply for permanent residency on a TN visa? I have tried contacting the Canadian consulate in Buffalo and they will only talk to me via email if I have an existing application, which I do not have yet. It seems there are some limitations with a TN visa that other visas don't have. I just want to make sure I am doing everything legally. Thanks so much!!
As a rule, you cannot apply for perm. residency while in Canada on a TN because the letter you present states that you are there for a temporary fixed time and will be returning to your country of residence -- the US. It's the same way for going to the US on a TN from Canada NAFTA rules state it's temporary.
There are other ways and maybe those forums can help.
I guess I'm just trying trying to figure out how to actually get into canada the quickest since my job would be starting asap. Would I be able to switch work visas once I got there from a TN to a temp WP? Maybe I should just get a lawyer....
Can't you ask your employer what they would suggest? I know companies that hire abroad, and they usually take care of the move, all expenses paid.
But I do agree that hiring an immigration lawyer would be wise. They'd know for sure, whereas you can get a lot of varying opinions, or well-meaning people trying to be helpful who don't realize they're spreading misinformation.
I've pretty much decided to hire a lawyer and try to negotiate the cost of that with my employer. The company is VERY hesitant on hiring me since they were burned previously on hiring abroad but the situation was completely different (someone from europe on a student visa). I guess once the person was hired they were not able to stay and the company doesn't want to run that risk with me. They are also a very small company and it doesn't look like they are really well versed in immigration issues. Now to just find a good lawyer who is ok to use (aren't there only certain lawyers who are recognized or something?) and won't cost me a small fortune.....
You need a letter of offer in hand to apply for the TN. The letter must detail what kinds of tasks you will be doing in addition to the occupation title. It must say that the nature of the job is temporary for a period of one year and the salary must be indicated. It also must say what credentials that you have to qualify for the position.
You also need the original degree certificates in hand when you go to apply.
You can hire a lawyer but it is possible to do it yourself. I worked in the US under a TN for 8 years -- after each year I went to the border and re-applied. There is a processing fee but I don't know how much it is on the Cdn side. The US charged about $55.00 or so.
As a rule, you cannot apply for perm. residency while in Canada on a TN because the letter you present states that you are there for a temporary fixed time and will be returning to your country of residence -- the US. It's the same way for going to the US on a TN from Canada NAFTA rules state it's temporary.
There are other ways and maybe those forums can help.
I had heard that the rules have been changed, and that now one can apply for permanent residence within Canada if one is on a work permit - TN Visa included. It makes sense to do it this way. The TN Visa is officially for people who are there temporarily and not for those planning to stay permanently. But let's say that you tried the TN for a year (or two), and after living in Canada for 2 years (having renewed the TN one time) you decided that you liked it enough to make your stay permanent. I actually think it's a bad idea to go the permanent resident route directly from the States, as visiting and living there are 2 different things. So, say you wanted to go permanent while on the TN Visa, and the company wanted to keep you ... it makes no sense to quit one's job, pack up all of your things, possessions, sell the house, etc and return to the States and apply for permanent residency - especially since the process takes 2 years to complete. Not only that, you'd have to re-settle in the States. I don't know about you, but I'd be a bit tired of that. I would strongly recommend an immigration lawyer to clear it up. Immigation lawyer specialists will certainly be able to tell you if what I am saying is correct. Some lawyers will accompany you through the TN process, even if you can do it yourself - it might be worth it to pay them a few hundred extra to get it handled smoothly.
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