NAFTA Professionals and Work Permit Extension

Discussion of issues concerning temporary employment in Canada, or temporary entry for business activities.

NAFTA Professionals and Work Permit Extension

Postby picador on Wed Oct 24, 2007 2:31 pm

I am a US citizen living in the US. I have a job offer in Canada and plan to apply for a TWP. I have four distinct questions about my eligibility:

1. The job description and my credentials fit several different NAFTA professional categories: I am certified as a Lawyer in my state in the US, I have a JD degree, and I have a Masters in Engineering. The job will require both legal and technical work. However, I will not actually be practicing law in Canada until I am certified there, which will take quite a long time due to the requirements of the Law Societies. How strict are the NAFTA Professional categories as far as matching the exact title of the job position, as long as the job is roughly equivalent and the credentials and training qualify? Does it actually have to be called "Engineer" or "Lawyer", or could something like "Technical Consultant" still meet the NAFTA guidelines?

2. If I qualify as a NAFTA Professional, does my employer still have to apply to HRSDC for a LMO? What effect does the NAFTA Professional category have?

3. If I am approved, how long does the permit usually last? Am I likely to be able to extend it? Everything I read says that it "might" be possible to extend a TWP, but I can't find any information telling me what this "might" depends on.

4. It sounds as though NAFTA Professional TWPs must be applied for upon entry. Can I arrive a few weeks before the job begins in order to move into an apartment, etc?

Thank you for your time.
picador
 
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Postby yhuj on Thu Nov 01, 2007 5:53 pm

If you have an offer of employment, you will be able to go to the border and then on the Canadian side, go into the office and apply for a permit. You'll need to prove that you fall under NAFTA (I brought proof of employment history, resume, degree).

You need to be very careful with how your offer letter is worded. For me, NAFTA has an entry for Computer Systems Specialist. My offer letter was Network Systems Specialist. The two agents at the office discussed between themselves whether it was the same thing.

If you aren't legally able to practice law in Canada, I would definitely look into if you are eligible for NAFTA status for this. Sorry that I can't give you more details than that...

You will not have to get HRSDC opinion if you are a valid NAFTA worker -- this is the benefit of NAFTA.

Your work permit will be valid starting on the day your offer letter describes. It's usually valid for exactly one year (however, I've heard rumors about two year permits -- especially in Alberta). Two months before your permit expires, you need to get it renewed. This is done by filling out an extension form and mailing it to the office in Alberta. (I'm currently waiting for the result of this, but from what I've heard, only people with shady job descriptions are denied. We'll see!).

I would think that you'd be allowed entry even if you don't start for a few weeks. If anything, you'd enter as a Visitor and not a TW and then on the day your work permit is valid, you'd then be considered a TW. I can't say for sure, though. I originally entered as a Visitor, found a job, then went back to the border to apply.

The key is to just have all of your paperwork on hand when you go for your permit. It never hurts to have more paperwork than needed. Anything that would possibly prove your NAFTA credentials -- bring it.
yhuj
 
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