I need your advice! I am a US citizen, who has applied for a work permit in Canada under NAFTA agreement, under the "professionals clause" (Appendix 1603.D.1 - Professionals). On the time I have applied i was already in Canada (I came here with my Canadian fiancé). So i was told to send my application complete with a letter from a potential employer (who keeps calling and asking when I can start working - i am a graphic designer) to Buffalo Center. After 6 months of waiting I received a letter from Buffalo asking me to send to them again the same letter from the employer and... a proof of my legal status in Canada. Well, I sent them the updated letter and for the proof of legal status, i thought - what kind of legal status can a US citizen have in Canada if she exactly applies for a status. So i figured, i was a legal tourist in Canada and sent them a photocopy of my US passport (I have travelled to New York 2 months ago, so I was not overstaying in Canada). And so - two weeks later I receive a rejection "because I failed to provide a proof of my legal status". I turned to the Immigration lawyer, who said: No problem - 3 weeks and 3000$ and the permit will be yours! But according to NAFTA agreement I should of just have it in three weeks. I am totally at lost and don't know where to turn. :roll: If you can advise me, I'll be ever so thankful, God bless you. signed: Une Américaine perdue au Canada :cry:

Have you considered processing your application at a Canadian port of entry? This may be the best approach in your case assuming that you have all the necessary documentation to properly support the case.

That will be at Buffalo center. But I did just that – only I didn't apply in person, but sent them my application by mail. may be that what was wrong? May be I should of showed up there in person... They also would reviewd my documents on the spot (now, one person who looked at my job offer letter told me that it was not the right offer, because the employer is a placement agency for designers - that means that they only dispatch the freelance designers for temp missions). So should I buy a train ticket and travel to Buffalo and just go there without an appointment and show my papers and ask them what have happened and how I should now go about it. what is frustrating - there is no official to talk to in person - everything was done through mail. And they don't answer the phones in Buffalo.

Buffalo Center would typically refer to the Canadian Consulate located in that city. A port of entry is not a visa office; it refers to locations such as border crossings and airports at which foreign nationals may arrive into Canada. Certain immigration applications, including most NAFTA cases for US citizens, can be processed at a port of entry. A properly documented application can be concluded within a matter of a few hours in most cases.

Thank you. Just to make sure that I understood it right: I should travel to Buffalo (because I am already in Toronto) by train, go to Canadian Consulate without any appointment and submit my application (with a letter of job offer attached to it) to a Consulate clerk and wait for an answer...
What I did: I sent my application from Toronto to Buffalo by mail, waited for a response for 5 months(!) then got a letter from them asking me to provide "a proof of legal status in Canada" (!) and when I just sent them a photocopy of my US passport – got a refusal letter. I just feel so discourage to start all over again. If I do – should I go in person to Buffalo? Thank you.

Hi - You probably already got this info, but I thought I'd reply anyway in case someone else is looking at your post for help...

What David meant by "port of entry" is not Buffalo Center but the actual, physical place where you "enter" Canada, such as an airport or a bridge. For example, at the Peace Bridge in Fort Erie just opposite Buffalo, or at the Queenston-Lewiston Bridge in Niagara Falls. A full directory of locations can be found by going to the Canada Border Services website.

good luck everyone!

Thank you! :)

Hi tania_sasha

I don't want to sabotage the board but I was unable to private message you.

I was wondering if you could explain a litte about the agency that is offering you a work visa. I'm in a similar situation, I'm illustrator/web designer and I'm having a hard time trying to find someone willing to employ me full time. I'm starting to run low on time to apply for a visa and was interested to hear that you found a placement agency willing to sign you a work visa to do freelance work.

Thanks!

Freelancers Unlimited, the name of the company. But as you see, I was denied work permit and a paralegal said that it may be because I was propmissed an employement by temp agecy. I am sure, there was an abuse - what a difference if it's a temp agency. But one can't argue with an immigration officer.
Good luck to you!

Temp agencies are not eligible employers for the purpose of a work permit application as a matter of policy. This is due to the fact that a temp agency does not guarantee work or a salary for the duration of work sought. If a temp agency assigns you to a specific Canadian employer, then a work permit can be sought for that employer.

Thank you... I wish I knew that before... But thank you anyway :)

Thanks for the information tania and david.

I guess I will try to find a company who is willing to hire me full time.

btw tania, what is your situation now? Since you are getting married soon (congratulations btw), can you not apply for PR after you get married? I know it means you will have to live apart from your fiance for now but in the long term would that work for you?

Canadin citizens must "sponsor" their non-canadian spouses or common–in–law. If the couple is married they do not have "to live apart". The non-canadian spouse may remain within Canada during all the time of the application proces. The temporarily SIN is assigned and a temporarily work permit, also. You must visit Canadian Immigration Agency site – it has all the info on sponsoring a spouse, etc.
Good luck!

Sorry tania, I think you misunderstood me. I was asking if everything is ok with you now =)

While one is still alive and in good health, everything is OK. Thanks god. Wish you all the best.