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Q: Mexican Moving to Canada - First Nafta Visa ---> Then Ask Permanent status? ( Answered,   1 Comment )
Question  
Subject: Mexican Moving to Canada - First Nafta Visa ---> Then Ask Permanent status?
Category: Business and Money > Employment
Asked by: patas-ga
List Price: $50.00
Posted: 10 Aug 2006 14:52 PDT
Expires: 09 Sep 2006 14:52 PDT
Question ID: 754772
Can I use the NAFTA TN Visa to start working in Canada and then
process the permanent residency status?
I received today an offer from a company based in Canada to start as a
full time employee on October 2006. This is a long term job offer that
is "subjet to my entry to Canada to work with employment authorization
from the Government as required." Furthermore, I am required to pursue
Canadian permanent residency status upon commencement of my
employment.
My question is whether, as a Mexican, can I utilize initially the TN
Nafta Visa to get my foot in Canada, and once there apply for
permenent residency?

Request for Question Clarification by tisme-ga on 10 Aug 2006 15:01 PDT
Have you asked your employer if permanent residency status is a requirement?
Answer  
Subject: Re: Mexican Moving to Canada - First Nafta Visa ---> Then Ask Permanent status?
Answered By: tisme-ga on 11 Aug 2006 06:22 PDT
 
Hello patas-ga,

Sorry, I missed the sentence in that said you are required to pursue
permanent employment upon commencement. I understand your question and
will do my best to assist you with this.

I read the documents available online and contacted Canadian
Immigration services to verify the information below.

First of all, in most fields of employment, you are still required to
apply for a work permit. This is especially true of permanent work, as
is the case in your situation. The NAFTA TN Visa is mostly for
temporary work in Canada. Your NAFTA TN Visa will however, help
facilitate obtaining this permit easier by, for example, exempting you
from the human resources confirmation requirement. So while it will
help speed along the process, you are still required to obtain a work
permit, and then to pursue permanent residency status.

For your application to work in Canada (work permit) you need to read
the following information and complete the application. The detailed
information regarding the work permit is available here:
http://www.cic.gc.ca/english/applications/work.html Note that you ARE
exempt from applying for a Temporary Resident Visa.

The application must then be submitted to a visa office at a Canadian
embassy, high commission or consulate in Mexico. The one in Mexico is
in Mexico City and the contact information is available here:
http://www.cic.gc.ca/english/offices/missions/mexico.html There are
also several consulates in Mexico city, see the bottom of this website
for more information:
http://www.dfait-maeci.gc.ca/mexico-city/general/phone_fax_list-en.asp

If you have any specific questions with regards to completing the
form, or other questions relating to this please let me know. I am
inside Canada and have access to the call centre so I can do more
checking for you on this end.

I hope this answer is what you were looking for. Please let me know if
you require any additional information and I will do my best to
further assist you.

All the best,

tisme-ga


Search Strategy:

canadian immigration nafta
government of canada mexico embassy
-used the immigration call centre

Request for Answer Clarification by patas-ga on 11 Aug 2006 10:31 PDT
Hi,

Thanks for your answer and willingness to answer some more. I have got
5 more for you:

Question 1
What if I travel to Canada only with my Mexican passport and enter as
a tourist and once in Canada ask for a work permit and then for
permanent residency?

Question 2
Is not very clear what is the benefit of getting a work permit instead
of using the TN Visa? More paperwork is required for the work permit
than for the TN Visa. Yet both will be temporary, since I will be
pursuing the permanent residency.

These questions are all related to the work permit:
Question 3
The work permit asks if I have applied for canadian immigration visas.
The answer is yes. I did it to the province of Quebec and it was
rejected because I did not speak French up to the level they wanted.
Is this a reason to reject my work permit? Do I need to bring
documentation to support my answer?

Question 4
The work permit asks for any country I have lived more than six months
in the past five years. I lived in Germany the fourth year and in
Belgium the fifth year. I do have police certificates of no records
from these two countries, but are three years old, and I have not been
back ever since the certificates were issued. Do I need to get these
cerificates updated? Or those are still valid? Besides, they are in
Flemish and in German, do I need to get an official translation to
English? Or the question has nothing to do with police certificates?

Question 5
The company is asking me to pursue permanent residency in Canada, yet
the work permit asks for a specific time frame for my stay in Canada.
Do I need to ask the company to put an end date on the offer for this
purpose? Or how can I handle this?

Thanks!

Request for Answer Clarification by patas-ga on 11 Aug 2006 10:36 PDT
This is the way the clause is written:
"Upon commencement of your employment, you will apply for and
dilligently pursue Canadian permanent residency ststus"

Clarification of Answer by tisme-ga on 11 Aug 2006 16:54 PDT
Hello patas-ga,

Can you tell me what the job is? Canada Immigration makes a
distinction between different jobs. In the meantime I will get back to
you as soon as I have all those answers. I might take until Monday, I
hope that is ok?

tisme-ga

Clarification of Answer by tisme-ga on 14 Aug 2006 07:11 PDT
Question 1
What if I travel to Canada only with my Mexican passport and enter as
a tourist and once in Canada ask for a work permit and then for
permanent residency?

ANSWER: You can do this, but you will still have to follow the same
process. Immigration recommends that you start the process in your own
country. You will not be able to start working on a permanent job
until a work permit of some sort is held by you.

Question 2
Is not very clear what is the benefit of getting a work permit instead
of using the TN Visa? More paperwork is required for the work permit
than for the TN Visa. Yet both will be temporary, since I will be
pursuing the permanent residency.

ANSWER: The work permit allows you to work on a permanent job as well.
The TN Visa does not allow you to do this. That is the main reason the
work permit is absolutely a requirement.

These questions are all related to the work permit:
Question 3
The work permit asks if I have applied for canadian immigration visas.
The answer is yes. I did it to the province of Quebec and it was
rejected because I did not speak French up to the level they wanted.
Is this a reason to reject my work permit? Do I need to bring
documentation to support my answer?

ANSWER: Are you applying to Quebec again? If not, this may not be as
large a requirement. While there are still points for knowing both
official languages, if you are trying to get a work permit again and
won?t be living in Quebec (the only French province) it will not be a
problem. Also: Having a permanent job waiting will help you get it as
well.

Question 4
The work permit asks for any country I have lived more than six months
in the past five years. I lived in Germany the fourth year and in
Belgium the fifth year. I do have police certificates of no records
from these two countries, but are three years old, and I have not been
back ever since the certificates were issued. Do I need to get these
cerificates updated? Or those are still valid? Besides, they are in
Flemish and in German, do I need to get an official translation to
English? Or the question has nothing to do with police certificates?

ANSWER: Bring in the certificates, they may be required. You will not
need to update them.

Question 5
The company is asking me to pursue permanent residency in Canada, yet
the work permit asks for a specific time frame for my stay in Canada.
Do I need to ask the company to put an end date on the offer for this
purpose? Or how can I handle this?

ANSWER: Yes, this is an option. You might want to think seriously
about doing this though? it could allow the company to terminate your
employment and your job might not be guaranteed. You are better off
getting a work permit and keeping the job permanent. (Note: some jobs,
even temporary ones require a work permit. I would need to know your
job to let you know if you fall under this).

I would give your local consulate or embassy a call and start the
process as quickly as possible. Ask them if it is possible for them to
fast track it since you have an employer waiting for you. Give them
the phone number and contact information of your potential employer.
Swiftly complete the documents and follow up often on the status of
them. You should be able to get through this quickly. Please let me
know if I can be of any further help to you!

tisme-ga
Comments  
Subject: Re: Mexican Moving to Canada - First Nafta Visa ---> Then Ask Permanent status?
From: richardmtl-ga on 11 Aug 2006 05:56 PDT
 
Hi there,

Here are couple of links to get you started:

Embassy of Canada in Mexico:
http://www.dfait-maeci.gc.ca/mexico-city/immigration/menu-en.asp 
Scroll down halfway, then find this link: Temporary Entry to Canada
under the North American Free Trade Agreement (NAFTA). A guide for
U.S. and Mexican business persons and for university graduates in
certain fields of study.
http://www.cic.gc.ca/english/pub/you-asked/section20.html

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