With a PR (CANADA) VISA CAN WE MOVE TO USA -


QUESTION:

HELLO SIR, GOOD MORNING, MY NAME IS xxxxxxxxxx I AM FROM DUBAI (BASICALLY INDIAN / HOLDING INDIAN PASSPORT) BUT WORKING WITH SHIPPING COMPANY IN DUBAI, I APPLIED FOR CANADA IMMIGRATION LAST YEAR CAN SAY ALMOST 15 MONTH'S OVER NOW. MY QUESTION IS ONCE I GET PR VISA I WILL MOVE TO CANADA HOPEFULLY NEXT YEAR. ONCE I REACH OVER THERE CAN I MOVE TO USA??ON WORK PERFMIT OR WHAT EVER ??? BUT WHAT I HEARD IS ONCE YOU GOT PR YOU HAVE TO STAY IN CANADA FOR 3YRS FOR YOU CITIZEN SHIP?? IS IT TRUE ?? IT MEANS WE CAN NOT MOVE TO USA ??? PLS TRY TO REPLY B'COS VERY CONFUSED DONT KNOW WHAT TO DO ??

AWAITING YOUR SOONEST REPLY.

THANK YOU ,
xxxxxxxxxxxx
--------------------------------------
 

david ingram replies:

I have to admit that your question offends my sensibilities.  Wasting the Candian Governments time giving you a PR status when you only want to move to the USA is disgraceful.  Not only that, you are slowing down another person's ability to immigrate to Canada. 

AND, once you 'are' in Canada, you will still have to apply for a job in the US and wait for a company to process an H1 visa for you to work there.  At the moment, that is taking about a year.  If your skills are such that you will qualify for a job and an H1 visa to the US, why not just apply directly from Dubai.  10's of thousands of Indian Nationals are in the US working on H1B visas without wasting the Canadian Government's time, money and energy by going through Canada.

An H visa is a dual purpose visa which allows you to apply for US citizenship later.

If you do come to Canada as a PR andtay here for three years, you 'will' qualify for Canadian citizenship.  If you get citizenship, you can then qualify for a simpler visa to work in the USA under the North America Free Trade Agreement. However, to qualify for a TN visa, you have to fit into 63 occupations.  The following list is an example:

TN - NAFTA Professional - (North America Free Trade Agreement) PROFESSIONAL BUSINESS PERSON

A professional is defined as a person with a minimum of a bachelor's degree, who applies for a position, which requires a degree as its minimum entry-level requirement unless otherwise specified.

This is the one we heard about in the news. To meet this classification which is unique to Canadians, you must have a bone fide job offer and all licenses and degrees in place for your profession. 

CHECK LIST for the TN Visa

    * An applicant for admission must establish Canadian citizenship

    * The applicant must be entering the United States to engage in a profession or occupation at a professional level under NAFTA

    * The applicant must be in possession of an offer or contract of employment from a United States employer stating:

        1)     The professional activity to be engaged in

        2)     Purpose of entry 

        3)     Remuneration

        4)     That the position is temporary in nature and will not exceed one  year  (although it can be renewed)

* The applicant must provide documentation of his or her educational degree or professional qualifications

* The applicant must meet all licensing requirements

* Employment need not be full-time 

* Permanent residence abroad is not a prerequisite

* Maximum period of admission of a TN is one year

* TN dependants accompanying the principal TN will be admitted under the  "TD" classification for the same amount of time as the principal 

* A $56 U.S. fee is required ($85.00 for renewal by mail)

* TN applicants are not permitted to enter as a professional to participate in any way to circumvent a strike

* SELF EMPLOYMENT IS NOT PERMISSIBLE

The following is a partial list of some who qualify under a TN Visa. Please note that extensive experience can equal a degree in many cases. All need a Bachelor or Baccalaureate degree unless otherwise noted. In some cases, 3 or 4  years of practical work in a discipline can count for one year of a University degree.  Therefore if the University BA requires 3 years, you need 9 or 12 years of work experience to qualify. 

* Accountants - RIA or SIA or CPA or CGA or CMA or CA

** Actuaries (this is one of two classifications added since 1989)

* Agriculturalists

* Agronomists

* Animal Breeders

* Animal Scientists

* Apiculturist

* Architects - BA or state / provincial license

* Astronomers

* Biochemists

* Biologists

* Botanists

* Chemists

* Computer Systems Analyst - BA or Post-secondary Diploma or Post-secondary certificate and three years of practical experience. This does not get you to the USA, if your job is programming a computer.  An Analyst might spend a day a month working on some modifications (in a testing mode for instance), but they better not be thought of as a "programmer" within the company.

**** Computer Software Engineer *** This is NOT here as an approved occupation.  However, Jackie Bednarz (US head of the NAFTA Section 16 Working group in Washington stated specifically that if a recognized University was to offer the degree, she would consider computer software engineers under the ENGINEER classification when a recognized University granted the degree.  My understanding is that SFU and McGill are now granting such degrees and that the Professional Engineers of British Columbia have recognized graduates as members of their professional society.  Note that TC and TN's were being granted for this category on a sporadic basis until the INS realized that no such "official" degree existed. 

Jackie Bednarz also pointed out (She was part of the original negotiating team when the original FTA (Free Trade Agreement) was being negotiated in 1985, 86, 87 and 88, there was no such thing as the INTERNET, "web masters" and "web sites". When negotiating the job titles, no thought was given to the computer revolution, other than the computer system analyst designation, which at the time meant a main frame analyst for a $1,000,000 computer.

(Thanks to Stuart Lynne and Richard Pitt) (www.fireplug.net), the CEN-TA Group was an official member of the internet as far back as 1986 and thanks to Bill Gates himself (he told me to use Microsoft Xenix as my operating system) and Radio Shack Model 16 computers, CEN-TA was using "email" between offices in Toronto, Ottawa and Vancouver as early as 1983. 

As another aside, Stuart Lynne and Richard Pitt went on to found WIMSEY, the FIRST ISP in CANADA. Bill Gates became quite famous as well. 

* Dairy Scientists 

* Dentists - DDS, DMD, or state / provincial license

* Dental Technicians

* Dietitian

* Disaster Relief Insurance Claim Specialists - (claims adjuster employed by an insurance company located in the territory of a party or an independent claims adjuster) - BA and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or, three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims

* Doctors - (see physician further on)

* Economists

* Engineers - BA or state / provincial licensing

* Entomologists 

* Epidemiologists

* Forester - BA or state / provincial licensing

* Geneticists

* Geochemist 

* Geologist 

* Geophysicists  (including Oceanographer in the United States)  

* Graphic Designer - BA or post-secondary diploma and three years    experience.

* Hotel Managers - BA in hotel / restaurant management; or,       post-secondary diploma or post-secondary certificate in hotel / restaurant management and three years experience in hotel / restaurant management

* Horticulturist

* Industrial Designer - BA or post-secondary diploma or post-secondary certificate and three years experience

* Interior Designer - BA or post-secondary diploma or post-secondary certificate and three years experience

* Journalist BA plus three years experience - (This category is no longer valid and has been left in to explain the circumstances. As I understand it, journalists in general took it as an insult that they had to have a BA degree, because, "most, if not all," of the best known journalists do not have a BA degree.)

* Land Surveyor - BA or state / provincial licenses

* Landscape Architect

* Lawyer (including notary in the Province of Quebec) - LLB, JD, LLL, BCL degree (five years); or membership in a state or provincial bar

* Librarians - MLS or BLS (for which another BA was a prerequisite)

* Management Consultants - BA; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty relating to the consulting agreement.  I must make it clear here.  A Management Consultant is NOT a manager.  The surest way to lose your management consultant renewal is to show up at the border with a business card with the title General Manager, Western Region, or Human Resources Manager, or, or, or.  A management consultant could consult with the actual sales manager about sales techniques or about selling into Canada.  A management consultant could be advising the actual human resources manager in hiring techniques or even suggesting that one candidate is a better fit than another one.  A management consultant can do market research, gather and assemble data and write a report to give to the manager. This is likely the hardest TN visa to get but is also a very important one when it comes to serving the needs of the US company.

Note that the management consultant does NOT need a degree, just five years experience.  This is the perfect job description for the person with 23 years of job experience who has never gone through the formal process of getting a university degree in the discipline.

* Mathematician (including statistician)

* Medical Laboratory Technologist (Canada) / Medical Technologist (U.S.) - BA; or post-secondary diploma or post-secondary certificate and three years experience

* Meteorologist

* Nutritionist

* Occupational Therapist - BA; or state / provincial license

* Organic Chemist  

* Pharmacologist (Pharmacist) - BA; or state / provincial license

* Physician - (teaching or research only), MD or state /provincial license. To work as MD, a doctor must pass his MLE (medical licensing exam), which has three, parts written over a year.  After passing, he or she would enter the U.S. under an H-1A.

* Physicist (including oceanographer in Canada)

* Physiotherapist/Physical Therapist - BA; or state     /provincial license

* Plant Breeder

** Plant Pathologists (This is one of two professions added since 1989)  

* Poultry Scientist

* Professional (most recognized professions)

* Psychologists - state / provincial license

* Range Conservationist

* Recreational Therapist

* Registered Nurse - state / provincial license

* Research Assistant (working in  post-secondary educational institution)

Back to Top

- * Scientific Technician - Possession of: (a) theoretical knowledge of any of the disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.

* Social Worker

* Soil Scientist

* Sylviculturist

* Teacher (College, Seminary, or University) (Post Secondary level only)

* Technical Publication Writer - BA, or post-secondary diploma or post-secondary certificate, and three years experience

* Urban Planner (including geographer)

* Veterinarian

* Vocational Counselor

* Zoologist


The disadvantage of a TN is that it is NOT a dual intent visa.  That means that you can NOT intend to apply for US citizenship with a TN visa as you can with an H or L visa. Many do manage to do so but it is a very nerve wracking process because if you leave the US fior any purpose, the next guy at the border has the right to cancel your TN visa meaning no job and you have to leave the USA.  The terms of obtaining the TN visa are that you MUST be intending to return and live in Canada.
.
Do yourself, the Canadian Government, and someone else who does want to come and live in Canada a favour.  Withdraw your PR application and start looking for your US job with vigor.  In the meantime, while waiting for it you are working free of income tax in Dubai and not having to sweat it out in tax paying Canada while awaiting your dream.

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It is very unlikely that blind or unexpected email to me will be answered.  I receive anywhere from 100 to 700  unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients.  Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject and get answered first.  I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when i am out of town. 

If an email is not answered in 24 to 36 hours, it is lost in space.  You will have to phone to make an appointment.  Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321


David Ingram's US / Canada Services
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Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation  in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
 
David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico  family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
 
Phone consultations are $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or a phone consultation is in Canada.
 
This is not intended to be definitive but in general I am quoting $800 to $2,800 for a dual country tax return.
 
$800 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,000 would be the same with one rental
 
$1,200 would be the same with one business no rental
 
$1,200 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,500 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,600 would be for two people with income from two countries

$2,800 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $150.00 up.
 
With a Rental for $350
 
A Business for $350 - Rental and business likely $450
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $800 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.
 
Just a guideline not etched in stone. 
 
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention

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