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)
- * 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.
----------------------
---------------------------------------------------------------------------------------------------------------
It is very unlikely that blind or unexpected email to me will
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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
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Disclaimer: This question has been answered without detailed
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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
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