U.S. Visa Waiver Program and Canada Work Permit

M

Mal P

New Member
Hello,

I am an Australian passport holder, and I am currently in Canada on business as a Business Visitor for a few weeks. I arrived via the U.S. and so I used the Visa Waiver Program (VWP) to transit through to Canada. The VWP website says that I must leave the U.S. as well as Canada and surrounding
islands within 90 days.

The local subsidiary of my company would like me to stay on and work here for up to a year. They will sponsor a work permit for me (and I have to leave and re-enter Canada via the U.S. to activate this work permit, which is fine as this will be done within the 90 day VWP limit)

My question is, once I have the work permit in place and am staying in Canada for the year, what happens after the 90 day limit for the VWP runs out? Will I be allowed to return to Australia via the U.S. as a Canadian work permit holder? Even though I entered 'North America' using the VWP and their website explicitly states I must leave North America before the 90 days is up? Will I have to re-route my trip home via Europe or something at the end of my assignment?

Any help would be greatly appreciated.

Thank you very much,
Mal
 
Mal P said:
Even though I entered 'North America' using the VWP and their website explicitly states I must leave North America before the 90 days is up?
Click to expand...

Where does the VWP require that you leave Canada after 90 days? That makes no sense. A UK citizen who is a Permanent Resident of Canada can use the VWP to enter the US without issues, even though they just return to Canada after their stay.
 
Hi,

The US Embassy website in Australia has the info:

http://canberra.usembassy.gov/consular/visawaiver.html

In it, it says:

I am transiting through the U.S. on my way to another country. Can I use VWP?

Yes, as long as your total stay in the U.S., Canada, Mexico and adjacent islands is less than 90 days, and you meet the other VWP requirements. You can use the VWP if, for instance, you are transiting the U.S. on a journey between Australia and Europe, or are transiting Guam between Australia and Japan.

However if for example you are transiting the U.S. on the way to a 6 month stay in Canada, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa, or a transit visa.

and

I have entered the U.S. on the VWP but now find I need to stay longer than the 90 days. Can I transfer to another type of visa without leaving the U.S.?

No, you cannot transfer from the VWP to any other type of visa, and you cannot extend the VWP 90 day admission period. You must leave the U.S., Canada, Mexico and adjacent islands within the VWP 90 day admission period, and either apply for a visa relevant to your new situation, or re-enter on the VWP if your next stay will be less than 90 days and you still meet the other requirements. Re-entering on the VWP is however at the discretion of immigration officials at the port of entry, who can deny admission.


Thanks,
Mal
 
Hi.
I lived and worked in Canada on a Candian work permit 2 years ago. I crossed the border many times, twice included transit purposes when I was visiting home in England. One time I just handed my VWP slip to Candian immigration when I returned, and the other time I gave it to the airline staff before I boarded my flight to Toronto at Newark airport. On the back of the VWP slip it says:

Surrender this permit when you leave the US
- By sea or air, to the transportation line
- Across the Candian border, to a Canadian Official
- Across the Mexican border, to a US Official

So youre fine just handing it over as you leave the US or when you arrive back in Canada- either, or, it doesnt really make a difference. Just make sure you DO hand it over otherwise once the 90 days have expired you'll never be be able to use the VWP to enter the US again- holding onto it for even longer and you could face having a 3/10 year ban on entering the US.

Rachel
 
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