lewishart

Hi guys and girls,

My first post on here, I have a question that Ive tried to research to find the answer to but couldn't.

Im planning to go over to the states this summer, ideally to find permanent residency through employment, but thats proving rather hard even with a job you cant seem to get permanent residency, (unless you have a highly extremely skilled job thats lacking in the states)

I know you can get a company to sponsor you, but even ive been advised that most companies will choose a US citizen over UK as its simpler for visa issues etc, unless you provide something fantastic that US citizens dont, and music video editing sadly I dont think will fall under that category, maybe if i was a brain surgeon or professor.

My job is short film / music video / editing / shooting / etc, that I do freelance in the UK, so unless I can find permanent work that allows a visa, doubtfully, then my plan is go go over for 90 days as allowed, work shoot film etc, then back to the UK to edit it for 60 days then back for 90 and so on.

Onto my question:

Cananda's visa (or no visa rather policy as a UK citizen) allows you to stay for up to 6 month, could I go to the states, then once my 90 days is up, go up to canada to shoot video and so forth for the 2 months and edit then back down to the states? (cutting out the trip back to the UK)

Logistically is easier of course for flight costs etc back to the UK.

Thanks for anyones and everyones help.

Lewis

Guindalf

If you are planning to shoot professional video, where you edit it doesn't matter. It's work and you're not allowed to do that without a visa.

Without a proper visa, it is illegal to perform ANY kind of work. There is no visa that allows a period of 90 days, so your plan is flawed before even going any further.

Noorah101

You can't come to the USA as a tourist with the intent to work. Shooting film that you will later edit into a production is probably considered to be work.

Have a consultation with an immigration attorney to discuss your plan and your options.

Rene

sir_eccles

I'm not sure it is as clear cut as that. If he is being contracted to come to the US to shoot a specific film, probably would need some sort of work authorization. If he was coming here to shoot random film for practice for his own portfolio, I don't think that would be a problem. Bearing in mind you might need city permits to film in some places.

If the OP is asking if he would "get away with it", I don't know if anyone here would answer that.

Pulaski

Visiting Canada does not reset the clock for VWP purposes, so you may not be allowed back into the US from Canada. The same is true for trips to Mexico and the Caribbean. So, aside from the work-visa issues that others have advised you about above, your plan to stay 90 days in the US, then go to Canada before returning to the US is also a major flaw.

lewishart

I think your taking it quite seriously, I obviously dont mean a VISA for 90 days.

As a Brit under the VWP you can go for a maximum for 90 days stay in the USA, and you have to return for 60 days before you can go back for a further 90 days.

I know many friends that have done this for years on end, my best mate has for 15 years.

My question was regarding going to Canada.

Thanks.

lewishart

Thanks thats the answer i was looking for. Appreciate your help.

lewishart

It falls under if you earn money and financially benefit, e.g. work then thats not allowed, your allowed to gamble, or earn money in competition etc but direct work you aren't, thats what i read on the visa website.

The work ill be doing is for portfilio based work and wont be paid work.

My god father is a big actor over there, been in several films and he is trying to get me involved to get sponsored by his friend who runs a film company

Duncan Roberts

You should talk to a lawyer versed in that industry. What you are saying can be described as inaccurate and misinformed at best, flat out wrong and with potentially serious consequences at worst.

Noorah101

I'm not sure where you read or heard that after a 90 day VWP trip, you must be out for 60 days before you can make another trip. That's totally incorrect.

Of course, for best results, stay outside the USA longer than you were just inside, the longer in between visits the better. ... but there is no specific amount of time you MUST be outside before returning.

Rene

Pulaski

To be clear, the "potentially serious consequences" could include a life time ban from entering the US. At very least they could make getting a work visa difficult and expensive.

celticgrid

Actually, it isn't as simplistic as that.

As others have suggested, speak to a lawyer. You are clearly operating on incorrect information on a number of aspects.

ian-mstm

We've been doing this for a long time. We're well aware of the rules.


Bzzzt... wrong! There is no set time limit. If you return after 60 days, the CBP officer might let you in... but he might not. If, OTOH, you return after 180 days, the CBP officer might let you in... but he might not.


He's been lucky... and it's nothing more than that. IOW, he'll be able to do it... right up until the day the CBP officer stops him.


Umm... no, it doesn't.


Great - perhaps the friend's immigration attorney can sort out some of your mistaken concepts.

Ian

Steve_

It's not legal to do that, you're working, certain types of work-related things are allowed as a visitor for business but that's clearly not what you're doing. You would be engaged in a business that you've expanded into the US, which is not permitted as per Matter of Neill.

Nope, because you've got to have non-immigrant intent. The law on both sides of the border requires you to have a residence abroad that you have no intention of abandoning. You can't prove that if you keep going into Canada which is why leaving to Canada (or anywhere in N America) is not considered departing for the purpose of the VWP.

Additionally, Canada is instituting it's own version of ESTA called CeTA starting in April and also, CBSA and CBP have linked their entry systems so they can see exactly how long you've spent in the other country.

There is no way you can bullshit it.

Don't get hung up on this "number of days" thing, it's about having non-immigrant intent, if you don't have it, they won't let you in for one day. Your duration of stay is only one factor, although the VWP has a fixed 90-day limit.

Steve_

The State Dept. website provides vague summaries and often has mistakes, imx. If you're self-employed you're still working. You have in essence moved your business to the US as it consists of you alone.

Doesn't matter, the legal standard is work that ordinarily would be paid.

If that's the case then getting a formal denial of entry from CBP or CBSA would seem to be something you would want to avoid.