chrisjames

Hey guys, hope you can help, I've asked this question to a number of sources and getting different answers... I'm confused,

I'm travelling to New York on December 20th, staying for 12 days and then leaving for Toronto on the 2nd January, where I MAY stay for up to a year, as I have the Canadian Working Holiday Visa. I'm a British citizen, and will be flying from London.

My question is that I have been told different things about whether I am eligible to travel under the Visa Waiver Program as far as the US are concerned, officially I have been told no, as my total stay in "North America" will exceed 90 days, however from most travellers and forums I've spoken with i've got the general picture that as long as I leave the US with the 90 days and hand my green form in at the border when crossing into Canada, that's fine, and even if they ask questions at the US Immigration point, the Canadian Work visa is prove I will leave the US.

To confuse me even more, one friend told me I must have the B-2 (tourist) visa, or even a transit visa, the visa waiver WOULDN'T be suitable as I staying longer than 90 days, so tonight, I called the US embassy in London to schedule an appointment, to be told by a visa official that I COULD travel under the visa waiver as the work permit entitled me to stay longer than 90 days because I would become a resident of Canada once I entered there!! So as you tell i'm totally confused.

Also, if it helps, my return flight at the moment is booked to return Febuary 1st (so even if I travel under the visa waiver I could claim that i'm going to stay less than 90 days, then just change the date of my ticket afterwards if I wanted), but I genuinely don't want to travel under the wrong type of visa. So if I need one, fine, but there's no point me getting one if it isn't needed!

Can anyone please help with their own information and/or experiences??

Many thanks!

Duncan Roberts

I think you are making a mountain out of a molehill. If you enter Canada on a visa the terms of that visa apply. If you entered Canada without a visa (not on the VWP as they don't participate) and then tried to come back to the US then that would be a different story and you might get tripped up.

n1cholas

You can use the VWP to go to US for 12 days. Make sure you give the Canadian border officer your permit when you enter Canada.

If you want to go back to the US once you are on Canadain BUNAC you just apply for another 90 day entry permit.

Noorah101

Don't forget to fill out the ESTA form online before traveling on the VWP.

Rene

crg

I agree with nicholas. People on work permits in Canada, and even those studying English as visitors make repeated VWP visits to the US. They have the discretion to grant a new 90 day period of admission even if stay in North America.

ian-mstm

Whoever told you this is an idiot.


Yes, this part is true.


The Canadian work visa proves only that you have a Canadian work visa... it doesn't prove anything with regards to whether or not you'll remain in the US.


It's time for you to get a new friend. This one is an idiot.

Ian

Rete

I'm confused. When did Canada adopt the US VWP? Brits can go to Canada to visit for far more than 90 days. Believe it is 6 months. The VWP pertains to the US not to all of North America.

md95065

If you read the thread carefully I think that you will find that the OP is well aware of this.

They appear to have been confused by some bad "advice" about whether, after entering the US under the VWP it was sufficient to travel onwards to Canada (with no immediate intention of returning to the US) in order to meet the requirement that they depart from the US within 90 days.

Some confusion in this area is understandable since someone who was simply visiting the US under the VWP would not normally be able to "reset the clock" and gain admission to the US for a further 90 days by simply making a short trip to Canada. This, however, is not what the OP intends to do.

crg

I thought the OP had mentioned this in an earlier thread that he may also want to take additional trips back to the US while working in Canada.

JAJ

Entering the US on the VWP should not be a problem if the OP has a return ticket to somewhere outside North America.

It's where someone tries to fly into the US on the VWP without a return/onward ticket that problems are encountered. A ticket terminating in Canada is only acceptable if one is a "legal resident" of Canada.

crg

I wonder what they consider to be a legal resident. Is it only landed immigrants or would other people with status qualify?

Rete

I got all that from the beginning. Thank you for pointing it out yet again.

If he goes to Canada and remains in Canada pass the 90 days on the I-94 expiration date originally given him, I don't think he would have a problem getting a new I-94 to return to vacation in the US. Or he can still use the remaining time on the I-94 if it had not expired and he can prove residency in Canada.

JAJ

Legal resident. Those on work and study permits don't have a problem with this, at least I have never heard of any problems and such travel occurs all the time. Same issue applies to Mexico and "adjacent islands" and not all of these have the concept of "landed immigrant" in their laws.

Where it does become a gray area is where someone wishes to travel through the United States on the VWP to commence residence in one of these areas.

Iforgotmyusername

Can't see a problem with that. Remember to surrender the portion of your VWP at the Canadian border.