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Author Topic: Here as visitor, now have LMO, can i go to border to get work permit.  (Read 597 times)
wakk
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Posts: 3
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« on: September 28, 2011, 01:43:51 pm »

Hi,
hoping someone can help me,
I worked for a year in Canada through the IEC, I then changed my status to a Visitor when my visa ended and stopped working.  my employer applied for an LMO in order to employ me again and this has just been successful so I now have a positive LMO.  Looking on the CIC website the processing times for a work visa are 81 days during which time i wouldn;t be able to work, can i travel to the US border and apply there to get a work permit?  what are my chances of this being successful/what would happen if i wasn't??

Help please
Thanks
Wallace
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PMM
VIP Member
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Posts: 13867
Ratings: +511

« Reply #1 on: September 28, 2011, 08:43:16 pm »

Hi

Hi,
hoping someone can help me,
I worked for a year in Canada through the IEC, I then changed my status to a Visitor when my visa ended and stopped working.  my employer applied for an LMO in order to employ me again and this has just been successful so I now have a positive LMO.  Looking on the CIC website the processing times for a work visa are 81 days during which time i wouldn;t be able to work, can i travel to the US border and apply there to get a work permit?  what are my chances of this being successful/what would happen if i wasn't??

Help please
Thanks
Wallace

You don't have a choice.  You are presently a visitor.  Visitor's can't apply to Vegreville for work permits.  So you have to apply at Port of Entry.
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PMM
kiwicat
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« Reply #2 on: September 29, 2011, 12:18:43 pm »

You can apply at the border for a work permit. I spoke to a lawyer about this and he said it was very unlikely that someone would get rejected at the border. However, the above poster is wrong: you can apply inland to adjust your status, even if you are a visitor. From CIC's website(for some reason I'm not allowed to post links, sorry):

This application is for temporary residents who are already in Canada and wish to:

extend their stay;
change the conditions of their stay;
change their type of temporary status; or
correct problems with their status.
It is important to apply for the renewal before the expiry of your current status.

New: You now have two options available when submitting an application to change conditions or extend your stay in Canada as a worker:

Option 1

Submit your application electronically

or
Option 2

Download and read your instruction guide and your application forms
Complete, sign and date your application forms
Pay the fees
Mail your completed application to the Case Processing Centre in Vegreville, Alberta

Visitors are considered temporary residents.
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PMM
VIP Member
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Posts: 13867
Ratings: +511

« Reply #3 on: September 29, 2011, 02:00:22 pm »

Hi

You can apply at the border for a work permit. I spoke to a lawyer about this and he said it was very unlikely that someone would get rejected at the border. However, the above poster is wrong: you can apply inland to adjust your status, even if you are a visitor. From CIC's website(for some reason I'm not allowed to post links, sorry):

This application is for temporary residents who are already in Canada and wish to:

extend their stay;
change the conditions of their stay;
change their type of temporary status; or
correct problems with their status.
It is important to apply for the renewal before the expiry of your current status.

New: You now have two options available when submitting an application to change conditions or extend your stay in Canada as a worker:

Option 1

Submit your application electronically

or
Option 2

Download and read your instruction guide and your application forms
Complete, sign and date your application forms
Pay the fees
Mail your completed application to the Case Processing Centre in Vegreville, Alberta

Visitors are considered temporary residents.

You are wrong.  Visitors in Canada can't change their status to worker via Vegreville. Suggest you do some reading at www.cic.gc.ca  http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside

Eligibility to apply from inside Canada

You can only apply for a work permit from inside Canada if:

    you have a valid study or work permit, or your spouse or parents have a study or work permit
    you have a work permit for one job but want to apply for a work permit for a different job
    you have a temporary resident permit that is valid for six months or more or
    you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.
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PMM
wakk
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Posts: 3
Ratings: +0

« Reply #4 on: September 29, 2011, 03:24:28 pm »

Awesome, thanks for the replies, that was as i had read it as well, not eligble to apply from within canada so need to go to border...

Do i actually have to drive across into the states? (flagpoling??), would it be easier to go to a quieter border crossing?  I'll be driving from whistler to go and do this, any advice?

I have the added problem that i have applied to change my status to a visitor but this is still being processed, so I am here under implied status, I assume i can take my reciept showing that this is still going on and my old work permit and should be ok? 

I have a job offer letter, a copy of the LMO, is there anything that will make it easier?

Thank you so much for your help..
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job_seeker
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Posts: 4101
Ratings: +64

« Reply #5 on: September 30, 2011, 12:01:40 am »

Basically, what you listed are the docs you need to present- your old WP, receipt for payment of application for change of status, LMO/job offer, your passport. In essence, you are exiting (complied with the temporary nature of your stay) and re entering again as a worker. You need to show your receipt so you can't be accused of overstaying.

Awesome, thanks for the replies, that was as i had read it as well, not eligble to apply from within canada so need to go to border...

Do i actually have to drive across into the states? (flagpoling??), would it be easier to go to a quieter border crossing?  I'll be driving from whistler to go and do this, any advice?

I have the added problem that i have applied to change my status to a visitor but this is still being processed, so I am here under implied status, I assume i can take my reciept showing that this is still going on and my old work permit and should be ok? 

I have a job offer letter, a copy of the LMO, is there anything that will make it easier?

Thank you so much for your help..
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