Work Permit at the Border. Expired previous work permit

[sunynag0615]

Hello Guys. I have a bad situation at the airport border yesterday when I fly in from US trying to get my new Work Permit for my New Contract.

My HR Told me that I can just come in with all the necessary documents( Passport, Canadian Visitor Visa, LMIA) and I can apply and get my work permit at the airport.

But I was told that because I was from a Country that needed temporary resident visa to come to Canada, I can not get the Work Permit there. However, I do have a Visitor Visa for Canada and it's a 8 year multiple entry one. It expires on 2022.

On the CIC website it says:

You can apply for a work permit when you enter Canada if you

• do not need a temporary resident visa;
• have all the required documents; and
• meet the requirements for the type of work permit you are applying for.

I meet all the requirements, and because I have a Visitor Visa that counts as the Temporary resident visa, so I fit the criteria of do not need a temporary resident visa.

So could anyone help me why I didn't get it at the airport? I am going to try the land border today.


Another question:
My previous work permit expired on June 11, and I left Canada to US in June 14. Original I thought after the work permit expired, I have some grace period to get a new One, and also because I am on a 8 year multiple entry Visitor Visa, if my stay haven't surpass 6 month. I should be OK.

But the Officer at the airport told me that is a big mistake and I have break the lay by overstaying. She gave a really hard time on it and say I assume a lot of things that I should be just happy that they are allowing me to work here.

So she did not give me the work permit at the airport, and told me to try the land border, but the overstay is illegal that they may reject.

I am wondering, on CIC page it says: You can apply to restore your work permit in the first 90 days after it expires.

And will my Visitor Visa help. So if the work permit expires, can I stay in as the Visitor status for just a couple more days? The total days did not exceed 60 days.

Thanks you guys so much!

 

[scylla]

You don't fit the criteria and can't obtain a work permit at the border. Don't bother trying. You were correctly refused at the airport. The first criteria is that you do not need a temporary resident visa. You don't meet that criteria since you're from a non-visa exempt country and require a TRV to come to Canada. The fact you already hold a valid TRV is irrelevant. To meet the criteria - you have to be from a visa-exempt country.

You have to apply for a new work permit either online or by submitting a mailed in application. I assume you're not still working since your work permit has expired. If you are still working, you need to stop immediately since you're working illegally and this could create big issues for your status in Canada and ability to obtain a new work permit.

 

[sunynag0615]

Hello scylla! Thank you for your prompt reply!

I had similar concerns when I first come to Canada to work last year. I asked my HR specifically do I need to apply work permit online. She told me it's fine. I can just get it at the border, my company has many foreign workers come and got the work permit at the border.

Last year I had the similar situation where they did not give me the work permit at the airport. I went to the land border the second day. The officer gave me a hard time asking why I didn't get it at the airport. But then eventually he did the work permit process for me and got me the work permit.

So I am utterly confused here. At airport they told me I can not do it, but I did get it at the land border. And my HR told me just go through the border and I don't have to do the online application. Many people from my company have got it at the border, I have colleagues from India got it at the border who certainly is not exempt temporary resident visa.

What is this situation exactly. Would you mind help explain a little bit. Thanks!!

 

[mosor]

The loophole in the IRPA is to apply at the US Canadian land border. If you are authorized entry into Canada and have a stamp in your passport, and you go to the USA, you don't need a visa to come back as long as you haven't left North America and the time on your stamp is still valid. The reason why this is in IRPA was people with only single entry visas wanted to visit the USA as well as Canada during their trip. So coming back from the USA you are visa exempt despite needing a visa to originally enter Canada.

However this makes you exempt from work visas too. You don't even need a US visa and actually enter the USA. the refusal letter from the US customs is good enough for CBSA to consider your application despite not having a work visa.

 

[peace365]

Hello scylla! Thank you for your prompt reply!

I had similar concerns when I first come to Canada to work last year. I asked my HR specifically do I need to apply work permit online. She told me it's fine. I can just get it at the border, my company has many foreign workers come and got the work permit at the border.

Last year I had the similar situation where they did not give me the work permit at the airport. I went to the land border the second day. The officer gave me a hard time asking why I didn't get it at the airport. But then eventually he did the work permit process for me and got me the work permit.

So I am utterly confused here. At airport they told me I can not do it, but I did get it at the land border. And my HR told me just go through the border and I don't have to do the online application. Many people from my company have got it at the border, I have colleagues from India got it at the border who certainly is not exempt temporary resident visa.

What is this situation exactly. Would you mind help explain a little bit. Thanks!!

Hello Sunynag0615,
I too am in the same situation. Any luck in getting your work permit at the land border? If yes, which border did you choose? I am eagerly waiting for your reply.

 

[mosor]

Hello Sunynag0615,
I too am in the same situation. Any luck in getting your work permit at the land border? If yes, which border did you choose? I am eagerly waiting for your reply.

Any land border can do it. The reason airports don't do them for citizens of countries that need a visa is that you would need a proper work visa in your passport to do it. Now if you get admitted as a visitor at the airport, and still have visitor status when you go to the USA and come back, you didn't need a visa for either work or visit. You can come back even if your visitor visa expired but still have visitor status (usually 6 months). Now since you don't need a visa coming from the USA while still having status in Canada you can apply for a work permit at the land border that the airport couldn't do.

 

[peace365]

Any land border can do it. The reason airports don't do them for citizens of countries that need a visa is that you would need a proper work visa in your passport to do it. Now if you get admitted as a visitor at the airport, and still have visitor status when you go to the USA and come back, you didn't need a visa for either work or visit. You can come back even if your visitor visa expired but still have visitor status (usually 6 months). Now since you don't need a visa coming from the USA while still having status in Canada you can apply for a work permit at the land border that the airport couldn't do.

Thanks Mosor.
I should have made it clear in my previous post. My bad.. Right now I am here in USA and I am from a non-visa exempt country. Since Sunynag0615 has mentioned that last year the work permit was issued at the border, I am also planning to apply for work permit at the border. So, waiting to hear from Sunynag0615.

 

[mosor]

Thanks Mosor.
I should have made it clear in my previous post. My bad.. Right now I am here in USA and I am from a non-visa exempt country. Since Sunynag0615 has mentioned that last year the work permit was issued at the border, I am also planning to apply for work permit at the border. So, waiting to hear from Sunynag0615.

You must have a visitor visa at least. If so then drive across the land border get the stamp in your passport then immediately flagpole.

 

[peace365]

You must have a visitor visa at least. If so then drive across the land border get the stamp in your passport then immediately flagpole.

Hi Mosor,
Yes, I do have a visitor visa.
One thing I didn't understand is, why to flagpole after crossing the border?

I am planning to apply for work permit right at the time of entering Canada. Will that be a problem?

 

[mosor]

You must have a visitor visa at least. If so then drive across the land border get the stamp in your passport then immediately flagpole.

Hi Mosor,
Yes, I do have a visitor visa.
One thing I didn't understand is, why to flagpole after crossing the border?

I am planning to apply for work permit right at the time of entering Canada. Will that be a problem?

Because technically you need to already have valid status to be work visa exempt when crossing land border. You can try right away though, if the border guard makes you flagpole then flagpole. It's no big deal. Just don't do it in the niagara region. They have a pilot project going on where they are not doing it 4 days a week and it's difficult to do it the other 3 days. Any other land crossing will do though.

 

[mosor]

You must have a visitor visa at least. If so then drive across the land border get the stamp in your passport then immediately flagpole.

Hi Mosor,
Yes, I do have a visitor visa.
One thing I didn't understand is, why to flagpole after crossing the border?

I am planning to apply for work permit right at the time of entering Canada. Will that be a problem?

Because technically you need to already have valid status to be work visa exempt when crossing land border. You can try right away though, if the border guard makes you flagpole then flagpole. It's no big deal. Just don't do it in the niagara region. They have a pilot project going on where they are not doing it 4 days a week and it's difficult to do it the other 3 days. Any other land crossing will do though.

 

[mosor]

You must have a visitor visa at least. If so then drive across the land border get the stamp in your passport then immediately flagpole.

Hi Mosor,
Yes, I do have a visitor visa.
One thing I didn't understand is, why to flagpole after crossing the border?

I am planning to apply for work permit right at the time of entering Canada. Will that be a problem?

Because technically you need to already have valid status to be work visa exempt when crossing land border. You can try right away though, if the border guard makes you flagpole then flagpole. It's no big deal. Just don't do it in the niagara region. They have a pilot project going on where they are not doing it 4 days a week and it's difficult to do it the other 3 days. Any other land crossing will do though.

 

[peace365]

Because technically you need to already have valid status to be work visa exempt when crossing land border. You can try right away though, if the border guard makes you flagpole then flagpole. It's no big deal. Just don't do it in the niagara region. They have a pilot project going on where they are not doing it 4 days a week and it's difficult to do it the other 3 days. Any other land crossing will do though.

That makes sense. Thanks Mosor!
Definitely it won't be at the Niagara border.
I am reading the posts in this forum about flagpoling but unable to find answer about medical checkup / exam. Should I have to get it done upfront?

 

[mosor]

Depends. If you are applying for a job in the medical field or primary or secondary school field or working with the elderly then you will need a medical.

You also need a medical if you lived on a country that needs a medical for 6 months or more in the past year and you are staying in Canada longer than 6 months.

Here is the list.

http://www.cic.gc.ca/english/information/medical/dcl.asp

 

[peace365]

Depends. If you are applying for a job in the medical field or primary or secondary school field or working with the elderly then you will need a medical.

You also need a medical if you lived on a country that needs a medical for 6 months or more in the past year and you are staying in Canada longer than 6 months.

Here is the list.

http://www.cic.gc.ca/english/information/medical/dcl.asp

Thanks Mosor. Yes, my job is related to health services. Will go for medicals upfront.