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Applying work permit at the border

soliti

Newbie
Jan 24, 2012
5
0
Leon said:
This is a bit tricky because in order to get a work permit, you need to have a job offer from a Canadian employer. You can extend your visitor visa but it will not allow you to work in Canada and you can not live in Canada as a visitor long term. You could try for a student visa but you would have to study then. You can look at the CIC website for a way to get PR but most of them require a job offer.
Thanks for the advice... So in a nutshell I cannot get a temporary work visa unless I have a sponsor in Canada?
As that I am self employed / freelance and I provide services for multiple companies, a sponsor is not a possibility.

I have applied for a work permit for a year and was refused as I applied in Canada.

The advice I got from the CIC was go to the border apply for a temporary work visa as it has to be done from outside the country and come back through the border , this does not sounds right. The CIC did not mention that the only way to get the temporary work visa is through a sponsor only. If I apply for a temporary work permit outside the country without a sponsor will I get refused even though I have the funds and work to survive.

Your help and advice is very much appreciate
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Did they say you were refused because you applied in Canada?

If you look at http://www.cic.gc.ca/english/work/apply-who-eligible.asp you will see no mention of self-employed and a lot about employer, job offer and labour market opinion. A regular type work permit is tied to an employer and you can only work for that employer. There are also open work permits where you can work for anybody but those are only issued in special cases such as:

1) spouses of temporary foreign workers on a regular permit or spouses of international students
2) spouses being sponsored inland after first stage approval
3) live in caregivers who have done their 2 years and applied for PR
4) refugees after first stage approval
5) students after 6 months of studying at participating colleges
6) students after graduating
7) working holiday programs if your country has such an agreement with Canada
 

soliti

Newbie
Jan 24, 2012
5
0
Did they say you were refused because you applied in Canada?

If you look at you will see no mention of self-employed and a lot about employer, job offer and labour market opinion. A regular type work permit is tied to an employer and you can only work for that employer. There are also open work permits where you can work for anybody but those are only issued in special cases such as:

1) spouses of temporary foreign workers on a regular permit or spouses of international students
2) spouses being sponsored inland after first stage approval
3) live in caregivers who have done their 2 years and applied for PR
4) refugees after first stage approval
5) students after 6 months of studying at participating colleges
6) students after graduating
7) working holiday programs if your country has such an agreement with Canada
That is correct I was refused because I applied in Canada but the CIC would not give any other info but that.

Being that I am a US citizen and my job as a sound engineer for the music business allows me to tour without a work permit for a limited time. I decided to stay with the notion I could extend my visa and obtain a work permit. I did not think it would be this difficult as I am applying only for a 12 month work permit.

The working holiday programme if I am reading it right only applies to students/young people and people that have a sponsor..

Any more info would be great

Thanks for the help!
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
The working holiday program completely depends on your citizenship. The best of them allow you an open work permit in Canada for up to 2 years and you only need to be between 18 and 35 to qualify. Your country might not have a working holiday agreement with Canada or perhaps just an agreement for student exchange.

I believe that artists are allowed to tour in Canada without a work permit but as far as I know, that doesn't really enable you to set up shop. You could say you are touring with one band for one month and another for the next but in between you are supposed to go home. Of course you are allowed to stay as a visitor for up to 6 months after you have entered. You could briefly go visit home after 6 months and return with another band. Still, you would only have visitor status, you have to make sure you have insurance because you would not qualify for health care.
 
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rjessome

VIP Member
Feb 24, 2009
4,354
212
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soliti said:
Thanks for the advice... So in a nutshell I cannot get a temporary work visa unless I have a sponsor in Canada?
As that I am self employed / freelance and I provide services for multiple companies, a sponsor is not a possibility.

I have applied for a work permit for a year and was refused as I applied in Canada.

The advice I got from the CIC was go to the border apply for a temporary work visa as it has to be done from outside the country and come back through the border , this does not sounds right. The CIC did not mention that the only way to get the temporary work visa is through a sponsor only. If I apply for a temporary work permit outside the country without a sponsor will I get refused even though I have the funds and work to survive.

Your help and advice is very much appreciate
Was the advice they gave you more like, "If you wish to re-apply, you must do so at an embassy or consulate outside of Canada."? That doesn't mean that you CAN without the proper authorization like an LMO. But you just can't do it to be a freelancer. Leon is right about entering to work while touring with a show. It's short term only. If you enter as just a visitor, you can't work in Canada.
 

soliti

Newbie
Jan 24, 2012
5
0
rjessome said:
Was the advice they gave you more like, "If you wish to re-apply, you must do so at an embassy or consulate outside of Canada."? That doesn't mean that you CAN without the proper authorization like an LMO. But you just can't do it to be a freelancer. Leon is right about entering to work while touring with a show. It's short term only. If you enter as just a visitor, you can't work in Canada.
Thanks all for the advice....... So things have changed, I have been offerd a job and they are willing to sponser. How does this change things in obtaining a work permit?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Once you have the LMO you can apply at the border and get your WP but you can only work for the employer specified on your WP.

soliti said:
Thanks all for the advice....... So things have changed, I have been offerd a job and they are willing to sponser. How does this change things in obtaining a work permit?
 

Trishiadelrey

Member
Jul 5, 2017
14
0
Do you have idea if we can apply owp at canadian us border through my common law partner.
I used to work here in vancouver for more than 2 years as LMIA . Unfortuantely my PR and LMIA (2nd ) got denied. I am now back in UK for 6 weeks and coming back to canada to apply for OWP through common law, Would that be possible?
Thanks
 

scylla

VIP Member
Jun 8, 2010
92,831
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Do you have idea if we can apply owp at canadian us border through my common law partner.
I used to work here in vancouver for more than 2 years as LMIA . Unfortuantely my PR and LMIA (2nd ) got denied. I am now back in UK for 6 weeks and coming back to canada to apply for OWP through common law, Would that be possible?
Thanks
What is your common law partner's status in Canada?
 

scylla

VIP Member
Jun 8, 2010
92,831
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
permanent resident
Then no - you cannot apply at the border. You need to first come to Canada as a visitor. Next your spouse needs to sponsor you for PR using the inland route and include an OWP application with the sponsorship package. The OWP will be approved 2-4 months after your complete application package is received.
 
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Trishiadelrey

Member
Jul 5, 2017
14
0
Then no - you cannot apply at the border. You need to first come to Canada as a visitor. Next your spouse needs to sponsor you for PR using the inland route and include an OWP application with the sponsorship package. The OWP will be approved 2-4 months after your complete application package is received.
is that right? some other people told me
its possible since I am a from UK which a visa exempt and as long as me and my partner can prove it.
 

scylla

VIP Member
Jun 8, 2010
92,831
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
is that right? some other people told me
its possible since I am a from UK which a visa exempt and as long as me and my partner can prove it.
Yes - 100% sure.

You would only qualify for an OWP at the border if your spouse was a foreign worker or international student in Canada.

You're confusing rules.
 

savik

Full Member
Jan 29, 2018
31
11
Yes - 100% sure.

You would only qualify for an OWP at the border if your spouse was a foreign worker or international student in Canada.

You're confusing rules.
Hi Scylla
I'm looking for help with SOWP. my husband is an international student. We moved to Canada recently. I'm on visitor visa. We are not from visa exempt country. Do you have any information if we can flagpole for my SOWP at the border? I'd appreciate any help/advice regarding this.