Are PRs eligible to apply for Work Permits? (Need to travel while in violation of PR RO)

[Mike B]

Hello All,

I'm a PR abroad (outside Canada) whose PR Card has expired and who doesn't satisfy the RO. As I understand it, the only way for me to travel back to Canada is via the land border with the US (as I won't get a PRTD or an eTA, and I won't need those at the land border).

Here is my first question:

(1) If I try to enter via the US land border, is the following what will likely happen:

a. At the POE, I will be reported under Section 44 for breaching the RO
b. At the POE, I will be issued a departure order
c. I will nevertheless be allowed entry into Canada
d. Once in Canada, I can appeal the departure order within 30 days
e. Once I have appealed, I can apply for a one-year PR Card

Once I have the one-year PR card I will be able to fly into Canada again. But getting the card takes time and I have to travel a lot for my job.

So, is there anything I can do to be allowed to travel while waiting for my one-year PR Card, other than getting into the country through the US land border every time?

I was thinking of the following:

I apply for a work permit. Once I have the work permit, I renounce my PR (or withdraw the appeal, depending on timing).

So, here's my second question:

(2) Is a PR eligible to apply for a work permit?

It's important that the work permit would arrive before I give up my PR-status, as I need to be continuously employed in Canada over the year.

--Many thanks for your help in advance!!

 

[canuck78]

You can't apply for a work permit as a PR. It would also be up to your employer whether they would want to pay for an LMIA (if you are not in an LMIA exempt position). Most employer will not want to go through the expensive of hiring someone without the ability to work in Canada. Your work during the appeal proves can't be used for the basis of a new application.

1. As a PR you will be let into Canada even if you get reported.

 

[scylla]

Hello All,

I'm a PR abroad (outside Canada) whose PR Card has expired and who doesn't satisfy the RO. As I understand it, the only way for me to travel back to Canada is via the land border with the US (as I won't get a PRTD or an eTA, and I won't need those at the land border).

Here is my first question:

(1) If I try to enter via the US land border, is the following what will likely happen:

a. At the POE, I will be reported under Section 44 for breaching the RO
b. At the POE, I will be issued a departure order
c. I will nevertheless be allowed entry into Canada
d. Once in Canada, I can appeal the departure order within 30 days
e. Once I have appealed, I can apply for a one-year PR Card

Once I have the one-year PR card I will be able to fly into Canada again. But getting the card takes time and I have to travel a lot for my job.

So, is there anything I can do to be allowed to travel while waiting for my one-year PR Card, other than getting into the country through the US land border every time?

I was thinking of the following:

I apply for a work permit. Once I have the work permit, I renounce my PR (or withdraw the appeal, depending on timing).

So, here's my second question:

(2) Is a PR eligible to apply for a work permit?

It's important that the work permit would arrive before I give up my PR-status, as I need to be continuously employed in Canada over the year.

--Many thanks for your help in advance!!

You cannot apply for a work permit before renouncing your PR status. You do not qualify for a work permit if you are still a PR. You would have to renounce your PR status first and then apply for a work permit.