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Can I go to border to get work permit while I'm in 90 days grace period?

tyas

Member
Oct 23, 2014
11
1
As on the subject, I want to know if it possible go to border to get new work permit during 90 days grace period?
We (me, my wife and kids) are from visa exempt country, have positive LMIA, job offer.
I need to get work permit ASAP because my employer get impatient...
I'm trying to call CIC but I can't reach the agent!

Please please somebody give me an advice...
 

spyro02

Full Member
Nov 12, 2013
23
2
Category........
Visa Office......
CPC-M
NOC Code......
0013
Job Offer........
Pre-Assessed..
App. Filed.......
06-11-2014
AOR Received.
19-12-2014
The CBSA only facilitates work permit applications concurrent with processing your entry into Canada. You cannot just go to the border and ask for a permit. If you want to reinstate your legal status you have to apply online or on paper and ask for reinstatement.
You can also leave Canada and re-enter at the US-Canada border. This has to be done as a new entry. You are required to go on the US side and make an application there. Only after you made an application to the US border officials, you are considered to be "outside Canada". If there is a turning point and you really don't want to torture yourself with US officials, turn around and tell them you are coming from the US and if they want you to prove it, point out that you don't need proof because you have a duty under the IRPA to report on entry. You basically voluntarily and intentionally surrender yourself to CBSA jurisdiction, which forces them to process you.
So basically, when you go to the border and make a work permit application on entry, your 90-day grace period is GONE, you are not eligible for reinstatement. If the issue comes up if/why you overstayed (which is a contravention of the IRPA if you don't get reinstated which you can't because you left Canada), you tell them you were waiting for LMIA.
If your paperwork is in order, they should be able to issue your new work permit and re-admit you.