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Out of status, LMIA Dual Intent, flagpole to restore status - success story

yyzstudent

Champion Member
Nov 6, 2015
1,334
702
I just thought I should let you know that it can be done.
I was about to link my rejection letter to my gckey account and apply for restoration of status, fully prepared to wait the 100 days of processing, when I decided to call IRCC first and ask them if it's possible to do this on a flag poling. They said yes, emailed me instructions on what documents to take, and also said to make sure I downloaded the restoration paperwork, filled them out, brought everything I could think of with me and also pay the fees on line and bring the receipt. They did warn me and said that I could be sent back home and told to apply online. But and online application is no guarantee that it will be approved anyway. I saw this as ripping off the band aid. It can be slow and painful, quick and painless, or quick and painful.

So I did all of that. Called my insurance company to make sure I had US coverage on my car, even though I'm only going to be minutes on the US side, double tripple, four times, ten times, checked my paperwork. Two folders, one with originals, one with copies. Didn't sleep, and took off in the morning to the border. Stopped at the last exit for a coffee and check the paperwork again, and then it was off to the border. Cross the bridge, flagpole and back again. Do my customs declaration, park, and go inside. And that's when it started getting weird.

First I was told they didn't accept more flagpolers because they had so many at 8 am. They might open it up in a few hours but also said I couldn't wait there. Oh boy! But, then as I was out of status, I needed to be interviewed anyway so was told to go sit down and wait for an officer to call me up.I thanked the officer and went for a seat. And I waited. Then got called up, asked questions, they tried to trick me out. Sent back to sit down. I said thank you, and sat down. Got called up again. sent back to sit. I kept saying thank you all the time, uber polite. Called back up again, and now I started to pull out all the paperwork I had brought along, and pretty much forced the officer to look at it, and was told to go sit again. Then asked to come up and they asked about my receipt, what it was for. I explained it. They said that if they were to issue a work permit on site I would have to pay again. I told them that wasn't an issue. Got sent back to sit and wait again. Then get called in to a room this time, with a second officer. I started to panic, but it was only biometrics. Did that and was told to go pay. Paid up, the cashier stapled the receipt on a piece of paper and told me to go sit and wait again. I just stuck the piece of paper in my bag, wished him a great day and went back to my seat, and waited. After about 10 minutes I pulled up the receipt and looked at it. They had charged me for the work permit and the biometrics. I finally started to relax.

The new work permit got stapled in to my passport. New entry stamp. She wanted to keep my old expired work permit (I had ALL of them with me) but I asked if I could keep it because I want to frame them and put them on a wall. She thought that was funny and handed it back to me.
And off back home I went.

My LMIA is dual intent and approved for 2 years. My work permit is closed and valid for 2 years. I am just about to add the LMIA in to my GC key. I need to figure out how to get my biometrics in to the system and my new work permit, and request a refund from the IRCC payment portal for the fees I paid on line.
So, it is doable. But, I do suggest you call IRCC first and also, pick a border crossing that isn't busy, be polite. Say thank you. Smile. And be prepared to be able to answer questions so know your paper work inside out.

Good luck you all.
 

bosco2814

Full Member
Jan 5, 2020
31
5
Thank you for your sharing.
There is a lot of misinformation in the forum, many people said it is not allowed todo flagpole when someone is out of status.

I lost my status due to the LMIA processing time took longer than normal. Once I have received the positive LMIA, I have applied through online right away.
However, it still has to take 90 days to process. Therefore, after reading your story, I decided to do flagpole with my wife last weekend. In order to avoid any problems, I found a lawyer to check all our documents before going to the border.

The whole process took us around 6hrs because there were around 10 people waiting at the office. The officer asked some questions for judging us that did we do any illegal behaviour and break any rules. I fully understood our situation, so I could explain and answer all his questions. Around an hour, both of my wife and I get a new work permit successfully.

I really appreciate you share your story, it helps us a lot! Thank you.
 
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Reactions: misledhelix

nikhilch

Member
Jul 26, 2020
16
0
After a lot of research, I found a useful post for my situation.

I completed my master's program full-time on 28th April 2023 (Friday).
My study permit and TRV expired on 30th April (Sunday)
I received my course completion letter and official transcripts from my university on 1st May 2023 (Monday)
I applied for PGWP on 3rd May 2023 (Wednesday). I included the restoration of the student status payment receipt in the file and explained the above timeline.

In this case, I am not supposed to work until my PGWP gets approved. Processing time for PGWP is almost 5-6 months. I am a student with huge education loan and responsibilities. So I am looking for alternative ways to get PGWP and I found one option, which is flag polling.

Do you suggest me to do a flagpole in my situation? or
what shall I do in this situation?
Is it valid/good to go there?
What documents shall I carry with me?
 
Last edited:

nikhilch

Member
Jul 26, 2020
16
0
Thank you for your sharing.
There is a lot of misinformation in the forum, many people said it is not allowed todo flagpole when someone is out of status.

I lost my status due to the LMIA processing time took longer than normal. Once I have received the positive LMIA, I have applied through online right away.
However, it still has to take 90 days to process. Therefore, after reading your story, I decided to do flagpole with my wife last weekend. In order to avoid any problems, I found a lawyer to check all our documents before going to the border.

The whole process took us around 6hrs because there were around 10 people waiting at the office. The officer asked some questions for judging us that did we do any illegal behaviour and break any rules. I fully understood our situation, so I could explain and answer all his questions. Around an hour, both of my wife and I get a new work permit successfully.

I really appreciate you share your story, it helps us a lot! Thank you.
After a lot of research, I found a useful post for my situation.

I completed my master's program full-time on 28th April 2023 (Friday).
My study permit and TRV expired on 30th April (Sunday)
I received my course completion letter and official transcripts from my university on 1st May 2023 (Monday)
I applied for PGWP on 3rd May 2023 (Wednesday). I included the restoration of the student status payment receipt in the file and explained the above timeline.

In this case, I am not supposed to work until my PGWP gets approved. Processing time for PGWP is almost 5-6 months. I am a student with huge education loan and responsibilities. So I am looking for alternative ways to get PGWP and I found one option, which is flag polling.

Do you suggest me to do a flagpole in my situation? If Yes, Which location you did?
what shall I do in this situation?
Is it valid/good to go there?
What documents shall I carry with me?