Problems at the port of entry - Work Permit Refused

[Greek26]

Hi all,

I need help regarding my friend's case. Please only seniors and experienced people respond.

I will try to explain everything in short.
My friend's work permit expired in March 2013. She applied for extension, when that got refused she applied for a Visitor Visa. Still hasn't received answer.
Her goal was to maintain legal status in Canada while she waits for either approved LMO or SINP nomination letter.

1 week ago she received approved LMO as Live-in Caregiver. She decided to risk and drive to the border and try to get new Work Permit.

She had all the documentation with her:
Approved LMO
Contract with employer
Resume
Reference Letters from past employers indicating she has more than 3 years experience in the field
Education Letters confirming she has necessary education
Police Certificates

SHE GOT REFUSED. Reasons were:

1. Officer did not believe her she applied for a Visitor Visa because there isn't information in his computer. (She applied 2 months ago, processing time is around 90 days, she had copy of application, copy of receipt as proof payment was made, copy of canada post receipt that the package was sent)

2. She did not have her Medical done.(She did not know she needs it because she is from visa exempt country - European Union and she lives in Canada for over 1.5 years)

3. Officer said that Live-in Caregiver Work Permits can not be issued at the port of entry. That she needs to apply in Vienna Embassy. (I personally know few people who got same work permits at the port of entry)

Anyways, she was not deported because she did not leave Canada. She went directly to Immigration Office. At the end Officer told her her to wait for the Visitor Visa results, if she gets refused that she must leave country immediately.

Now my question is, what is the best thing she could do.
My ideas are:

1. Go back to the country of origin, withdraw visitor visa application and apply to Vienna Office for a work permit
2. Complete her medical in Canada and make another trip to the border and risk being deported
3. Wait for a Visitor Visa application results and then eventually drive to the border if she gets it ,leave Canada and try to re-enter and again risk being deported

Any ideas or comments are much appreciated.
PLEASE only seniors.

 

[scylla]

Re: Problems at the port of entry - Working Permit Refused

There are several problems with this scenario and it's not at all surprising your friend was refused.

LCP work permits cannot be issued at the port of entry. If you know people who have successfully done this specifically with LCP permits - then the immigration officers who issued the work permits made a big mistake. Other types of work permits can be issued at the border. LCPs cannot - period.

All LCPs need medicals. This is one of the reasons why these work permits cannot be issued at the port of entry.

Even with a medical, she will not be issued a work permit at the border. She needs to apply from her home country. There is no other option available for LCPs.

Also, it sounds like she's currently out of status (assuming she applied for a visitor visa after her extension was refused). She should have applied to restore her status. Any possibility she did that? If not, then I think it's guaranteed the visitor visa will be refused. I would leave Canada now.

 

[Greek26]

Thank you for a quick and honest reply.

Hmmmm after the extension of work permit, she received letter that she has 90 days to restore her status. 1 week before those 90 days expired, she made application for a Visitor visa. That's what her immigration advisor told her to do.

I found some information that if she is currently in Canada, she can apply to Vegreville or even file an Online application(19 days processing time atm).
But it is all a long shot.

So your advice would be to leave Canada, withdraw Visitor visa application and apply for a work permit to Vienna?

 

[scylla]

Yes - she would have had 90 days to restore her status. If she followed the instructions provided to her by immigration exactly then she should be OK. Did she pay the $200 status restoration fee when she applied? (On top of the regular fee?)

 

[Greek26]

No she did not. She paid $75 application fee for Visitor Visa

I guess she is in trouble

 

[scylla]

Yeah - that's not good...

 

[Greek26]

It will be all up to Immigration Officer, how flexible and compassionate will he be.

It is hard to do everything the right way. 95% Immigration lawyers know less than me, and I don't know enough. And then mistakes like this happen.

 

[scylla]

It will be all up to Immigration Officer, how flexible and compassionate will he be.

Immigration officers are not permitted to be flexible on issues such as this. They have to follow the rules.

The only way the visitor visa will be approved is if the immigration officer makes a mistake.

 

[Greek26]

Do you know, can restoration fee be paid now and receipt sent as an addenda to the application?

If Visitor Visa gets refused, what can she expect from the Immigration?
some kind of deportation letter or similar?

Thank you one more time for your time and information.

 

[scylla]

She needed to apply for restoration of status within 90 days. Based on the dates you provided - it's too late. The restoration cannot be added to the application after the fact.

Assuming the visitor visa is refused, she will be told to leave Canada. If she doesn't after a set period of time (30 days?) this will automatically turn into a deportation order.

 

[Greek26]

Ok I will explain her everything you just told me and we'll go from there.

Thank you

 

[Greek26]

Ohh one more thing.

Should she expect ban from Canada for a year or two if she is refused?

 

[scylla]

No - she should certainly not be expecting a ban.

However once she's told to leave - she needs to do that.

 

[chief0422]

your friend can apply a workpermit but she has to submit it in Los angeles or New York not in Vegreville Alberta. She need to nclude in her application the restoration of status.

Ohh one more thing.

Should she expect ban from Canada for a year or two if she is refused?

 

[Greek26]

Ok that sounds encouraging.

But her local Embassy is Vienna because she is from Europe, and I found information online that application made from Canada are processed in Vegreville.

Could you please provide link with the information you just told me.
I really hope we will be able to come up with something.