Temporary Work Visa at the port of Entry

[FerRu]

Hello Everyone,

I have a question about applying for a work visa at the Port of Entry. My situation is as follows. I applied for PR in February 2021 under the family class (Spouse PR, Inland). Since February, I have not heard anything from my OWP application which was submitted at the same time.

Currently, I have a job offer from a Quebec Company and I was wondering if I could apply at the POE for a temporary work visa.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/apply/poe.html

Since I applied for PR under the Spouse stream, I would assume that I am exempt from the LMIA (LMIA exemption code A70). Is this assumption correct?
Moreover, if I do not need an LMIA, I also do not need a CAQ from Quebec according to the link above.

Does someone went through a similar situation and can answer my questions?

Thanks in advance

Edit:
If this would work, I would do a flagpole at the CA-US border.

 

[scylla]

Hello Everyone,

I have a question about applying for a work visa at the Port of Entry. My situation is as follows. I applied for PR in February 2021 under the family class (Spouse PR, Inland). Since February, I have not heard anything from my OWP application which was submitted at the same time.

Currently, I have a job offer from a Quebec Company and I was wondering if I could apply at the POE for a temporary work visa.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/apply/poe.html

Since I applied for PR under the Spouse stream, I would assume that I am exempt from the LMIA (LMIA exemption code A70). Is this assumption correct?
Moreover, if I do not need an LMIA, I also do not need a CAQ from Quebec according to the link above.

Does someone went through a similar situation and can answer my questions?

Thanks in advance

Edit:
If this would work, I would do a flagpole at the CA-US border.

A few things...

- You can't flagpole for an OWP associated with a spousal sponsorship application. CBSA won't issue an OWP at the border associated with a spousal sponsorship application since this is tied to the acceptance and processing of your inland application.
- You would need to be LMIA exempt for reasons not connected with your spousal sponsorship application to qualify for an LMIA exempt work permit (in this case it would be a closed work permit tied to your employer and not an open work permit).
- Technically work permits are not being issued at the POE right now due to COVID. This is one of the services that has been shut down / closed. We have seen a handful of people still be successful, but also a lot refused and turned away.

 

[FerRu]

A few things...

- You can't flagpole for an OWP associated with a spousal sponsorship application. CBSA won't issue an OWP at the border associated with a spousal sponsorship application since this is tied to the acceptance and processing of your inland application.
- You would need to be LMIA exempt for reasons not connected with your spousal sponsorship application to qualify for an LMIA exempt work permit (in this case it would be a closed work permit tied to your employer and not an open work permit).
- Technically work permits are not being issued at the POE right now due to COVID. This is one of the services that has been shut down / closed. We have seen a handful of people still be successful, but also a lot refused and turned away.

thank you very much for this information.

I knew that it would have been a closed work permit tied to my employer. My main question was if I could get the LMIA exemption due to the PR Sponsorship.

 

[Naturgrl]

thank you very much for this information.

I knew that it would have been a closed work permit tied to my employer. My main question was if I could get the LMIA exemption due to the PR Sponsorship.

No there are no LMIA exemptions due to PR sponsorship.

 

[scylla]

thank you very much for this information.

I knew that it would have been a closed work permit tied to my employer. My main question was if I could get the LMIA exemption due to the PR Sponsorship.

Got it. The answer is no, not at the border.

The only way to qualify for the exemption through spousal sponsorship is through the OWP application that was submitted with your inland spousal sponsorship application. CBSA will not process the OWP at the border since it's tied to the status of your overall spousal sponsorship application package. Even pre-COVID, this wasn't possible.

 

[FerRu]

Got it. The answer is no, not at the border.

The only way to qualify for the exemption through spousal sponsorship is through the OWP application that was submitted with your inland spousal sponsorship application. CBSA will not process the OWP at the border since it's tied to the status of your overall spousal sponsorship application package. Even pre-COVID, this wasn't possible.

ok. I think there is a misunderstanding.

I do not want to get the OWP at the border. I am looking to get a temporary working visa tied to an employer while waiting for the OWP to be processed.

I was seeking advice about the LMIA exemption because I saw online that there is an LMIA exemption code A70 for PR Applicants inside Canada (Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html ).

 

[scylla]

ok. I think there is a misunderstanding.

I do not want to get the OWP at the border. I am looking to get a temporary working visa tied to an employer while waiting for the OWP to be processed.

I was seeking advice about the LMIA exemption because I saw online that there is an LMIA exemption code A70 for PR Applicants inside Canada (Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html ).

We understand what you are asking.

A70 can only be used as an exemption as it relates to the OWP you have submitted as part of your spousal sponsorship application. The A70 exemption cannot benefit you in any other way.

You cannot use A70 to secure an LMIA exempt closed work permit (either at the border or otherwise).

 

[FerRu]

ok. Thank you. It is clear to me now.