Work Permit - Vegreville vs. Port of Entry

[maverick888]

Hi Guys,

I have a question regarding getting a work permit at a port of entry (US-Canada).

In early July I have applied for an extension of my Post Graduation work permit. My application was rejected on September 5th because the LMO was still being processed (60 day time limit). However, I finally received the so expected LMO last week.

Now I understand I have 2 options to get a new work permit.

1. Apply for a restoration and a work permit via Aegreville. With the downside of long processing time (anybody knows how long does it take?) and the inability to work in the meantime.

2. Since I am Visa exempt in Canada and have a valid visa to the U.S, I understand there is an option of crossing the border to the U.S and re-enter Canada. I have all the required documents in hand (Offer letter, LMO , Passport).

Option number 2 seems very appealing to me because I understand the processing of the Work Permit is done on the spot. What I want to know if there is any risk associate with this option and if so how big?

Does anyone have any experience with that and can shed some light on the subject?

Cheers,
Maverick888

 

[computergeek]

In early July I have applied for an extension of my Post Graduation work permit. My application was rejected on September 5th because the LMO was still being processed (60 day time limit). However, I finally received the so expected LMO last week.

I assume this means you did NOT receive a departure order with the refusal?

1. Apply for a restoration and a work permit via Aegreville. With the downside of long processing time (anybody knows how long does it take?) and the inability to work in the meantime.

They post updated times every week on the CIC website: http://www.cic.gc.ca/english/information/times/temp.asp

Online application time is currently 54 days.

2. Since I am Visa exempt in Canada and have a valid visa to the U.S, I understand there is an option of crossing the border to the U.S and re-enter Canada. I have all the required documents in hand (Offer letter, LMO , Passport).

Option number 2 seems very appealing to me because I understand the processing of the Work Permit is done on the spot. What I want to know if there is any risk associate with this option and if so how big?

The risk is that they refuse your work permit and refuse to allow you to re-enter Canada. The likelihood of that is low - roughly the same as the likelihood your renewal would be rejected by Vegreville again, since CBSA uses the same criteria for reviewing your new application. Then add on top of that the fact that you're visa exempt and have been playing by the rules, so it seems rather unlikely they'd refuse you re-entry, but again, the chance is not zero.

So the question you should be prepared to answer is "what will I do if they refuse to allow me to re-enter Canada?" Not because it is likely, but because it is always a good idea to have a plan "just in case".

From what you've described, you sound like a good candidate for flag poling.

 

[maverick888]

Hi computergeek,

Thank you very much for your answer and help.

I did not receive a departure order. My refusal letter was quite general, but it was said that effective September 5th I am out of status and that I have 90 to apply for a restoration of status, which I have not done yet.

What's the difference between flag-pole and re-entering?
From what I was told while in flag-pole they can refuse to process the application for a work permit and ask me to apply in Vegerville, they can not do the same with re-entering however they can refuse to allow me back to Canada?
Is that correct? Is one better than the other?

Cheers,
Maverick888

 

[computergeek]

To re-enter you must first be admitted to the US. Flag poling is return to Canada without entry into the US. The difference isn't much, but the latter doesn't require the ability to enter the US.

 

[maverick888]

Hi Guys,

Anyone have any experience in doing the flag-pole or re-entering
Did you encounter in any special issues or was it fairly straight forward?

 

[mackie313]

I have flag polled in the past. It pretty straight forward. You dont even need a US Visa to flag pole. Since you are not entering US. In flagpole, you just return back from the us border office without entering to US. the point of flag pole is just you being at the port of entry on Canada side.

 

[maverick888]

Thanks for the answer. Did you do the flag-pole for a work-permit?

 

[mackie313]

I did it for the study permit..

 

[computergeek]

The only time I've heard someone have problems is for landing (permanent residency) where the Canadian side insisted he had to have a US stamp in his passport to show he had actually left Canada before returning to process the landing papers.

 

[PMM]

Hi

The only time I've heard someone have problems is for landing (permanent residency) where the Canadian side insisted he had to have a US stamp in his passport to show he had actually left Canada before returning to process the landing papers.

CBSA doesn't really need the stamp, all they need is the administrative rejection letter from the USINS at the Border.

 

[computergeek]

CBSA doesn't really need the stamp, all they need is the administrative rejection letter from the USINS at the Border.

Well in the case of which I am aware he was a US citizen which may be why he had to obtain the stamp (I'm not sure they'll administratively reject a US citizen).

I was also reviewing ENF 10 recently and my reading is that someone under a removal order has to actually enter the US to successfully terminate the removal order in that case (someone who had received a departure order following a failed request to switch to visitor status while her employer obtained a new LMO and foolishly stated she was going to be marrying a Canadian.) Thus, I concluded there is some qualitative difference between being rejected at the US border and being admitted at the US border but then turning around immediately.

 

[PMM]

hI

Well in the case of which I am aware he was a US citizen which may be why he had to obtain the stamp (I'm not sure they'll administratively reject a US citizen).

I was also reviewing ENF 10 recently and my reading is that someone under a removal order has to actually enter the US to successfully terminate the removal order in that case (someone who had received a departure order following a failed request to switch to visitor status while her employer obtained a new LMO and foolishly stated she was going to be marrying a Canadian.) Thus, I concluded there is some qualitative difference between being rejected at the US border and being admitted at the US border but then turning around immediately.

Removals and TWP are horses of 2 different colours. For removal you have to actually be accepted to country.