120-day exemption: work permit application continues to be processed?

[Gage_Blackwood]

I applied from within Germany (German) for a work permit +TRV (LMIA-exempt): postdoctoral position.

My application has not been getting any updates since 9 weeks (after biometrics).

I need to start working urgently, or the project will have to be stopped and eventually canceled because I am co-lead on the project.

It's a huge financial loss for the university because the funding will be withdrawn. Part of the project is developmental aid and environmental protection, so it's a huge loss for the two countries involved, too.



Can I enter and start working using the 120-day exemption and wait until my work permit is being finalized in the background and then do flagpoling? Or will entering Canada and getting a work permit exemption stop the processing of the previously submitted work permit application?

Can I enter Canada using the 120-day exemption and re-apply for a work permit a couple of days after entering the country?

 

[Naturgrl]

I applied from within Germany (German) for a work permit +TRV (LMIA-exempt): postdoctoral position.

My application has not been getting any updates since 9 weeks (after biometrics).

I need to start working urgently, or the project will have to be stopped and eventually canceled because I am co-lead on the project.

It's a huge financial loss for the university because the funding will be withdrawn. Part of the project is developmental aid and environmental protection, so it's a huge loss for the two countries involved, too.



Can I enter and start working using the 120-day exemption and wait until my work permit is being finalized in the background and then do flagpoling? Or will entering Canada and getting a work permit exemption stop the processing of the previously submitted work permit application?

Can I enter Canada using the 120-day exemption and re-apply for a work permit a couple of days after entering the country?

Do you have an ETA to enter Canada? You said you applied for TRV so assume you are not german citizen.

 

[scylla]

I applied from within Germany (German) for a work permit +TRV (LMIA-exempt): postdoctoral position.

My application has not been getting any updates since 9 weeks (after biometrics).

I need to start working urgently, or the project will have to be stopped and eventually canceled because I am co-lead on the project.

It's a huge financial loss for the university because the funding will be withdrawn. Part of the project is developmental aid and environmental protection, so it's a huge loss for the two countries involved, too.



Can I enter and start working using the 120-day exemption and wait until my work permit is being finalized in the background and then do flagpoling? Or will entering Canada and getting a work permit exemption stop the processing of the previously submitted work permit application?

Can I enter Canada using the 120-day exemption and re-apply for a work permit a couple of days after entering the country?

I don't think this is at all feasible. We've seen people run into issues trying this because they are effectively misrepresentation their situation. The 120 day exemption is meant to be used as such, not as a way of starting to work early when a work permit is in progress. IMO it is dangerous to try this. I would only do this if the school can show you several examples where people who work for them have done this successfully. Otherwise you're taking on a lot of personal risk here of things going sideways with immigration.

Are you a German national? If so, why do you need a TRV and is there a reason you can't travel here in an eTA and then apply for the work permit at the POE?

 

[Gage_Blackwood]

The TRV will come automatically with my work permit, because it is valid for 2 years, and the eTA is just valid for 180 days. But yes, I can also get an eTA, no problemo.

A postdoctoral work application is in the "Global Skills Strategy" pipeline. I read somewhere that GSS candidates are not egliable to apply for a work permit at the border. (?)

The processing time is supposed to be 2-4 weeks according to https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html
So the solution is just wait and if nothing happens within the next 2 weeks to forget about it and start a career somewhere else?

 

[Naturgrl]

The TRV will come automatically with my work permit, because it is valid for 2 years, and the eTA is just valid for 180 days. Bue yes I can also get an eTA, no problemo.

If you are a german citizen, you don’t need a TRV. Enter on ETA and apply for work permit at POE.

 

[scylla]

The TRV will come automatically with my work permit, because it is valid for 2 years, and the eTA is just valid for 180 days. Bue yes I can also get an eTA, no problemo.

That's your solution. Get an eTA, fly to Canada, apply for the work permit at the port of entry. Problem solved.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/apply/poe.html

 

[scylla]

The TRV will come automatically with my work permit, because it is valid for 2 years, and the eTA is just valid for 180 days. But yes, I can also get an eTA, no problemo.

Just to correct something you've said here... You are misunderstanding how TRVs and eTAs work. eTAs are generally valid for 5 years. TRVs can be valid anywhere from 1 year to 10 years. The validity of each of these has nothing to do with how long you are allowed to stay in Canada. That is determined at the border by CBSA. For both, the default length of an allowed stay for tourists / visitors is 180 day (i.e. both TRV and eTA). However a shorter stay is also possible if CBSA decides to do this.

However the above doesn't apply to you if you are coming on a work permit. The TRV is not what allows you to remain in Canada beyond 180 days. The work permit is what allows you to do this. Technically the TRV only allows you to stay the 180 days. The work permit basically overrides this and allows you to stay longer (for the work permit duration).

 

[Gage_Blackwood]

Wait... so you are saying that if I have a LMIA-exempt job offer and am a citizen of a country which just needs an eTA the whole work permit online application process is actually not required to get a work permit?

 

[Naturgrl]

Wait... so you are saying that if I have a LMIA-exempt job offer and am a citizen of a country which just needs an eTA the whole work permit online application process is actually not required to get a work permit?

Yes. You enter on your ETA and show your LMIA-exempt job offer at POE. If you have ETA you could have entered 9 weeks ago. What is your citizenship?

 

[Gage_Blackwood]

Yes. You enter on your ETA and show your LMIA-exempt job offer at POE. If you have ETA you could have entered 9 weeks ago. What is your citizenship?

German

 

[scylla]

German

You can apply for the work permit at the POE. See the link I gave you earlier in this thread. Read through that.

 

[Gage_Blackwood]

at the official website it says:
Application to work in Canada — work permits including open work permits
[...] Most applicants must apply online
Due to COVID-19, most applicants must apply online for their work permit.



https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/apply-work-permit-outside-canada.html

That's why I didn't even consider the PoE.
I guess what they meant to say is: Most applicants can not apply via a visa center

Thanks for the information!
Why didn't my employer tell me

 

[scylla]

at the official website it says:
Application to work in Canada — work permits including open work permits
[...] Most applicants must apply online
Due to COVID-19, most applicants must apply online for their work permit.



https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/apply-work-permit-outside-canada.html

That's why I didn't even consider the PoE.
I guess what they meant to say is: Most applicants can not apply via a visa center

Thanks for the information!
Why didn't my employer tell me

Employers aren't immigration experts. They may not have known. Always do your own research.

 

[Gage_Blackwood]

My future employer does not want me to get a work permit via the port-of-entry method because he thinks it's too risky and fears that I will be rejected.
Is there any information about the success rate of POE work permits for European citizens? It says everywhere that the decision is in the hands of the border agent and may be influenced by subjective impressions.
If I do not get a work permit at the POE (for whatever reasons) will that further delay the online application I made from outside of Canada?

 

[scylla]

My future employer does not want me to get a work permit via the port-of-entry method because he thinks it's too risky and fears that I will be rejected.
Is there any information about the success rate of POE work permits for European citizens? It says everywhere that the decision is in the hands of the border agent and may be influenced by subjective impressions.
If I do not get a work permit at the POE (for whatever reasons) will that further delay the online application I made from outside of Canada?

There are no success metrics available.

It your employer is uncomfortable with this approach, then I guess you have no option but to wait.