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Need Help! Tricky Situation

Mike Douglas

Newbie
Mar 3, 2020
7
0
Hello all
I am a citizen of India and I have a valid visitor visa which was issued to me initially in 2013 and I re-applied the same in 2022 with a successful outcome. During all these years I had no issues entering and leaving Canada.
I applied for permanent residence under the express entry stream through an LMIA in 2021-22 and I recently got an invitation to apply while I was living in India. I made a visit to Canada after I got the invitation so that I can complete the process and on the border I was asked several questions regarding my entry to Canada and my intentions.
To my surprise, I was issued a visitor record which is set to expire in January 2023. The officer advised me to complete the paperwork and head back to my home country – as he concluded that I was intending to work in Canada since my PR was in process and I was also going to apply for a work permit.
He also added that Indians are not privileged to go to the border and get a work permit, so he advised me to apply online and once I have my permit I can enter Canada at that point of time.
My lawyer is aware of the whole situation and advised me to obtain a work permit at the border.
I am confused at the moment because I see there are multiple options in front of me but I’m not sure which one would work in my best interest.
Any insights would be of great help.
 

canuck78

VIP Member
Jun 18, 2017
54,712
13,270
Hello all
I am a citizen of India and I have a valid visitor visa which was issued to me initially in 2013 and I re-applied the same in 2022 with a successful outcome. During all these years I had no issues entering and leaving Canada.
I applied for permanent residence under the express entry stream through an LMIA in 2021-22 and I recently got an invitation to apply while I was living in India. I made a visit to Canada after I got the invitation so that I can complete the process and on the border I was asked several questions regarding my entry to Canada and my intentions.
To my surprise, I was issued a visitor record which is set to expire in January 2023. The officer advised me to complete the paperwork and head back to my home country – as he concluded that I was intending to work in Canada since my PR was in process and I was also going to apply for a work permit.
He also added that Indians are not privileged to go to the border and get a work permit, so he advised me to apply online and once I have my permit I can enter Canada at that point of time.
My lawyer is aware of the whole situation and advised me to obtain a work permit at the border.
I am confused at the moment because I see there are multiple options in front of me but I’m not sure which one would work in my best interest.
Any insights would be of great help.
You don’t qualify to get a WP at the border. You would only qualify if you were from a visa exempt country. You were given a short stay in Canada because you declared you weren’t actually coming to visit and intended to move to Canada. You should remain in India until you get COPR.
 
Jan 9, 2023
9
0
25
Port Harcourt
Category........
Other
Job Offer........
Yes
Pre-Assessed..
Yes
Hello all
I am a citizen of India and I have a valid visitor visa which was issued to me initially in 2013 and I re-applied the same in 2022 with a successful outcome. During all these years I had no issues entering and leaving Canada.
I applied for permanent residence under the express entry stream through an LMIA in 2021-22 and I recently got an invitation to apply while I was living in India. I made a visit to Canada after I got the invitation so that I can complete the process and on the border I was asked several questions regarding my entry to Canada and my intentions.
To my surprise, I was issued a visitor record which is set to expire in January 2023. The officer advised me to complete the paperwork and head back to my home country – as he concluded that I was intending to work in Canada since my PR was in process and I was also going to apply for a work permit.
He also added that Indians are not privileged to go to the border and get a work permit, so he advised me to apply online and once I have my permit I can enter Canada at that point of time.
My lawyer is aware of the whole situation and advised me to obtain a work permit at the border.
I am confused at the moment because I see there are multiple options in front of me but I’m not sure which one would work in my best interest.
Any insights would be of great help.






Please hw can i get my own visa to Canada I really need help over here.
 

Mike Douglas

Newbie
Mar 3, 2020
7
0
You don’t qualify to get a WP at the border. You would only qualify if you were from a visa exempt country. You were given a short stay in Canada because you declared you weren’t actually coming to visit and intended to move to Canada. You should remain in India until you get COPR.
I don't qualify even if I have a positive LMIA? Also, can I come back as a visitor as I have a visitors visa or extend my stay as a work permit applicant?
 

scylla

VIP Member
Jun 8, 2010
95,089
21,648
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I don't qualify even if I have a positive LMIA? Also, can I come back as a visitor as I have a visitors visa or extend my stay as a work permit applicant?
Only those who are visa exempt qualify to apply for a work permit at the POE when they first arrive in Canada. CBSA correctly refused to accept your application. Lawyer should have known this. This is immigration 101.
 

scylla

VIP Member
Jun 8, 2010
95,089
21,648
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I don't qualify even if I have a positive LMIA? Also, can I come back as a visitor as I have a visitors visa or extend my stay as a work permit applicant?
You can extend your stay as a visitor.

You can also leave and then try to return to Canada. However if and how long you are allowed into Canada is always up to CBSA. Given you were only allowed a shorter visit to Canada this time, if you leave Canada, I would remain outside of Canada until the work permit is approved and only travel to Canada once this happens.
 

scylla

VIP Member
Jun 8, 2010
95,089
21,648
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

scylla

VIP Member
Jun 8, 2010
95,089
21,648
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You need to secure a job offer first from an employer in Canada. There are no job or employers here. You'll need to apply for jobs through sites such as LinkedIn and Indeed.
 
Jan 9, 2023
9
0
25
Port Harcourt
Category........
Other
Job Offer........
Yes
Pre-Assessed..
Yes
You need to secure a job offer first from an employer in Canada. There are no job or employers here. You'll need to apply for jobs through sites such as LinkedIn and Indeed.
Boss have been applying for job for some time now no response.
 

scylla

VIP Member
Jun 8, 2010
95,089
21,648
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Jan 9, 2023
9
0
25
Port Harcourt
Category........
Other
Job Offer........
Yes
Pre-Assessed..
Yes
You have to keep applying.

Yes i will keep on trying, tho is hard to pick someone for job now, they can only pick you wen they know that you have someone related to you in that company, so is not really easy things have really changed.
 

Mike Douglas

Newbie
Mar 3, 2020
7
0
You can extend your stay as a visitor.

You can also leave and then try to return to Canada. However if and how long you are allowed into Canada is always up to CBSA. Given you were only allowed a shorter visit to Canada this time, if you leave Canada, I would remain outside of Canada until the work permit is approved and only travel to Canada once this happens.
Let's say after applying for work permit online, can I stay back in Canada until I get an acceptance/refusal on that application based on the rule that in process applications are taken as an automatic stay permit for an individual?