Lmia flagpoling on implied status

[zirakias]

Hi , few weeks ago my lmia closed work permit application was refused due to lack of documents that I did not submit , my fault.
I hired an immigration lawyer who told me sincd I am on implied status , I have two options , either to stay and wait approximately 5 months or flagpole which is risky .
Does anybody flagpole on lmia and on implied status ? Can you share your experience ? Is it really risky ?

 

[scylla]

Hi , few weeks ago my lmia closed work permit application was refused due to lack of documents that I did not submit , my fault.
I hired an immigration lawyer who told me sincd I am on implied status , I have two options , either to stay and wait approximately 5 months or flagpole which is risky .
Does anybody flagpole on lmia and on implied status ? Can you share your experience ? Is it really risky ?

Can you clarify how you have implied / maintained status? Did you reapply for the work permit after the first one was refused and before your current visa expired?

Flagpoling is always a bit hit and miss. Most likely the biggest risk is that they simply don't issue the WP.

 

[zirakias]

Can you clarify how you have implied / maintained status? Did you reapply for the work permit after the first one was refused and before your current visa expired?

Flagpoling is always a bit hit and miss. Most likely the biggest risk is that they simply don't issue the WP.

Well my guess is I'm out of status but I have 90 days to restore it , my lawyer said that I must decide first which path I want to follow , they will do different application to reapply for closed work permit and different for poe application as I understood . I just don't want to wait 5 months to get the wp without work and paying rent etc . While I can try the Poe at the airport or land . How risky is it ?

 

[zirakias]

I'm from visa exempt country , Greece

 

[zirakias]

If they will not issue the wp can I still get in Canada ? To get my things and stuff .

 

[scylla]

Well my guess is I'm out of status but I have 90 days to restore it , my lawyer said that I must decide first which path I want to follow , they will do different application to reapply for closed work permit and different for poe application as I understood . I just don't want to wait 5 months to get the wp without work and paying rent etc . While I can try the Poe at the airport or land . How risky is it ?

You don't want to flagpole when you are out of status. That is risky.

Flagpoling cannot be done at an airport. You would have to go to a US/Canada land border, exit Canada and then re-enter. Not recommended if you are out of status in Canada.

I can't tell you the level of risk.

 

[zirakias]

No I mean when I decide to do the flagpole , I will be on implied status

 

[zirakias]

Strange , that's the first thing I hear that you can't do in the airport . You can do by land and air , it's the same

 

[scylla]

No I mean when I decide to do the flagpole , I will be on implied status

Sorry, I don't understand what you mean by this.

Right now you are either out of status or you have implied status. This will be your status when you flagpole.

Did you submit a new work permit application or a visitor record application before your old work permit expired?

 

[scylla]

Strange , that's the first thing I hear that you can't do in the airport . You can do by land and air , it's the same

Not sure what you've been reading.

Flagpoling is only possible at a land border.

If you want to get a work permit at the airport, you must be arriving in Canada on an international flight. So if that's how you want to do it, you'd need fly out of Canada to an international destination and then return. This is not flagpoling. This is arriving on an international flight.

 

[zirakias]

Right now I'm out of status since. My lawyer told me to decide what I want to do . If I want to reapply within Canada it's different application , if I want to do flagpole is another application , then they will start the procedure on implied status

 

[zirakias]

Not sure what you've been reading.

Flagpoling is only possible at a land border.

If you want to get a work permit at the airport, you must be arriving in Canada on an international flight. So if that's how you want to do it, you'd need fly out of Canada to an international destination and then return. This is not flagpoling. This is arriving on an international flight.

I apologize you are right , I'm planing to visit the us since my family lives there , and come back few days later

 

[zirakias]

With that said what are the chances of getting the approval ? Since I will have the positive lmia , and show history of working in Canada

 

[YVR123]

Right now I'm out of status since. My lawyer told me to decide what I want to do . If I want to reapply within Canada it's different application , if I want to do flagpole is another application , then they will start the procedure on implied status

I still don't get how you can suddenly be in implied status. Your WP application was refused. You can apply to restore as a visitor. (I believe) But until then you are out of status. You can only be on implied status if you apply for a visa/work permit while you still have valid status and it expires and you are waiting for the processing of that WP/visa.

 

[zirakias]

So 90 days restore status , means im going to be on implied status right ? Not visitor