Work Permit not issued after immigration

[aj16]

Hello All,

I am an Indian citizen holding canada work permit. Unfortunately, I am in a stuck situation in Canada. I recently traveled to Vancouver, BC from Seattle via train on work permit visa. I had no problems at the Vancouver canadian immigration counter at train station as far as questions were concerned but they didn't issue any work permit document to me. I wasn't knowing that I was supposed to receive one from the immigration officer and neither did the officer give me. When I went to Service Canada Center to get my SIN, they asked for work permit document and since I didn't have it asked me to go to CBSA at the Vancouver airport to get one even though I had come to canada by train. The CBSA officer at the airport there said that they don't issue any work permit and that I need to go to the land border to get one.
I checked back at the train station with CBSA (canadian border services) and they told me that only way I can get work permit document is by exiting the country and entering back again. Unfortunately, my US h1b VISA has expired so I won't be allowed to enter US unless I flagpole which may cause problems in my future US visits.

According to me, fact that they allowed me to enter should have been on basis of my work permit since i don't hold canadian visitor visa. They should have given me the work permit document after completing the immigration instead they are asking me to re-enter through land border.

I am under a lot of worry on what to do. Appreciate if you can please give me your opinion and help me out.

 

[canuck_in_uk]

Hello All,

I am an Indian citizen holding canada work permit. Unfortunately, I am in a stuck situation in Canada. I recently traveled to Vancouver, BC from Seattle via train on work permit visa. I had no problems at the Vancouver canadian immigration counter at train station as far as questions were concerned but they didn't issue any work permit document to me. I wasn't knowing that I was supposed to receive one from the immigration officer and neither did the officer give me. When I went to Service Canada Center to get my SIN, they asked for work permit document and since I didn't have it asked me to go to CBSA at the Vancouver airport to get one even though I had come to canada by train. The CBSA officer at the airport there said that they don't issue any work permit and that I need to go to the land border to get one.
I checked back at the train station with CBSA (canadian border services) and they told me that only way I can get work permit document is by exiting the country and entering back again. Unfortunately, my US h1b VISA has expired so I won't be allowed to enter US unless I flagpole which may cause problems in my future US visits.

According to me, fact that they allowed me to enter should have been on basis of my work permit since i don't hold canadian visitor visa. They should have given me the work permit document after completing the immigration instead they are asking me to re-enter through land border.

I am under a lot of worry on what to do. Appreciate if you can please give me your opinion and help me out.

Hi

You need to leave Canada and re-enter to be issued your work permit. Flagpoling at the Canada-US border is easy. You don't actually enter the US; you just tell US CBP that you are flagpoling and they give you an administrative refusal and turn you back to Canada.

 

[aj16]

Hi

You need to leave Canada and re-enter to be issued your work permit. Flagpoling at the Canada-US border is easy. You don't actually enter the US; you just tell US CBP that you are flagpoling and they give you an administrative refusal and turn you back to Canada.

Thanks canuck_in_uk for your response. Appreciate it.
Won't flagpoling cause more problems in my future visits to US since it will be recorded on the database? I am planning to apply visitor visa to US soon to visit my family as well as I have a pending green card process. Also, what I don't understand is why can't they just give me the work permit at my port of entry which was train station in vancouver? fact that it was a mistake from the immigration officer of not providing me one when I came.

 

[canuck_in_uk]

Thanks canuck_in_uk for your response. Appreciate it.
Won't flagpoling cause more problems in my future visits to US since it will be recorded on the database? I am planning to apply visitor visa to US soon to visit my family as well as I have a pending green card process. Also, what I don't understand is why can't they just give me the work permit at my port of entry which was train station in vancouver? fact that it was a mistake from the immigration officer of not providing me one when I came.

It is an administrative refusal, not an official refusal. US CBP is well familiar with the flagpoling process.

A work permit can only be issued by CBSA when entering the country. The work permit process is pretty clearly explained on the website and would have been explained in your approval letter, so I'm not sure how you walked away without making sure you were issued a permit.

 

[Bs65]

Just to add that a work permit whether issued or not is not a travel document so the OP should check documentation again given would not have been allowed in without a TRV. So before they flagpole should check their status as far as a TRV is concerned.

 

[canuck_in_uk]

Just to add that a work permit whether issued or not is not a travel document so the OP should check documentation again given would not have been allowed in without a TRV. So before they flagpole should check their status as far as a TRV is concerned.

A TRV is not required to flagpole.

 

[aj16]

It is an administrative refusal, not an official refusal. US CBP is well familiar with the flagpoling process.

A work permit can only be issued by CBSA when entering the country. The work permit process is pretty clearly explained on the website and would have been explained in your approval letter, so I'm not sure how you walked away without making sure you were issued a permit.

Actually, what happened was when I got my passport stamped with work permit, I never received any work permit approval letter so I had no idea about it. My attorney as well didn't tell me about it. It was only today attorney sent it to me by downloading from CIC portal.
I went back to CBSA again at train station hoping there would be something they would do but seems I would need to exit the country through land border and re-enter. He did mention that if I talk to the border authorities they may allow me to re-enter without having to go to US and getting letter of refusal. I will need to check if that's possible. Is it the same you talking about TRV not having to flagpole?

 

[canuck_in_uk]

Actually, what happened was when I got my passport stamped with work permit, I never received any work permit approval letter so I had no idea about it. My attorney as well didn't tell me about it. It was only today attorney sent it to me by downloading from CIC portal.
I went back to CBSA again at train station hoping there would be something they would do but seems I would need to exit the country through land border and re-enter. He did mention that if I talk to the border authorities they may allow me to re-enter without having to go to US and getting letter of refusal. I will need to check if that's possible. Is it the same you talking about TRV not having to flagpole?

Sounds like you should be requesting a refund from your attorney.

No, that is not what I am talking about. You can try your luck with CBSA at the border without flagpoling but be prepared for them to refuse and send you to the US border.

 

[aj16]

Sounds like you should be requesting a refund from your attorney.

No, that is not what I am talking about. You can try your luck with CBSA at the border without flagpoling but be prepared for them to refuse and send you to the US border.

yeah...bad luck But can't do much now than re-entering back. I am thinking of going to Boundary Bay (AKA Point Roberts) border instead of Peace Arch as I heard that lines are much shorter there and commute wise it's more convenient. I am currently in downtown Vancouver.

 

[spborde]

Hi! Newbie,
Its been a long time!
Can yu let me know the outcome,as I have landed in the same problem!
Regards