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Flag poling and work permit - hidden conditions

Windmill

Star Member
Jan 12, 2015
61
1
Happy that we received our lmia after just 2 weeks, my husband went to Niagara Falls for flag poling and obtaining his work permit. They won't issue it because according to the immigration officer you need a class 2 driver's license to be a truck mechanic Noc 7321. He has his Dutch license which is not valid in Canada. Being a mechanic he doesn't have to drive trucks except on the own yard of the company. We're stuck now, don't know what to do and also didn't know that they would insist on having a class 2. Anybody else been in this situation or any suggestions what to do? We now have almost 1000 points for our ecpress entry but we can't wait another 7 months to go back to work.
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
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Windmill said:
Happy that we received our lmia after just 2 weeks, my husband went to Niagara Falls for flag poling and obtaining his work permit. They won't issue it because according to the immigration officer you need a class 2 driver's license to be a truck mechanic Noc 7321. He has his Dutch license which is not valid in Canada. Being a mechanic he doesn't have to drive trucks except on the own yard of the company. We're stuck now, don't know what to do and also didn't know that they would insist on having a class 2. Anybody else been in this situation or any suggestions what to do? We now have almost 1000 points for our ecpress entry but we can't wait another 7 months to go back to work.
A couple thoughts:

Do you actually need a class 2 DL? It's not listed under http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/QuickSearch.aspx?val65=7321. If, in reality, he won't need it (can someone else drive the trucks initially for him?), have the employer write a letter and take it with you as you go land again.

Talk to the DL issuing authority. Any chance you can get credit for the time he had the NL DL?
 

Windmill

Star Member
Jan 12, 2015
61
1
Somehow the class 2 ended up on the lmia which should be G2. The employer called Service Canada and got an addendum on the lmia. My husband went to the Falls yesterday together with the owner of the company but no problems now and he got his work permit
Now it's time to make a profile for EE which gives us almost 1000 points.
Only problem is that they can't issue a study permit for our son but we have to send that to Vegreville, which will take about 2,5 months. I'm looking into the option if we can send it to Vienna since we're Dutch but luving in Canada, that will take only 25 days.
 

madtowneast

Member
Jul 20, 2014
18
0
You should be able to get a study permit at the border as well, as long as there is proof that either of you have a work permit.
 

OhCanadiana

VIP Member
Feb 27, 2010
3,086
217
Job Offer........
Pre-Assessed..
Windmill said:
Somehow the class 2 ended up on the lmia which should be G2. The employer called Service Canada and got an addendum on the lmia. My husband went to the Falls yesterday together with the owner of the company but no problems now and he got his work permit
Now it's time to make a profile for EE which gives us almost 1000 points.
Only problem is that they can't issue a study permit for our son but we have to send that to Vegreville, which will take about 2,5 months. I'm looking into the option if we can send it to Vienna since we're Dutch but luving in Canada, that will take only 25 days.
Gefeliciteerd! Congratulations!


madtowneast said:
You should be able to get a study permit at the border as well, as long as there is proof that either of you have a work permit.
How?

CIC says:

Code:
Applying at a port of entry

Categories of foreign nationals who may apply for a study permit when entering Canada [R214]:

    A national or permanent resident of the United States;
    A person who has lawfully been admitted to the United States for permanent residence; or
    A resident of Greenland, St. Pierre and Miquelon;

Applying from within Canada

Categories of foreign nationals who may apply for a study permit (including to change or vary their existing conditions) after entering Canada [R215]:

    As of June 1, 2014, foreign nationals in Canada without a study permit who:
        are studying at the preschool, primary or secondary level [R215(1)(f)(i)];
        are a visiting or exchange student studying at a designated learning institution [R215(1)(f)(ii)]; or
        have completed a course or program of study that is a prerequisite to their enrolling at a designated learning institution [R215(1)(f)(iii)];
    [b]Foreign nationals and their family members holding a valid study or work permit [R215(1)(a), R215(1)(c)];[/b]
    Foreign nationals whose authorization to engage in studies in Canada without a study permit pursuant to A30(2) or R188(1)(a) is set to expire within 90 days or 90 days after the authorization expires [R215(1)(b)];
    Foreign nationals and their family members subject to an unenforceable removal order, including refugee claimants [R215(1)(d)];
    Foreign nationals and their family members holding a temporary resident permit [pursuant to A24(1)] valid for at least six months;
    A foreign national who is in a situation described in R207;
    In-Canada permanent resident applicants and their family members who are determined eligible for permanent resident status in one of the following classes:
        spouses or common-law partners;
        protected persons within the meaning of A95(2);
        persons who have been granted an exemption pursuant to A25;
        humanitarian and compassionate considerations; and
        live-in-caregivers;
    Family members of participants in sports activities or events, in Canada, either as individual participants or as a members of a foreign-based team or Canadian amateur team [R215(2)(g)]; or
    Family members of designated members of the armed forces [R215(2)(e)], family members of officers of a foreign government [R215(2)(f)], family members of employees of a foreign news company [R215(2)(h)], and family members of persons responsible for assisting a congregation [R215(2)(i)].
http://www.cic.gc.ca/english/resources/tools/temp/students/application.asp
 

Bains86

Hero Member
Aug 19, 2018
234
43
36
Hello Everyone
I am on visitor visa right now in Canada and my wife is post graduate work permit holder and she is working as a manager right nw means I m fulfilling the requirements for the work permit for myself but question can I go for the flag poling for my work permit ? And if they refused to issue me the work permit at the border so what will be the happen next ? They ll let me enter in the Canada again as a visitor or they ll apply the removal on me ?
Thnx
 

sandhu5644

Star Member
Feb 10, 2014
60
3
Hello Everyone
I am on visitor visa right now in Canada and my wife is post graduate work permit holder and she is working as a manager right nw means I m fulfilling the requirements for the work permit for myself but question can I go for the flag poling for my work permit ? And if they refused to issue me the work permit at the border so what will be the happen next ? They ll let me enter in the Canada again as a visitor or they ll apply the removal on me ?
Thnx
You will be allowed to re enter , i did myself on implied status , they refused my permit and let me in.