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New/Extended Work Permit at Border Crossing

Aiwendil

Member
Jan 27, 2020
18
0
Hi. I'm a U.S. citizen who has been working in Canada for the past year. My work permit is going to expire on Friday, but I've just been told by my employer that they'd like to extend my contract. However, I'm not sure if they'll have the paperwork ready to go before Friday.

If my work permit expires on Friday, will it be possible for me to get a new work permit at a border crossing on Monday? I don't see why it wouldn't be - after all, I'll just be in the same situation I was when I first obtained a work permit at a border crossing one year ago. But I just want to make sure I'm not doing something stupid and I won't be denied entry.

Thanks for any insight.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,209
Visa Office......
London
App. Filed.......
06/12
Hi. I'm a U.S. citizen who has been working in Canada for the past year. My work permit is going to expire on Friday, but I've just been told by my employer that they'd like to extend my contract. However, I'm not sure if they'll have the paperwork ready to go before Friday.

If my work permit expires on Friday, will it be possible for me to get a new work permit at a border crossing on Monday? I don't see why it wouldn't be - after all, I'll just be in the same situation I was when I first obtained a work permit at a border crossing one year ago. But I just want to make sure I'm not doing something stupid and I won't be denied entry.

Thanks for any insight.
If your work permit expires Friday, you will be out of status on Monday. Going to the border while out of status is not recommended.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,209
Visa Office......
London
App. Filed.......
06/12
How will that be different from going to the border when I initially got my work permit a year ago?
Without status = illegal. It is not a good idea to flagpole while in Canada illegally, even if only for a few days.
 

Aiwendil

Member
Jan 27, 2020
18
0
Without status = illegal. It is not a good idea to flagpole while in Canada illegally, even if only for a few days.
What if I don't flagpole? Suppose the permit expires Friday, Sunday I cross to the U.S., and Monday I come back and apply for a new permit at the border?
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,209
Visa Office......
London
App. Filed.......
06/12
What if I don't flagpole? Suppose the permit expires Friday, Sunday I cross to the U.S., and Monday I come back and apply for a new permit at the border?
You should leave Friday while you still have valid status and return Monday.
 

Aiwendil

Member
Jan 27, 2020
18
0
Looks like the paperwork will be ready by Friday after all, so it's a moot point now. Just out of curiosity, I'm still wondering what would happen if one overstayed one's work permit by a few days, returned to the U.S., and then came back. It would seem that there would be no way for anyone to become aware that one had overstayed by a day or two, and no one would be checking the work permit going into the U.S.

However, this is fortunately now only an intellectual exercise, as I have the extension letter and can get this taken care of before Friday.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
The United States shares entry data with Canada. So based on a simple deductive exercise ("Did you travel to any countries other than the US?") it wouldn't be hard to figure out if you overstayed.
 

Aiwendil

Member
Jan 27, 2020
18
0
So I had some trouble with this. I went to a border crossing today and was told that I could not get a new work permit until my current one had expired. This requirement seems to me to be in contradiction with the requirement that I get a new one, or leave the country, before the expiration of the current one. The officer also said that at that and all the other nearby border crossings, flagpoling is only allowed on Tuesdays, Wednesdays, and Thursdays (I'm not sure how I was expected to have found that information). And further, she said that to get a new work permit I would need to show my diploma to show that I was qualified for the job, which is something that was never mentioned to me by HR; and in fact, last time, getting a work permit for exactly the same job, I did not need to show a diploma.

She said that what I should have done was apply for an extension online. I explained that I didn't do that because I will be needing to take a trip to the U.S. later in February, and I was told that if I apply online I must remain in Canada. The only solution she could offer me was that I apply online today, before my current permit expires (thus giving me implied status), then travel to the U.S., get a new work permit at the border on my way back in, and then cancel my online application. This seems like a very roundabout way to do what should be a pretty simple thing, but fine.

So, I want to make absolutely sure that I do everything right and don't end up getting refused entry after my trip to the U.S., or end up being in Canada without a work permit and not getting paid. Some questions:

- On the imm5710e form that I'm filling out now to apply for an extension to my current work permit, there is a place where I have to fill out current country of residence (Canada) and the dates of my residence there. I don't know what to put for the "TO" date - should I put the expected end date for the extension to the work permit that I'm applying for (i.e. one year from now)?

- The form also asks for my original date of entry to Canada, followed by my most recent entry to Canada. Does "original" mean the first time I ever visited Canada? Or does it mean when I entered Canada to start working at my current job one year ago?

- Once I finish and submit the application today, I'll have implied status, but will I have any way of showing that I have implied status? In other words, when I go to the border, how can I prove to the border agent that I have applied and have implied status?

- How can I find a complete list of documentation that I will need to bring with me when I return from my U.S. trip, in order to get a new work permit? There seems to be no concrete list of what I need, and the different border agents that I've dealt with have asked for different requirements. I plan to bring: my offer letter for the extension to my job, a copy of the original contract with my employer, my current (soon to be expired) work permit, the diploma (or a copy?) for my PhD, the number given to me by my employer for exemption from LMIA, and my passport. Do you think that will be sufficient?

Thanks for any help on this.
 
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