Work permit via port of entry with LMIA exemption

[thursd]

I'm preparing my work permit application using form IMM1295E. I have the job offer and I'm supposed to start as soon as possible. I'm applying from the US (temporary residence) but I'm a Korean citizen. I have three questions:

1) What document do I need to show that I'm LMIA-exempt? My employer told me that employees with skill level A are LMIA-exempt, and so I have a letter (separate from my application letter) saying that I'm applying for a two-week processing with LMIA exempt. Would this suffice? Or should I bring a document that proves that I'm a skill level A worker?

2) With all VACs closed worldwide, I wouldn't be able to give biometrics until they re-open, obviously. Can I apply at a port of entry for this specific type of work permit? I'm assuming that you can give biometrics at major airports (I'd use Vancouver with a connecting flight to Alberta), but I read that you must exit the country if the application is denied at POE. Can you try again if your application is denied at POE?

3) I think my profession is covered by an international agreement between Canada and Korea that workers of certain professions are exempt from LMIA. Would I have a better chance if I show that this applies to me, in addition to the skill level thing?

I understand there's more uncertainty due to the pandemic, but any pointers are greatly appreciated! Stay safe & healthy!

 

[scylla]

I'm preparing my work permit application using form IMM1295E. I have the job offer and I'm supposed to start as soon as possible. I'm applying from the US (temporary residence) but I'm a Korean citizen. I have three questions:

1) What document do I need to show that I'm LMIA-exempt? My employer told me that employees with skill level A are LMIA-exempt, and so I have a letter (separate from my application letter) saying that I'm applying for a two-week processing with LMIA exempt. Would this suffice? Or should I bring a document that proves that I'm a skill level A worker?

2) With all VACs closed worldwide, I wouldn't be able to give biometrics until they re-open, obviously. Can I apply at a port of entry for this specific type of work permit? I'm assuming that you can give biometrics at major airports (I'd use Vancouver with a connecting flight to Alberta), but I read that you must exit the country if the application is denied at POE. Can you try again if your application is denied at POE?

3) I think my profession is covered by an international agreement between Canada and Korea that workers of certain professions are exempt from LMIA. Would I have a better chance if I show that this applies to me, in addition to the skill level thing?

I understand there's more uncertainty due to the pandemic, but any pointers are greatly appreciated! Stay safe & healthy!

1) Just because a job is skill level A doesn't by default make it LMIA exempt. I recommend you do more research to confirm that you are in fact LMIA exempt.

2) Work permit applications are not being processed at this time at port of entries due to COVID-19 and bans on all but essential travel. You have to apply for the work permit online and wait for the work permit to approved before you will be able to board a plane and fly to Canada.

3) Yes, you can use an international agreemeng (if applicable) for the exemption. But again, you cannot apply at the port of entry. You must apply online and get the approved work permit ahead of traveling to Canada.

 

[thursd]

Thank you for your reply! I did some research:

1) You're right, it's my job category that fall under LMIA-exempt, not the skill level. I got the two confused.
2) I was under the impression that eligible foreign workers can apply for work permits at certain ports of entry because I saw "Only certain students and workers are eligible to apply at a POE. Make sure you’re eligible before you go." on the biometrics page (https://www.cic.gc.ca/english/information/where-to-give-biometrics.asp).
But I also saw that there's temporary suspension of border services on this page: https://www.cbsa-asfc.gc.ca/do-rb/services/imm-eng.html. Maybe they just forgot to update the table for available POEs for biometrics.
It did say you can still give biometrics at those airports. Perhaps I can apply online, and give biometrics at these airports?

 

[Matthew Iwama]

You're on the right track. What you're referring to is the Canada-Korea Free Trade Agreement. However, there is lots of fine print. I wouldn't simply show up at the POE or Airport expecting to just be given a work permit. And, showing up with a 1295 in hand is certainly a sign that you have no idea (hint: forms are not accepted for POE applications).

For CKFTA applications, your employer will also need to submit the Offer of Employment through the Employer Portal account. You will also need to meet one of the criteria for entry (Contractual Service Provider or Independent Professional). Add to this to the fact that CBSA is not issuing work permits at the POE for non-USA citizens and that will mean you will need to apply online first, and correctly. It sounds like they are putting a hold on all non-urgent files.

These applications aren't easy. Feel free to each out if you need further clarification.

 

[dilchawla]

My friend in US (non-US citizen) is holding the Canada work-visa (non-LMIA category) since December 2019 and his wife holding open work permit. Would like to know when can they plan their travel to Canada (considering Covid-19 situation). Is there a specific guidelines since they don't fall under specific category.

Couple more questions:
1. Since the visa was affixed during December 2019 valid for 2 years but travelling now means whenever open is there a problem in port of entry.
2. What is the deadline for entering Canada for Work Visa holder - say in this case December 2019 visa issue date.

@canuck_in_uk can you guide?

 

[Matthew Iwama]

My friend in US (non-US citizen) is holding the Canada work-visa (non-LMIA category) since December 2019 and his wife holding open work permit. Would like to know when can they plan their travel to Canada (considering Covid-19 situation). Is there a specific guidelines since they don't fall under specific category.

Couple more questions:
1. Since the visa was affixed during December 2019 valid for 2 years but travelling now means whenever open is there a problem in port of entry.
2. What is the deadline for entering Canada for Work Visa holder - say in this case December 2019 visa issue date.

@canuck_in_uk can you guide?

The two years won't start until the work permit has been issued upon presentation of the POE Approval letter. For outside of Canada applicants, they don't issue the actual work permit until you arrive at the POE.

As per the deadline, on the POE Approval Letter, it will stipulate when the traveller must enter Canada by.

I suspect that due to COVID, they will make some exemptions available for extending those POE letters.

 

[dilchawla]

The two years won't start until the work permit has been issued upon presentation of the POE Approval letter. For outside of Canada applicants, they don't issue the actual work permit until you arrive at the POE.

As per the deadline, on the POE Approval Letter, it will stipulate when the traveller must enter Canada by.

I suspect that due to COVID, they will make some exemptions available for extending those POE letters.

Thanks Matthew. Yes they will get their work permit at port of entry. Considering the pandemic situation there is no clarity for travelling. Not sure when to book their flight tickets and it seems that they can not travel in Canada with family only the primary applicant are allowed at the moment. Not finding an answer for this.

Thanks.

 

[thursd]

You're on the right track. What you're referring to is the Canada-Korea Free Trade Agreement. However, there is lots of fine print. I wouldn't simply show up at the POE or Airport expecting to just be given a work permit. And, showing up with a 1295 in hand is certainly a sign that you have no idea (hint: forms are not accepted for POE applications).

For CKFTA applications, your employer will also need to submit the Offer of Employment through the Employer Portal account. You will also need to meet one of the criteria for entry (Contractual Service Provider or Independent Professional). Add to this to the fact that CBSA is not issuing work permits at the POE for non-USA citizens and that will mean you will need to apply online first, and correctly. It sounds like they are putting a hold on all non-urgent files.

These applications aren't easy. Feel free to each out if you need further clarification.

Thank you very much for your response!
I think I will apply online, for the track my employer told me to follow (LMIA- exempt with 2-week processing), not using the treaty. I can only hope that they will process my application as soon as possible.

 

[canuck78]

Thank you very much for your response!
I think I will apply online, for the track my employer told me to follow (LMIA- exempt with 2-week processing), not using the treaty. I can only hope that they will process my application as soon as possible.

2 weeks isn’t guaranteed with no covid. You’ll need to wait and see what processing is like with covid.

 

[canuck78]

Thank you very much for your response!
I think I will apply online, for the track my employer told me to follow (LMIA- exempt with 2-week processing), not using the treaty. I can only hope that they will process my application as soon as possible.

Would add that you will need to add 2 weeks of strict quarantine when you enter Canada.