Hello all,
I would like to tell my story in the hope it will help people in similar situations. My ultimate failure to secure a work permit extension (employer specific) while on a working holiday visa (2 year) in Quebec was a combination of bad luck, being misinformed, being uninformed and not making the right decisions at the right times. I want to share this with you as during my process to renew/extend my work permit I encountered untold problems from start to finish, some avoidable and some not. I found it very difficult to find precise and relevant information for temporary workers in similar situations to mine so this is why I wanted to help out. It might help you avoid many of the pitfalls I encountered along the way.
Summary points (as the story below will be too long for most people)
-Make sure you don't let your current work permit expire. This is essential. You will find it extremely hard to get a new one if it does.
-Make sure your application for a work permit extension is complete. No missing files. Don't give them any reasons to reject it.
-Send off your new work permit application at least 30 days before your current visa expires. You will benefit from an implied status until you receive your answer. This means you can continue working.
**It has been said that holders of Working Holiday Visas cannot benefit from an implied status as they are non-extendable and can't be renewed. Maybe this is true in most cases but with a CSQ from Quebec, a job offer (with employer compliance fee paid) and a valid work permit IT IS POSSIBLE.
-If you want to avoid waiting months for your new WP go directly to the border and flagpole. If you have all the required documents you should be successful.
-If you are applying for a CSQ through the Experience Quebec Program, do the TCFQ French exam (oral parts only). Its the easiest and you can get your results within 10 days to 2 weeks. Don’t do the DELF. It requires you to do all four parts, its very difficult and takes 6 weeks to get results.
-Once you receive your CSQ and make your work permit extension application (priority if you want to continue working legally), send off your permanent residency application as well. It will take about a year or more to get it so dont waste time.
-Be very careful of the time. Know your deadlines. Allow extra time for possible delays and complications. And PLEASE, DONT LET YOUR WORK PERMIT EXPIRE!
-All answers to your questions will be available on the Canadian Immigration website (CIC) but firstly, you need to know exactly what to ask. The website is an absolute labyrinth of information
I'm Irish and I came to Canada on a 2 year working holiday visa. I chose to live in Montreal as French culture appeals to me and I wanted to come home being able to speak fluent French. I found it tough initially to get up on my feet (ironically because of the language difficulty) but eventually things started to happen. I got a summer job working for the Cirque du Soleil after a random meeting in a bar and after that I travelled with the show to Toronto for a while. I came back to Montreal once the show moved on to Calgary because thats where I wanted to settle. I got a job in a language school as an international student advisor and that was a much more serious, career related, salaried job that would eventually allow me to apply for and successfully obtain a CSQ through the Experience Quebec Program (PEQ). I met a girl in Montreal so I wanted to check out the options for staying longer if things progressed. I found out about this program by researching the Internet and it seemed pretty straightforward. The requirements were: 1) to have worked full time in Quebec for at least 12 of the 24 months; 2) at the management, professional or technical level (levels O, A or B under the National Occupational Classification) at the time of submission of your application and 3) demonstrate advanced intermediate knowledge of oral French (B2 level).
So knowing I would be eligible to apply as I had a one year maternity leave contract (at a professional level - i.e requiring a degree) I started to prepare my
PEQ application. I chose to do the DELF exam almost 6 months before my visa was going to expire. I though that would give me ample time to get everything prepared so I wouldn't be scrambling at the last minute to get everything ready (my normal style). I chose the DELF from the list of officially recognized exams for immigration purposes in Quebec as I had done it twice before in France at A2 and B1 level so I knew the format and felt comfortable doing it again. First mistake. Exam went pretty well (4 different parts) and I waited patiently (6-7 weeks) for the results. When the results came I got an overall 70% score and I was happy. I had passed. That was all that mattered...or was it? As time rolled by I slowed started to get my application together (I still had lots of time in my mind) when out of the blue I noticed some small print relevant to the DELF exam’s minimum requirements. I hadn't noticed it before. It was the only exam with such a special condition. Firstly they were only interested in TWO of the four parts I did; the two oral parts only. They were requiring a minimum score of 16/25 in each. I started to worry as I couldn't remember my individual scores in these two parts. I went to pull out my DELF exam results from my drawer and to my horror I had 21/25 in the oral comprehension but only 15.5/25 in the oral production. I was 0.5 below the minimum requirement to apply. I was gobsmacked. Now it was February and my visa was going to expire mid April. I hit the Internet to check out the other exams that I could do. After some research the TCFQ seemed the best one to do as the results could be obtained within 10 days to 2 weeks through certain institutes. This could save me. I luckily got the last place for the next TCFQ sitting at UQAM university and started preparing. It was only two parts; oral comprehension (listening exercise) and oral production (interview) so compared to the DELF it seemed quite easy. I did the oral comprehension and got my result instantly, i got a B2. Great! Then I did the interview and I had the impression it went very well. I waited 10 days and went to collect my results. To my astonishment I got 8/20 (B1) but the minimum requirement was 9/20 for a B2. I wanted to cry and almost did. I would have to wait a month to do the exam again (TCFQ rules) and now it was early March and I still hadn't sent my application yet for the Experience Quebec Program. It was exactly where I didn't want to be.....scrambling at the last minute. God damn! My visa was up in April. I told the guy in UQAM that I was shocked and told him I thought I did really well. He gave me an email address for their center in France where they correct them and told me to explain my story to them and they 'might' re-evaluate it. I wrote an email and was told someone would be in contact shortly. The next day the email said they would re-evaluate my exam. I was filled hope. A few days later I received another email telling me to destroy my old certificate as they were going to send me a new one with a modified result. I was delighted but apprehensive. what if it was worst than the previous one!? After 3-4 days the letter arrived and I tore it open. They upgraded my score to 12/20!! I was now in B2 territory and my French exam drama was over. I had the minimum requirement to send my application. However it had eaten up 4 months of my time. For something that was supposed to be straightforward it certainly turned out to be quite the opposite. It was mid March and my visa was expiring in April. This was going to be very very tight!!! The only hope I had was that it said on the Quebec Immigration website that the CSQ could be obtained within 2 weeks through the PEQ program but I couldn't believe that to be true for such an important document.
So I sent off my PEQ application with all the required documentation 3 weeks before my visa was going to expire. A few weeks went by, nothing. I called and they told me it would be another couple of weeks as they were a bit delayed. One week before my visa expired I was panicking. I was preparing my work permit application to send off to Vegreville to apply for a renewal/extension (Federal level) and I had to do it before my visa expired or else I would not benefit from an implied status. The implied status would allow me to continue working while I waited for their response. Problem was I needed to include my CSQ in my paper application and still no sign of it anywhere. At the same time my employer was having technical issues with the employer portal and couldn't manage to register my job offer and pay the employer compliance fee. Nightmare!!! Now it was 3 days before my visa was going to expire and I had to send off my application. I couldnt wait any longer. So I did by registered post (to prove it was sent before expiry) without the CSQ and minus my employment offer number. It was terrible as I knew the application was missing two vital parts. But I had been told by an Immigration Canada help desk agent that if I sent them after it would probably be fine and they would link them up in Vegreville. The CSQ arrived two days after my visa expired. WTF! My employer managed to sort out the problems on the employer portal and finally gave me my offer of employment number a day after. I sent them away to Vegreville in a separate letter explaining the situation and pleading for sympathy and understanding. The processing time was 4 months so I left all the stresses behind me and got back to work and living again. There was nothing much I could do now. My fate was outside my control.
After 3.5 months I started to see if I could check the status of my application. Apparently it could be checked online but of course I had issues doing that and couldn't manage to link up my application to my account. There was also a way to call and I did that after a held desk agent gave me my application number. Now i could call through an automated service and it would give me my application status. For a long time I was only told it had been received back in April but then one day it changed to 'your application is currently being processed'. Great! Should be ready soon! One morning I come into work and saw that in my inbox i have received an email from Immigration Canada. I opened it excitedly. Finally! My face dropped after reading the 4th line. I knew the game was up. My application had been refused. I was stunned. They said I hadn't submitted my CSQ and my offer of employment number was missing. Holy crap! My fear had been realized. They hadnt match up my late submissions with my original application. I rang and pleaded for mercy, leniency, empathy but to no avail, my file had been closed, full stop. No going back. I was informed to apply to restore my status within 90 days or leave the country immediately. I had to stop working immediately as I no longer had implied status. My boss was not best pleased but I vowed to sort it out quickly. At the same time I was in a dilemma about going back to Ireland as two of my good friends were getting married two week later. I was putting off making any decision as I was hoping I would receive my visa before I left. Well in the end it did but not with a favorable result. I was in a real pickle!
I rang Immigration Canada again (for about the 30th time since March) and asked what to do next, now accepting there was no way to repair my failed application. I was told to restore my status as a temporary worker (no implied status this time) but this could take 4 months and I would lose my job for sure if it took that long. I told them I was probably going home to Ireland for two weddings and they said there was no point restoring my status if I was going to leave Canada. To be able to restore a status you have to stay in situ. Then I was told by one nice agent....'actually the best thing you could do now is leave the country and then re-apply for a new work permit on re-entering Canada after your trip home'. What’s that??? I can get a visa on re-entry at the airport? Really?? Even as a tourist (remember my work pernit was expired)?? Are you sure about that? We went through the conditions and he told me I have all the required documents to do it. Oh my god! I was saved! After everything I had my salvation. Now I could go home and enjoy the weddings and then come back and get my new visa at the airport on re-entry. So cool! I never knew you could do that! All that stress for nothing! I love Canada. So I went back to Ireland with my girlfriend, my spirits high and my future soon to be resolved.
On the last day of my trip I made sure my file was in order and everything was ready for the trip back to Canada....CSQ-tick, offer of employment contract-tick, proof the employer compliance fee was paid-tick, offer of employment number-tick, old working holiday visa-tick. I was hopeful but nervous. When we arrived at the airport in Montreal the queues at the passport control were huge and this only added to my anxiety. Eventually I arrived to the border security control and explained that I wanted to apply for a new work permit. She looked at me curiously and said she didn't think that was possible as my working holiday visa was clearly expired. Alarm bells started ringing in my head. Already complications. God damn! I told her I was assured it could be done and she let me through to the Immigration office with a slight look of puzzlement.
We took a ticket and waited patiently for our turn. It felt like an eternity. Finally our number popped up on the screen and we approached the designated counter. I was sweating and nervous as a cat. I told the stern looking guy that I wanted to apply for a new work permit (employer specific) as I had been directed and gave him all my documents. He took them and didn't say much. Then he asked me to sit down. He called me back up again a while later and I could immediately feel the atmosphere had changed. His neutral stance from before was now replaced by one far more intimidating. He asked me what was I doing here, he asked me to explain myself fully (I told him the truth) as he reviewed my file on his computer, he said that what I was asking for was impossible, I disagreed which made him more agitated. He said he couldn't even let me into the country now and I was in a very difficult situation. He wouldn't stamp my passport. He said I had been working illegally and had no right to stay on working under an implied status knowing that I had sent off an incomplete application. I told him I sent the delayed CSQ and employment number a week after my original application as I had been told it would be added to my file. He scoffed at that. He was very dubious and didn't like what he was hearing. He kept looking at my file on his computer and in frustration, went off to ask his supervisor for assistance. I was asked to sit down again. This process would last about 2 hours. He consulted his supervisor continuously as they read through their directives about what to do in cases like mine (CSQ, job offer, but no valid work permit). His supervisor seemed more flexible but every time she seemed to validate something that was favorable to my cause he would quickly shoot it down with some condition or exemption he found in his case notes. He said my work visa had expired 4 months ago and there was no way he would issue me with another one now. He said the CSQ was issued two days after my old visa expired and he said the employer compliance fee from my previous application has been marked to be refunded. He said my file was a complete mess and he couldn't do anything for me. He was not the most pleasant and educated guy in the world but in fairness to him he tried to find some alternatives to help me out but he couldn't (Young professionals program, even common partner etc.). There was just nothing to offer me that would legally allow me to work. Thankfully my Quebecois girlfriend was with me throughout the process and eventually he started to take pity on us as he knew I was going to lose my job as a result of now getting my work permit and he said 'we're not in the business of breaking up relationships especially between foreigners and Canadian citizens but all I can do now is let you in as a tourist'. He said lets just say that this whole conversation never happened and we never met. I wont note anything new down in your file to mess it up. He told me to apply for a restoration of status as soon as possible which I knew would take 4 months. Too long for be able to keep my job. I was devastated. I took my file and left the immigration office completely forlorn. We went off to find our luggage which must have been on the airport carousal for hours. Thats probably gone too!
So I went to work the next day and told my boss that they should start looking for someone else to replace me. I told her my airport plan didn't work out and I had no idea when I would be legally able to work again. She was very supportive and said she'd wait and give me time to resolve the situation. She called on contacts and legal people connected with my work and we started getting much more clear and concise information and advice. I worked voluntarily throughout this process to show them I was desperate to stay. In this time I sent off my Permanent residency application (Quebec Skilled Worker) as the CSQ was geared more towards that than anything else. In hindsight I should have sent it off in April once I received my CSQ but in my head the permanent residency was something to do further down the line once I had a new work permit. I was told by a girl in my work that if I send my PR application I could apply for a type of bridging work work permit once I received an Acknowledgement of Receipt. That gave me hope but soom after a lawyer told us it would not make a difference. I would not get a work permit by that route. During this time too we rang Immigration Canada many times and we were told by one agent that I should go to the border to submit a new work permit application. He said it would be fine and I would be eligible. We made it sounds so simple. This process is known as flagpoling. Its not openly encouraged but its completely legal. He said I have all the required documents and he said the border security officer at the airport has made an error in not giving me a work permit. He said it doesn't matter if I don't currently have a valid work permit. He said nowhere is it stated that this is a key condition. I was elated! An 11th hour reprieve....I could still be saved after all. We asked for his name and he sent us an email outlining the process for 'applying for a work permit at the border'. He told my boss to redo the offer of employment on the employer portal and repay the employer compliance fee. He said with all that done everything should be fine. He said at the border they are much more accustomed to this process as it happens on a daily basis and the officers should be much more up to date regarding the policies. I needed more guarantees that this could be possible. It seemed too good to be true. we called 6 other times each time speaking to to a different agent. 4 from 6 said it was possible. the other 2 categorically said it was not possible and their colleagues has been misinformed. Then another lawyer told me not to go to the border as I will not get a work permit without having a valid one already and warning me that things could get messy. He said I could end up making my situation worse. But I was too curious now (and desperate) and felt I had nothing to lose. In my head all the positive people telling me it could be done knew their stuff and were as professional and authentic as they get and all the naysayers were lazy and didn't know what they were talking about. I was deluded but i didnt know that yet.
So I went to St. Bernard / La Colle border checkpoint with my girlfriend to flagpole with a renewed optimism. This was the last throw of the dice. We did the flagpoling procedure as indicated; we drove up to the US checkpoint but told the US guard we were here to apply for a work permit at the Canadian immigration office. He refused us entry to the US (sounds serious but its just standard procedure) as they are told to do in such circumstances and we went around and re-entered on the Canadian side and told the guy I wanted to apply for a work permit. He let us through, took our US refusal paper and we parked the car and entered the immigration office. It was empty and the Quebec border security staff seemed friendly and polite. It was promising. I gave the immigration officer my file and explained everything and why I was there; I told her I came on the advice of several Canadian Immigration agents which I hoped was accurate. I told her I had a CSQ, had applied for PR, had a job offer and my employer had paid the compliance fee. She took everything and went off and asked for my valid work permit. I told her it had expired and I currently had a visitor status. But i told her i was told by several agents that it wasn't necessary to have one. She seemed very dubious and went off. She came back and I could see in her face she wasn't coming with positive news. She told me (as before at the airport) that she couldn't issue me with a work permit as I didn't have a valid one. She said this is the condition for holders of a CSQ to be able to get a new one. The CSQ acts as a Labour Market Impact Assement exemption but only when you already have a valid work permit. In my situation the CSQ didnt act as an exemption because I had an expired work permit. She said my employer would have to do an LMIA to get me a work permit costing around $1000. She said I had been very misinformed along the way. She asked how long ago my work permit expired and I said 4 months and she gasped with surprise. I had a feeling in that moment that if it had been only a week or maybe even a few weeks she might have helped me out. I cursed my luck for not having come here the day I received my CSQ but in that time I didnt even know what flagpoling was. But now I know it would almost definitely have worked. She let me back in as a visitor after some routine questions. I told her I would go back to Ireland for a year with my girlfriend and come back when I got my PR approved. She seemed happy with that and let us through. She told me not to work as if I do and they find out my PR application would be seriously affected. I promised I wouldnt.
So thats it. All I can do now is to accept my fate. My quest for a work permit is over. It was a roller coaster 10 months and in some ways I feel relieved it is finally over. I am going back to Ireland in a few weeks for a year until my PR comes through. The positive thing I can take from all this is that I have the opportunity to apply for permanent residency with my CSQ obtained through the Experience Quebec program. Thats very significant. I would have liked to stay in the meantime and continued working but thats not going to happen now and they are looking to fill my position asap. I just couldn't manage to get that elusive second work permit. I was unlucky and naive in equal measures. The immigration process is a beast and if you don't manage to tame it and dominate it, it will eat you alive. Everyone will have a different opinion on what you should do and what can be done but take what they say with a pinch of salt. Only trust people once you do your own reseach and verify everything yourself. Give yourself lots of time to prepare everything properly. Leave yourself a good time margin in case of errors and delays. Be sure your application is fully complete and error free. Check and recheck everything 20 times before sending. Read and reread the policies, conditions and exemptions relevant to your personal situation. Dont always trust the Immigration Canada help desk agents. They also get confused with the complexities of their own system and are prone to giving bad advice. If you need quick advice and have a speciify question you need answering call a lawyer and they should give you some free advice over the phone. If your situation is complex you will have to pay for a consultation. Check the internet forums to see what happened to other people with comparable situations to yours. Be prepared to spend a lot of time reading complex and tedious material but trust me, it should all pay off. All your answers can be found on the Canadian Immigration website. You just have to know what questions to ask......and good luck!
I would like to tell my story in the hope it will help people in similar situations. My ultimate failure to secure a work permit extension (employer specific) while on a working holiday visa (2 year) in Quebec was a combination of bad luck, being misinformed, being uninformed and not making the right decisions at the right times. I want to share this with you as during my process to renew/extend my work permit I encountered untold problems from start to finish, some avoidable and some not. I found it very difficult to find precise and relevant information for temporary workers in similar situations to mine so this is why I wanted to help out. It might help you avoid many of the pitfalls I encountered along the way.
Summary points (as the story below will be too long for most people)
-Make sure you don't let your current work permit expire. This is essential. You will find it extremely hard to get a new one if it does.
-Make sure your application for a work permit extension is complete. No missing files. Don't give them any reasons to reject it.
-Send off your new work permit application at least 30 days before your current visa expires. You will benefit from an implied status until you receive your answer. This means you can continue working.
**It has been said that holders of Working Holiday Visas cannot benefit from an implied status as they are non-extendable and can't be renewed. Maybe this is true in most cases but with a CSQ from Quebec, a job offer (with employer compliance fee paid) and a valid work permit IT IS POSSIBLE.
-If you want to avoid waiting months for your new WP go directly to the border and flagpole. If you have all the required documents you should be successful.
-If you are applying for a CSQ through the Experience Quebec Program, do the TCFQ French exam (oral parts only). Its the easiest and you can get your results within 10 days to 2 weeks. Don’t do the DELF. It requires you to do all four parts, its very difficult and takes 6 weeks to get results.
-Once you receive your CSQ and make your work permit extension application (priority if you want to continue working legally), send off your permanent residency application as well. It will take about a year or more to get it so dont waste time.
-Be very careful of the time. Know your deadlines. Allow extra time for possible delays and complications. And PLEASE, DONT LET YOUR WORK PERMIT EXPIRE!
-All answers to your questions will be available on the Canadian Immigration website (CIC) but firstly, you need to know exactly what to ask. The website is an absolute labyrinth of information
I'm Irish and I came to Canada on a 2 year working holiday visa. I chose to live in Montreal as French culture appeals to me and I wanted to come home being able to speak fluent French. I found it tough initially to get up on my feet (ironically because of the language difficulty) but eventually things started to happen. I got a summer job working for the Cirque du Soleil after a random meeting in a bar and after that I travelled with the show to Toronto for a while. I came back to Montreal once the show moved on to Calgary because thats where I wanted to settle. I got a job in a language school as an international student advisor and that was a much more serious, career related, salaried job that would eventually allow me to apply for and successfully obtain a CSQ through the Experience Quebec Program (PEQ). I met a girl in Montreal so I wanted to check out the options for staying longer if things progressed. I found out about this program by researching the Internet and it seemed pretty straightforward. The requirements were: 1) to have worked full time in Quebec for at least 12 of the 24 months; 2) at the management, professional or technical level (levels O, A or B under the National Occupational Classification) at the time of submission of your application and 3) demonstrate advanced intermediate knowledge of oral French (B2 level).
So knowing I would be eligible to apply as I had a one year maternity leave contract (at a professional level - i.e requiring a degree) I started to prepare my
PEQ application. I chose to do the DELF exam almost 6 months before my visa was going to expire. I though that would give me ample time to get everything prepared so I wouldn't be scrambling at the last minute to get everything ready (my normal style). I chose the DELF from the list of officially recognized exams for immigration purposes in Quebec as I had done it twice before in France at A2 and B1 level so I knew the format and felt comfortable doing it again. First mistake. Exam went pretty well (4 different parts) and I waited patiently (6-7 weeks) for the results. When the results came I got an overall 70% score and I was happy. I had passed. That was all that mattered...or was it? As time rolled by I slowed started to get my application together (I still had lots of time in my mind) when out of the blue I noticed some small print relevant to the DELF exam’s minimum requirements. I hadn't noticed it before. It was the only exam with such a special condition. Firstly they were only interested in TWO of the four parts I did; the two oral parts only. They were requiring a minimum score of 16/25 in each. I started to worry as I couldn't remember my individual scores in these two parts. I went to pull out my DELF exam results from my drawer and to my horror I had 21/25 in the oral comprehension but only 15.5/25 in the oral production. I was 0.5 below the minimum requirement to apply. I was gobsmacked. Now it was February and my visa was going to expire mid April. I hit the Internet to check out the other exams that I could do. After some research the TCFQ seemed the best one to do as the results could be obtained within 10 days to 2 weeks through certain institutes. This could save me. I luckily got the last place for the next TCFQ sitting at UQAM university and started preparing. It was only two parts; oral comprehension (listening exercise) and oral production (interview) so compared to the DELF it seemed quite easy. I did the oral comprehension and got my result instantly, i got a B2. Great! Then I did the interview and I had the impression it went very well. I waited 10 days and went to collect my results. To my astonishment I got 8/20 (B1) but the minimum requirement was 9/20 for a B2. I wanted to cry and almost did. I would have to wait a month to do the exam again (TCFQ rules) and now it was early March and I still hadn't sent my application yet for the Experience Quebec Program. It was exactly where I didn't want to be.....scrambling at the last minute. God damn! My visa was up in April. I told the guy in UQAM that I was shocked and told him I thought I did really well. He gave me an email address for their center in France where they correct them and told me to explain my story to them and they 'might' re-evaluate it. I wrote an email and was told someone would be in contact shortly. The next day the email said they would re-evaluate my exam. I was filled hope. A few days later I received another email telling me to destroy my old certificate as they were going to send me a new one with a modified result. I was delighted but apprehensive. what if it was worst than the previous one!? After 3-4 days the letter arrived and I tore it open. They upgraded my score to 12/20!! I was now in B2 territory and my French exam drama was over. I had the minimum requirement to send my application. However it had eaten up 4 months of my time. For something that was supposed to be straightforward it certainly turned out to be quite the opposite. It was mid March and my visa was expiring in April. This was going to be very very tight!!! The only hope I had was that it said on the Quebec Immigration website that the CSQ could be obtained within 2 weeks through the PEQ program but I couldn't believe that to be true for such an important document.
So I sent off my PEQ application with all the required documentation 3 weeks before my visa was going to expire. A few weeks went by, nothing. I called and they told me it would be another couple of weeks as they were a bit delayed. One week before my visa expired I was panicking. I was preparing my work permit application to send off to Vegreville to apply for a renewal/extension (Federal level) and I had to do it before my visa expired or else I would not benefit from an implied status. The implied status would allow me to continue working while I waited for their response. Problem was I needed to include my CSQ in my paper application and still no sign of it anywhere. At the same time my employer was having technical issues with the employer portal and couldn't manage to register my job offer and pay the employer compliance fee. Nightmare!!! Now it was 3 days before my visa was going to expire and I had to send off my application. I couldnt wait any longer. So I did by registered post (to prove it was sent before expiry) without the CSQ and minus my employment offer number. It was terrible as I knew the application was missing two vital parts. But I had been told by an Immigration Canada help desk agent that if I sent them after it would probably be fine and they would link them up in Vegreville. The CSQ arrived two days after my visa expired. WTF! My employer managed to sort out the problems on the employer portal and finally gave me my offer of employment number a day after. I sent them away to Vegreville in a separate letter explaining the situation and pleading for sympathy and understanding. The processing time was 4 months so I left all the stresses behind me and got back to work and living again. There was nothing much I could do now. My fate was outside my control.
After 3.5 months I started to see if I could check the status of my application. Apparently it could be checked online but of course I had issues doing that and couldn't manage to link up my application to my account. There was also a way to call and I did that after a held desk agent gave me my application number. Now i could call through an automated service and it would give me my application status. For a long time I was only told it had been received back in April but then one day it changed to 'your application is currently being processed'. Great! Should be ready soon! One morning I come into work and saw that in my inbox i have received an email from Immigration Canada. I opened it excitedly. Finally! My face dropped after reading the 4th line. I knew the game was up. My application had been refused. I was stunned. They said I hadn't submitted my CSQ and my offer of employment number was missing. Holy crap! My fear had been realized. They hadnt match up my late submissions with my original application. I rang and pleaded for mercy, leniency, empathy but to no avail, my file had been closed, full stop. No going back. I was informed to apply to restore my status within 90 days or leave the country immediately. I had to stop working immediately as I no longer had implied status. My boss was not best pleased but I vowed to sort it out quickly. At the same time I was in a dilemma about going back to Ireland as two of my good friends were getting married two week later. I was putting off making any decision as I was hoping I would receive my visa before I left. Well in the end it did but not with a favorable result. I was in a real pickle!
I rang Immigration Canada again (for about the 30th time since March) and asked what to do next, now accepting there was no way to repair my failed application. I was told to restore my status as a temporary worker (no implied status this time) but this could take 4 months and I would lose my job for sure if it took that long. I told them I was probably going home to Ireland for two weddings and they said there was no point restoring my status if I was going to leave Canada. To be able to restore a status you have to stay in situ. Then I was told by one nice agent....'actually the best thing you could do now is leave the country and then re-apply for a new work permit on re-entering Canada after your trip home'. What’s that??? I can get a visa on re-entry at the airport? Really?? Even as a tourist (remember my work pernit was expired)?? Are you sure about that? We went through the conditions and he told me I have all the required documents to do it. Oh my god! I was saved! After everything I had my salvation. Now I could go home and enjoy the weddings and then come back and get my new visa at the airport on re-entry. So cool! I never knew you could do that! All that stress for nothing! I love Canada. So I went back to Ireland with my girlfriend, my spirits high and my future soon to be resolved.
On the last day of my trip I made sure my file was in order and everything was ready for the trip back to Canada....CSQ-tick, offer of employment contract-tick, proof the employer compliance fee was paid-tick, offer of employment number-tick, old working holiday visa-tick. I was hopeful but nervous. When we arrived at the airport in Montreal the queues at the passport control were huge and this only added to my anxiety. Eventually I arrived to the border security control and explained that I wanted to apply for a new work permit. She looked at me curiously and said she didn't think that was possible as my working holiday visa was clearly expired. Alarm bells started ringing in my head. Already complications. God damn! I told her I was assured it could be done and she let me through to the Immigration office with a slight look of puzzlement.
We took a ticket and waited patiently for our turn. It felt like an eternity. Finally our number popped up on the screen and we approached the designated counter. I was sweating and nervous as a cat. I told the stern looking guy that I wanted to apply for a new work permit (employer specific) as I had been directed and gave him all my documents. He took them and didn't say much. Then he asked me to sit down. He called me back up again a while later and I could immediately feel the atmosphere had changed. His neutral stance from before was now replaced by one far more intimidating. He asked me what was I doing here, he asked me to explain myself fully (I told him the truth) as he reviewed my file on his computer, he said that what I was asking for was impossible, I disagreed which made him more agitated. He said he couldn't even let me into the country now and I was in a very difficult situation. He wouldn't stamp my passport. He said I had been working illegally and had no right to stay on working under an implied status knowing that I had sent off an incomplete application. I told him I sent the delayed CSQ and employment number a week after my original application as I had been told it would be added to my file. He scoffed at that. He was very dubious and didn't like what he was hearing. He kept looking at my file on his computer and in frustration, went off to ask his supervisor for assistance. I was asked to sit down again. This process would last about 2 hours. He consulted his supervisor continuously as they read through their directives about what to do in cases like mine (CSQ, job offer, but no valid work permit). His supervisor seemed more flexible but every time she seemed to validate something that was favorable to my cause he would quickly shoot it down with some condition or exemption he found in his case notes. He said my work visa had expired 4 months ago and there was no way he would issue me with another one now. He said the CSQ was issued two days after my old visa expired and he said the employer compliance fee from my previous application has been marked to be refunded. He said my file was a complete mess and he couldn't do anything for me. He was not the most pleasant and educated guy in the world but in fairness to him he tried to find some alternatives to help me out but he couldn't (Young professionals program, even common partner etc.). There was just nothing to offer me that would legally allow me to work. Thankfully my Quebecois girlfriend was with me throughout the process and eventually he started to take pity on us as he knew I was going to lose my job as a result of now getting my work permit and he said 'we're not in the business of breaking up relationships especially between foreigners and Canadian citizens but all I can do now is let you in as a tourist'. He said lets just say that this whole conversation never happened and we never met. I wont note anything new down in your file to mess it up. He told me to apply for a restoration of status as soon as possible which I knew would take 4 months. Too long for be able to keep my job. I was devastated. I took my file and left the immigration office completely forlorn. We went off to find our luggage which must have been on the airport carousal for hours. Thats probably gone too!
So I went to work the next day and told my boss that they should start looking for someone else to replace me. I told her my airport plan didn't work out and I had no idea when I would be legally able to work again. She was very supportive and said she'd wait and give me time to resolve the situation. She called on contacts and legal people connected with my work and we started getting much more clear and concise information and advice. I worked voluntarily throughout this process to show them I was desperate to stay. In this time I sent off my Permanent residency application (Quebec Skilled Worker) as the CSQ was geared more towards that than anything else. In hindsight I should have sent it off in April once I received my CSQ but in my head the permanent residency was something to do further down the line once I had a new work permit. I was told by a girl in my work that if I send my PR application I could apply for a type of bridging work work permit once I received an Acknowledgement of Receipt. That gave me hope but soom after a lawyer told us it would not make a difference. I would not get a work permit by that route. During this time too we rang Immigration Canada many times and we were told by one agent that I should go to the border to submit a new work permit application. He said it would be fine and I would be eligible. We made it sounds so simple. This process is known as flagpoling. Its not openly encouraged but its completely legal. He said I have all the required documents and he said the border security officer at the airport has made an error in not giving me a work permit. He said it doesn't matter if I don't currently have a valid work permit. He said nowhere is it stated that this is a key condition. I was elated! An 11th hour reprieve....I could still be saved after all. We asked for his name and he sent us an email outlining the process for 'applying for a work permit at the border'. He told my boss to redo the offer of employment on the employer portal and repay the employer compliance fee. He said with all that done everything should be fine. He said at the border they are much more accustomed to this process as it happens on a daily basis and the officers should be much more up to date regarding the policies. I needed more guarantees that this could be possible. It seemed too good to be true. we called 6 other times each time speaking to to a different agent. 4 from 6 said it was possible. the other 2 categorically said it was not possible and their colleagues has been misinformed. Then another lawyer told me not to go to the border as I will not get a work permit without having a valid one already and warning me that things could get messy. He said I could end up making my situation worse. But I was too curious now (and desperate) and felt I had nothing to lose. In my head all the positive people telling me it could be done knew their stuff and were as professional and authentic as they get and all the naysayers were lazy and didn't know what they were talking about. I was deluded but i didnt know that yet.
So I went to St. Bernard / La Colle border checkpoint with my girlfriend to flagpole with a renewed optimism. This was the last throw of the dice. We did the flagpoling procedure as indicated; we drove up to the US checkpoint but told the US guard we were here to apply for a work permit at the Canadian immigration office. He refused us entry to the US (sounds serious but its just standard procedure) as they are told to do in such circumstances and we went around and re-entered on the Canadian side and told the guy I wanted to apply for a work permit. He let us through, took our US refusal paper and we parked the car and entered the immigration office. It was empty and the Quebec border security staff seemed friendly and polite. It was promising. I gave the immigration officer my file and explained everything and why I was there; I told her I came on the advice of several Canadian Immigration agents which I hoped was accurate. I told her I had a CSQ, had applied for PR, had a job offer and my employer had paid the compliance fee. She took everything and went off and asked for my valid work permit. I told her it had expired and I currently had a visitor status. But i told her i was told by several agents that it wasn't necessary to have one. She seemed very dubious and went off. She came back and I could see in her face she wasn't coming with positive news. She told me (as before at the airport) that she couldn't issue me with a work permit as I didn't have a valid one. She said this is the condition for holders of a CSQ to be able to get a new one. The CSQ acts as a Labour Market Impact Assement exemption but only when you already have a valid work permit. In my situation the CSQ didnt act as an exemption because I had an expired work permit. She said my employer would have to do an LMIA to get me a work permit costing around $1000. She said I had been very misinformed along the way. She asked how long ago my work permit expired and I said 4 months and she gasped with surprise. I had a feeling in that moment that if it had been only a week or maybe even a few weeks she might have helped me out. I cursed my luck for not having come here the day I received my CSQ but in that time I didnt even know what flagpoling was. But now I know it would almost definitely have worked. She let me back in as a visitor after some routine questions. I told her I would go back to Ireland for a year with my girlfriend and come back when I got my PR approved. She seemed happy with that and let us through. She told me not to work as if I do and they find out my PR application would be seriously affected. I promised I wouldnt.
So thats it. All I can do now is to accept my fate. My quest for a work permit is over. It was a roller coaster 10 months and in some ways I feel relieved it is finally over. I am going back to Ireland in a few weeks for a year until my PR comes through. The positive thing I can take from all this is that I have the opportunity to apply for permanent residency with my CSQ obtained through the Experience Quebec program. Thats very significant. I would have liked to stay in the meantime and continued working but thats not going to happen now and they are looking to fill my position asap. I just couldn't manage to get that elusive second work permit. I was unlucky and naive in equal measures. The immigration process is a beast and if you don't manage to tame it and dominate it, it will eat you alive. Everyone will have a different opinion on what you should do and what can be done but take what they say with a pinch of salt. Only trust people once you do your own reseach and verify everything yourself. Give yourself lots of time to prepare everything properly. Leave yourself a good time margin in case of errors and delays. Be sure your application is fully complete and error free. Check and recheck everything 20 times before sending. Read and reread the policies, conditions and exemptions relevant to your personal situation. Dont always trust the Immigration Canada help desk agents. They also get confused with the complexities of their own system and are prone to giving bad advice. If you need quick advice and have a speciify question you need answering call a lawyer and they should give you some free advice over the phone. If your situation is complex you will have to pay for a consultation. Check the internet forums to see what happened to other people with comparable situations to yours. Be prepared to spend a lot of time reading complex and tedious material but trust me, it should all pay off. All your answers can be found on the Canadian Immigration website. You just have to know what questions to ask......and good luck!
