Applying at port of entry

[Montreal_grad_student]

Apologies if a thread on this already exists...

Context: I have a CSQ and pending PR application (QSWP) no AR yet.
Currently in US on H1B.

Grad student in Canada on a study permit but won't defend PhD diss. till late fall. Meanwhile, I have full-time job opportunity.

Problem: it's not a new job offer per se. I have been teaching at this place part-time for a few years. As of last year, I was given a full-time contract, but I was on leave so I didn't actually work full-time, or at all. The CEGEP where I teach is refusing to give me a job offer letter. They're claiming that it's not a new job and that even though I will have full-time work (3 or 4 courses in the fall semester), I'm not a permanent teacher yet, so no offer... In fact, they won't even confirm what courses I'm teaching until the start of term.

I'm planning on asking the border agent next time I drive into Canada if I can apply for a work permit but not sure what kind or if it will be possible. Given that I have CSQ, would I be LMIA exempt?

More importantly, how much can I try to contextualize the situation when talking to an agent? Can I explain, for example, that I have a letter confirming that I am CURRENTLY employed by this place and show most recent contract and explain that each year I gain more seniority and that if I had full-time work last year, I'm guaranteed full-time work now but that the College won't issue the letter because, well, they're &#$%#$@#&!!

Can I explain that I'm defending my diss. in October after which I'll apply for a PGWP, and that basically I just want a closed work permit to work for this one employer till Dec.?

 

[canuck78]

Apologies if a thread on this already exists...

Context: I have a CSQ and pending PR application (QSWP) no AR yet.
Currently in US on H1B.

Grad student in Canada on a study permit but won't defend PhD diss. till late fall. Meanwhile, I have full-time job opportunity.

Problem: it's not a new job offer per se. I have been teaching at this place part-time for a few years. As of last year, I was given a full-time contract, but I was on leave so I didn't actually work full-time, or at all. The CEGEP where I teach is refusing to give me a job offer letter. They're claiming that it's not a new job and that even though I will have full-time work (3 or 4 courses in the fall semester), I'm not a permanent teacher yet, so no offer... In fact, they won't even confirm what courses I'm teaching until the start of term.

I'm planning on asking the border agent next time I drive into Canada if I can apply for a work permit but not sure what kind or if it will be possible. Given that I have CSQ, would I be LMIA exempt?

More importantly, how much can I try to contextualize the situation when talking to an agent? Can I explain, for example, that I have a letter confirming that I am CURRENTLY employed by this place and show most recent contract and explain that each year I gain more seniority and that if I had full-time work last year, I'm guaranteed full-time work now but that the College won't issue the letter because, well, they're &#$%#$@#&!!

Can I explain that I'm defending my diss. in October after which I'll apply for a PGWP, and that basically I just want a closed work permit to work for this one employer till Dec.?

How did you have full-time work last year if you were a student or you were on leave? There are only certain position that would make you LMIA exempt but you would still need to qualify for a WP.

 

[Montreal_grad_student]

How did you have full-time work last year if you were a student or you were on leave? There are only certain position that would make you LMIA exempt but you would still need to qualify for a WP.

I was on leave so I didn’t actually work full time but I was offered the a full time contract at one point.

 

[canuck78]

I was on leave so I didn’t actually work full time but I was offered the a full time contract at one point.

How did you work if you were on leave from your studies? Did you obtain a WP?

 

[Montreal_grad_student]

How did you work if you were on leave from your studies? Did you obtain a WP?

Sorry, it looks like there’s some confusion. I wasn’t on leave from my studies. I was still enrolled. I was on leave from my teaching job (professional development leave) and I have been living and working in the US.
I didn’t obtain a work permit as I was just offered the full time contract. I didn’t actually work.

 

[canuck78]

There is no way for you to return to Canada and get a WP at the border to work full-time at the CEGEP until you defend you PhD.

 

[Montreal_grad_student]

There is no way for you to return to Canada and get a WP at the border to work full-time at the CEGEP until you defend you PhD.

Thanks for your response.
Do you mean on a PGWP?

IRCC says that if you have a CSQ you’re LMIA exempt and with a pending PR application and a job offer (during pandemic), you can apply for an open work permit, no?

 

[canuck78]

Thanks for your response.
Do you mean on a PGWP?

IRCC says that if you have a CSQ you’re LMIA exempt and with a pending PR application and a job offer (during pandemic), you can apply for an open work permit, no?

But you are still on you study permit and need to remain on your study permit to defend your PhD

 

[Montreal_grad_student]

But you are still on you study permit and need to remain on your study permit to defend your PhD

Ah I see. So you think university won’t let me register for “thesis evaluation” if I’m on a work permit? Technically I’ve reached time limitation and would only be able to register for thesis eval anyway...

 

[scylla]

Ah I see. So you think university won’t let me register for “thesis evaluation” if I’m on a work permit? Technically I’ve reached time limitation and would only be able to register for thesis eval anyway...

No - you can't complete your thesis on a work permit.

You need to be on a study permit to complete your PhD in Canada. It's not about what the school will or will not allow, it's about immigration rules. If the total duration of the program is greater than six months (which yours is), then you require a study permit.

If you complete your PhD without a study permit, this will be classified as unauthorized studying from an immigration perspective.