Applying for work permit extension/renewal at Canadian/US border

[MasterGeek]

CIC websites says that in order to be eligible to apply for a work permit as you enter canada (at Port Of Entry), you must meet the following requirements:

you are temporary resident visa exempt and
your job does not need a labour market opinion from HRSDC (some exceptions apply) or
you hold a labour market opinion from HRSDC.

If you are from a country whose citizens normally require a visa in order to enter Canada, can you still argue that you are actually "temporary visa exempt" by invoking this regulation and so be eligible to extend work permit in person in order to avoid the long delays of online and mailed applications ?
http://www.cic.gc.ca/english/work/extend-stay.asp#leave

If you are a citizen of a country that requires a temporary resident visa to travel to Canada, you must also have a valid entry visa to return, unless you are returning to Canada from the United States, Greenland or Saint-Pierre et Miquelon and the period initially authorized for your entry or any extension to it, as a visitor, student or worker has not expired.

 

[MasterGeek]

Nobody has an opinion or experience with this procedure ?

 

[MasterGeek]

http://www.canlii.org/en/ca/laws/regu/sor-2002-227/latest/sor-2002-227.html#Division_5_Temporary_Resident_Visa_Exemptions_414919

Division 5

Temporary Resident Visa Exemptions

.........
.........
Visa exemption — purpose of entry

(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

(a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,

(i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or

(ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

(b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and

(i) they are in possession of a visa to enter the United States and their flight is bound for that country, or

(ii) they were lawfully admitted to the United States and their flight originated in that country;

(c) to transit through Canada as a passenger on a flight if the foreign national

(i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,

(ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and

(iii) is in possession of any visa required to enter the country of destination;

(d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;

(e) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States;

(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and

(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;
...

http://www.canlii.org/en/ca/laws/regu/sor-2002-227/latest/sor-2002-227.html#sec198subsec1

Division 2

Application for Work Permit

........
........

Application on entry

198. (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

Exceptions

(2) A foreign national may not apply for a work permit when entering Canada if

(a) a determination under section 203 is required, unless

(i) the Department of Human Resources and Skills Development has provided an opinion under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment or employment as a live-in caregiver — to the foreign national, or

(ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;

(b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(4); or

(c) the foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada.

 

[watchpu5hp]

Nobody has an opinion or experience with this procedure ?

Somebody has done it already

refer to link bellow
http://www.canadavisa.com/canada-immigration-discussion-board/new-work-permit-issued-today-at-poe-t113667.0.html

 

[MasterGeek]

I successfully did it too. My TRV was expired but I still had a valid work permit which allowed me to reenter Cnnada and apply for renewal at the border immigration service.

 

[jas1525]

Hi.. I am working as live in caregiver for 5 months in Toronto, I am planning to move in Nova scotia as restaurant helper. Is it possible to get a possitive LMO and have my new work permit?.. if not, if i want to continue under LCP do i need to start again for 24 months to qualify in applying my PR?.. Need your help! thank you..

 

[astasi]

@MasterGeek: would it be correct to say that it is okay to FLAGPOLE with a valid work permit though your TRV may have expired.

 

[MasterGeek]

@ MasterGeek: would it be correct to say that it is okay to FLAGPOLE with a valid work permit though your TRV may have expired.

Yes, I did it myself Check the references and laws I quoted in my above posts.

 

[job_seeker]

If you can show you qualify then why not? You don't need to start again, under LCP. Months are cumulative.

Hi.. I am working as live in caregiver for 5 months in Toronto, I am planning to move in Nova scotia as restaurant helper. Is it possible to get a possitive LMO and have my new work permit?.. if not, if i want to continue under LCP do i need to start again for 24 months to qualify in applying my PR?.. Need your help! thank you..

 

[astasi]

@ MasterGeek: Could please advise what all papers one is required to present at the border for new WP. As from the posts & the website of CBSA it not mentioned using the IMM 5710 form (Application to Change Conditions or Extend Your Stay in Canada as a Worker).

TIA.

 

[astasi]

Hi MasterGeek,

What are the options of paying the $150 work permit fees? Can one pay by cash/ debit/ credit card?

Many thanks.

 

[MasterGeek]

@ MasterGeek: Could please advise what all papers one is required to present at the border for new WP. As from the posts & the website of CBSA it not mentioned using the IMM 5710 form (Application to Change Conditions or Extend Your Stay in Canada as a Worker).

TIA.

You need all the documents normally required for a mailed application, except the application form.

 

[MasterGeek]

Hi MasterGeek,

What are the options of paying the $150 work permit fees? Can one pay by cash/ debit/ credit card?

Many thanks.

They accept cash, debit, mastercard and visa credit cards.

It's always good to carry cash anyways in case you lose your card or the card payment network is down.

 

[rosemarie ermitanio]

Nobody has an opinion or experience with this procedure ?

 

[sandylew]

I am going to do the same thing. I am NOT from visa-exempt country, and my WP will be expired at the end of this month. I possibly will get a positive LMO from a new employer next week. I want to go to the border and apply for the new WP, but would the border server reject me to come back Canada, since my work permit will be expired in a few days?