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Approved LMIA - Flagpoling on implied status

sabinous

Newbie
Jan 6, 2019
7
0
Hi everyone,

My partner and I (we are an aussie and a brit) are both currently on implied status but we have just received a positive LMIA.

From all my research it looks as if we can go and flagpole to obtain our new work permits. We will have to do biometrics at the border but that is not an issue.

Does anyone know of any issues with this plan of ours??

We originally paid for our work permits online when we submitted them to then get our implied status, does anyone know if we would have to pay again at the border?

Thanks!
 

sabinous

Newbie
Jan 6, 2019
7
0
Just wanted to leave a comment about our successful flagpoling experience.

We went to Whitefish, Montana for the night and crossed the border at Roosville, BC. It took about 2 hours to receive our approved work permits and we did our biometrics at the border as well. I had a copies of our work permit application that I had previously submitted to obtain implied status, as well as the approved LMIA, qualifications, job offer/contract for my partner. As I was receiving an open work permit as his common law spouse, we both had the statutory declaration of common law which had been notarized by a lawyer. No where have I read that you need to provide proof of your common law relationship. At the border they asked to see a joint bank statement, leases, bills etc... Luckily I had this information saved on my laptop and they didn't require it to be printed. We had to pay again at the border and had the additional biometrics cost, I forgot to ask the border agents about the money I had already paid for our original application. I will try and figure out if we can receive a refund for that today. They did advise us that we need to update our SIN numbers and we won't be able to work until that is updated. We have both spoken to our employers and they are willing to let us work before that is updated, so I'm not entirely sure what is correct.

I was emailed this information from CIC when I spoke to them on the phone recently. I found it very useful when getting our documents together....

Good day,

Thank you for contacting Immigration, Refugees and Citizenship Canada. As discussed, you will find below complementary information to our conversation:


Work permit - Applying at a port of entry

In certain situations, you may apply for a work permit when you enter Canada if you:

An officer will ask you questions to make sure that you meet all the requirements before allowing you to enter Canada. You will not need to fill out an application form; however you will need to bring the following documents with you:

  • Payment of $155*,
  • (If applicable) Additional payment of $100 for open WP applicants,
  • Job offer or contract,
  • LMIA or proof that you do not need one,
  • (If applicable) An offer ID number provided by the employer,
  • Proof that you have the required qualifications and experience,
  • Valid passport/Travel document**, and
  • Depending on your circumstances, you may be asked:
  • If you applied for a permit before going to the port of entry and you received a letter of introduction from the IRCC office stating that your application was approved, you will need to present this letter so that your permit can be issued.
To find the port of entry closest to you which offers immigration services, please visit the Canada Border Service’s website.

*Ports of Entry accept cash (Canadian and American currency), credit cards (Visa®, MasterCard®, American Express®), money order, traveller’s cheque and certified cheques made out to the Receiver General of Canada.

**Citizens and permanent residents of the United States, St. Pierre and Miquelon, and Greenland do not require a passport. However, they do require proof of status and citizenship, such as a birth certificate, national identity card or an alien registration card.

Implied status - Temporary resident

As a temporary resident, it is important to apply to extend your stay in Canada, if necessary, before it expires. Following submission of the application, you are considered to have implied status.

  • If you apply to extend your stay at the latest on the expiry date of your status:
    • you will be considered in status as a temporary resident until a decision is made on your application.
  • If you apply for renewal of your work or study permit at the latest on the expiry date of your status, and your permit expires before a decision is made:
    • you can continue working or studying under the same conditions as your existing permit, as long as you remain in Canada.
Leaving and re-entering Canada while under implied status:

You may be authorized to re-enter Canada:

  • As a temporary resident, if your application to extend your stay has not yet been approved (if applicable, it will be important to wait until you receive your new permit before you start to work/study):
    • this applies to you if, among other things:
      • you are temporary resident visa (TRV) exempt,
      • you hold a valid multiple-entry visa, or
      • you have travelled only to the United States (including its Territories and Possessions) and/or St.Pierre and Miquelon,
  • As a worker or student:
    • if the officer determines that your application to extend your permit was approved while you were outside Canada, or
    • if you are eligible to apply for a new work or study permit at your arrival in Canada.
An officer will ask you questions to see if you meet all of the requirements before allowing you to come back to Canada.

Proof of implied status:

It is recommended that you provide these documents to prove that you have implied status:

  • Your expired immigration document,
  • (If the application was submitted by paper) A copy of the application to extend your stay sent to the Case Processing Centre before the expiration date of your status,
  • (If the application was submitted online) A copy of the Confirmation of Online Application Transmission message in your online account,
  • A copy of the fee payment receipt included with the application, and
  • (If applicable) A delivery confirmation from the postal service provider used to send the application.
More information on implied status is also available on our website.
 

kumar121

Full Member
Apr 24, 2018
37
4
Hi All,

Can someone guide me with my doubts ..

My Employer Received Positive LMIA and I have 3 months time to Apply for my Work-Permit.


What all documents should I have with me? I am on study permit

Thanks
 

Sukhwinder1985

Full Member
May 5, 2018
47
9
Hi I have also have approved LMIA Can I go to border for Work Permit as nor condition on border , some people are asking that they still process applications and some are saying that border are closed kindly help me out from this saturation as I am not vistor visa from last 1 Years I have arrive in Canada on 10 April and I have extend my stay over here which was also expired in April I am apply for extension before expiring the same .
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Hi I have also have approved LMIA Can I go to border for Work Permit as nor condition on border , some people are asking that they still process applications and some are saying that border are closed kindly help me out from this saturation as I am not vistor visa from last 1 Years I have arrive in Canada on 10 April and I have extend my stay over here which was also expired in April I am apply for extension before expiring the same .
Flagpoling is not essential, so no.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,421
Hi I have also have approved LMIA Can I go to border for Work Permit as nor condition on border , some people are asking that they still process applications and some are saying that border are closed kindly help me out from this saturation as I am not vistor visa from last 1 Years I have arrive in Canada on 10 April and I have extend my stay over here which was also expired in April I am apply for extension before expiring the same .
Seems pretty clear here that flagpoling not considered essential

https://www.cbsa-asfc.gc.ca/noncan-eng.html
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
It is possible without flag poling on border convert visa
No. You can't flagpole and you can't change your status within Canada. You would have to submit an outside Canada application and if approved (many months down the line given the current pandemic delays), you would still have to actually leave and re-enter Canada in order to activate the work permit.
 

scylla

VIP Member
Jun 8, 2010
97,250
23,075
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Anyone have idea how time take this open border for flag poling
Until the end of May for now. But entirely possible it will be extended. The closure has already been extended once.
 

Micmanuel38

Newbie
Dec 12, 2020
3
0
I got my visit visa, valid for 5 years ,however, on the stamp my middle name was wrongly spelled as such :MICHEAL instead of MICHAEL.
Would i be allowed to enter canada or must I rectify this before moving?