BC Work Permit at border (currently on implied status as visitor)

[Quink]

Hi all,

Great forum, there is a wealth of knowledge here! However I've searched around and cannot find my specific scenario so thought I'd ask - apologies if this is a reposted question.

I finally received my BC PNP approval last Friday 24th Oct, and it includes a work permit support letter for use at the border. My understanding is that I need to "flagpole" by visiting the border and showing this letter along with my job offer and passport, etc.

Here's the catch though. I have been on a temporary resident (visitor) visa as my work permit expired just before I originally applied for the BC PNP (I was unable to extend it and planned to stay in Canada as a visitor while waiting). Unfortunately given the length of time the BC PNP program has taken, this visitor status was due to expire on October 26th (last Sunday!!!). So I applied to extend my stay as a visitor on Friday 24th (literally hours before discovering my BC PNP approval in the mail box)!

This means that I'm currently in canada on implied status while I await a decision on my temporary resident visa. I have the confirmation letter from the myCIC website to prove I have an active application.

Questions:
1) Am I able to go to the border and flagpole for a work permit while I have another visa application pending (in this case for visitor status)?
2) Being on implied status, if there are any issues at the border will I have trouble being re-admitted to Canada?
3) If I am able to get a work permit at the border, what will happen to the temporary resident (visitor) visa? Will it over-ride the work permit if it is issued at a later date?

Thankyou in advance to anyone who is able to assist or can point me in the right direction to get further information.

 

[Quink]

Just wondering if anyone might be able to help? My work needs me back as soon as possible! What will happen if I go to the border on implied status?

 

[param17]

brother i will suggest you to go to some lawyer and have some advice. These questions are really tough to answer by us.

 

[Quink]

Thankyou, you're right these are unusual questions. I'm seeking advice from a number of places and was hoping maybe someone here might have been in a similar situation. Appreciate any help I can get, but I understand this is tough for people to answer on a forum.

Thanks for replying.

 

[Quink]

Just to follow up in case anyone else ever has a similar scenario and finds this in the archives...

I ended up waiting until my new visitor visa was approved before I went to the border. I didn't wait for the secure document in the mail, but just took the online letter telling me the document number. Everything went fine at the border with the flagpolling, and I asked the officer what would happen if I had have tried to do it while on implied status. He really wasn't sure, but basically said that I did the right thing waiting because flagpolling is a grey area as to whether you've really left Canada or not, and you definitely can't leave Canada on implied status.

So to answer my own questions for someone else's possible future reference:
1) No, you need to have the visa approved.
2) Yes, attempting to flagpole on implied status can cause issues (although they might still allow it - risky)
3) Unsure - I did not test this circumstance.

 

[ursbnp3]

Thanks Quink

Its really a great info
soon i will be in your situation
my work permit is expiring in Jan and i applied BC PNP in July, i am planning to apply for temporary residnet visa (visitor) in dec 2014.

 

[hfinkel]

Just to follow up in case anyone else ever has a similar scenario and finds this in the archives...

I ended up waiting until my new visitor visa was approved before I went to the border. I didn't wait for the secure document in the mail, but just took the online letter telling me the document number. Everything went fine at the border with the flagpolling, and I asked the officer what would happen if I had have tried to do it while on implied status. He really wasn't sure, but basically said that I did the right thing waiting because flagpolling is a grey area as to whether you've really left Canada or not, and you definitely can't leave Canada on implied status.

So to answer my own questions for someone else's possible future reference:
1) No, you need to have the visa approved.
2) Yes, attempting to flagpole on implied status can cause issues (although they might still allow it - risky)
3) Unsure - I did not test this circumstance.

Are you from a country outside North America that normally requires a labor market opinion in order to secure a normal work permit? If so, I would expect you would need to first apply and obtain your new visitor visa from CIC before you could flagpole. Flagpole is normally used to actually issue a visa that you have already applied for and approved. The only exception for this is the application for TN status under NAFTA which can actually be applied for at the border but this is the only exception I am aware of.

 

[Quink]

Yes, I definitely did need the visitor visa before I flagpolled (this was confirmed by the canadian border services officer when I did it yesterday). That's the main reason I came back to follow up - in case anyone else was considering trying to flagpoll while on implied status. The guy wasn't absolutely sure that it couldn't be done, but it sounded like it would cause significant problems. Not worth taking the risk crossing any borders while on implied status.

 

[lalabs120113]

hi, just curious with your case, did you say you applied bc pnp with an implied status? coz im on implied status now and want to reapply, just dont know if its posible...

 

[Quink]

hi, just curious with your case, did you say you applied bc pnp with an implied status? coz im on implied status now and want to reapply, just dont know if its posible...

That wasn't really the question of this thread, but yes, I did apply for PNP while on implied status (I went implied waiting for a visitor visa on April 27th 2014, and sent my PNP application early May 2014). By the time the PNP had received my application and sent me an AOR my visitor status had been approved - I don't know what would have happened if I was still implied at that point. However I don't see it being a problem.

It's hard to say how my situation is relevant these days, since so much has changed since then (there was no express entry, different PNP requirements, etc). But to the best of my knowledge, your current status and your application aren't strictly tied together. As long as you maintain your status in some way (and don't need restoration) then any applications for anything shouldn't be affected.

 

[barbour international]

Can we flagpole and get new WP under these conditions?

We (my husband and I) have applied for BC PNP earlier this year.

While waiting for the decision our status was about to expire, so my husband applied for SP and I applied for OWP based on his SP.

Received new SP and OWP. Expiry: DEC 01 2016

In December received BC PNP with WP support letter from them.

Can we flagpole using BC PNP Support letter and get a WP for my husband and a WP for me (even though I have on already).

Main question is how to get work permit for my husband in these conditions, is it possible?

Thanks