Can I leave Canada while waiting for a PNP?

[jw6096]

Hi there,

I'm in the process of applying for my PNP for which I received an acknowledgement of receipt on the 30th July. My last work permit expired last month but the immigration consultant I am using (the same as I have done for the past 3 years) failed to make an application for a work permit extension so I lost out on implied status and the ability to work. Instead, they applied for an accelerated LMO which I received this week.

My plan was to drive to the US border to hand over the LMO and hopefully get a new work permit, however my immigration guy has said I can't do this as I am currently in Canada illegally! Instead he says I have to fly out of Canada, stay abroad for a couple of days, then come back through. I thought that because I had a PNP application, I would have an implied status (which I have since seen otherwise) or at least be able to stay in the country. If this isn't the case then obviously I'll be leaving straight away.

My questions are:

Am I actually in Canada illegally and will I get pulled up for it at the border?
Is there any difference in me doing a flagpole loop at the US border and going through the airport?
If I leave Canada, will my PNP application become invalid?
My objective is to get back to work asap, is there any other advice on what I can do in this situation?

Many Thanks.

 

[Holygun]

Hi there,

I'm in the process of applying for my PNP for which I received an acknowledgement of receipt on the 30th July. My last work permit expired last month but the immigration consultant I am using (the same as I have done for the past 3 years) failed to make an application for a work permit extension so I lost out on implied status and the ability to work. Instead, they applied for an accelerated LMO which I received this week.

My plan was to drive to the US border to hand over the LMO and hopefully get a new work permit, however my immigration guy has said I can't do this as I am currently in Canada illegally! Instead he says I have to fly out of Canada, stay abroad for a couple of days, then come back through. I thought that because I had a PNP application, I would have an implied status (which I have since seen otherwise) or at least be able to stay in the country. If this isn't the case then obviously I'll be leaving straight away.

My questions are:

Am I actually in Canada illegally and will I get pulled up for it at the border?
Is there any difference in me doing a flagpole loop at the US border and going through the airport?
If I leave Canada, will my PNP application become invalid?
My objective is to get back to work asap, is there any other advice on what I can do in this situation?

Many Thanks.

In your case I wouldn't leave Canada, stay in and apply for work permit extention with your new LMO.
Why was your consultant failed to apply for your work permit what was the reason??

 

[jw6096]

When I got to within a few weeks of my work permit running out, my immigration consultant informed me that if we applied for a work permit extension, I would not receive it before the current permit expired as the processing time was too long. They suggested an accelerated LMO instead but neglected to tell me that I would be given implied status upon receipt of a work permit extension application.

If I could stay in Canada and wait to get my next work permit with the LMO then I would, but apparently it is taking 8 weeks to get a restoration, during which time I would be unable to work, and after which I will probably have my PNP anyway.

I was hoping I could just come through a port of entry, hand over the LMO and get a new work permit. I can't really afford to take another 2 months off work!

 

[Reihz]

That is not a problem as long as you stay on the same employer..you don't have to go out of Canada, just wait for your restoration and you don't have to worry about going out. Speaking from my own experience. I got restoration twice and i never get out of Canada.