Did you FLAG POLE around border to get WORK PERMIT? Please respond with result

[Kat911s]

Hi. I wanted to update this in case it was helpful to anyone else- yesterday I went "round the flagpole", and recieved a new work permit. I decided to risk it without the Restoration of Status. I brought with me my new LMO, my job offer letter and contract, my CV and a few training certificates from my job. I also brought an e-mail from the CIC explaining that it is ok to apply for a twp at the border if you have a positive LMO. My boss drove me down to the Peace Arch crossing, and we went through the American side and told them I wanted to circle back in and get a new TWP on the Canadian Side. He wrote "FLAGPOLE" on a peice of paper, made a few jokes about us not wanting to come to America and sent us back round to the Canadian side. There was a very thorough investigation of both of us, and the officer warned me that I should not have been in the country after the expiration of my WP and should have waited for the LMO outside of Canada. I pointed out I was within 90 days, and showed the efforts I had made to do things correctly and legally. He seemed to be in agreement that I was trying to do things correctly, and eventually did issue the TWP. I paid the $150, and was admmitted. There was a mention of the $200 restoration fee, but in the end it was not charged. So, big sigh of relief- thanks to all of the senior members here that advise us newbies! Next stop PR!

Quote from: job_seeker on September 02, 2010, 10:21:37 pm
In my case, I also drove to the border with the new LMO but I have applied for restoration so there was no discussion about having left and waited outside Canada, but I was able to get a refund because there's no need for the restoration anymore having had the WP.

My partner's WP expired Feb 1 2012. He applied for Restoration of Status and WP extension March 8, 2012 (with positive LMO). Now his employer really wants his work permit, they're getting impatient. The CIC call centre said he could try to flagpole, but I'm worried because he's already applied for restoration of status. Can he flagpole the border now?? (even though the above posts say you should do it within 90days)

How come more people don't flagpole the border if it's quicker than waiting for CIC offices?

 

[rachiy]

I have flagpoled twice.
The first time I had been out of status for over seven months (immigration consultant never sent in paperwork which she said she had and I thought it was just taking forever to be processed - as per processing times on cic website). I had just received a positive LMO for new employer when i found out my restoration of status app was never sent in. I used an expensive immigration lawyer and with full documentation proving that it was not my fault and that I as soon as I found out I had taken immediate steps to solve it I was sent to the border where a compassionate immigration officer allowed me back in on a visitor visa while I got everything else sorted for my work permit. A few weeks later I was back to flag pole again to get work permit.

I am not sure where exactly you are located, but which border you use makes a huge difference - although its not supposed to. I am in Calgary, and if I went to the main border crossing I would probably have been deported - my lawyer made sure I was going to the right one and even said that any lawyer or consultant that sends you to that particular one when there is anything strange with your circumstances is (in his opinion) equivalent to malpractice.

I would recommend getting a legal consult and doing your research about the borders closest to you before jumping in the car, but if you get the go ahead then it is well worth it. A little bit of gas and a few hours out of your day can mean starting work weeks/months earlier than waiting for a paper or online app to be processed.

 

[rachiy]

Hey,
In response to your other questions, yes I paid the $150 WP fee at the border, and then later on I was able to phone immigration and get a refund of the $275 that I had previously paid online for my restoration to visitor status which was never sent in.
If I was in your situation I would get a legal consult. Immigration lawyers are far more expensive than immigration consultants, but you pay for what you get and in my opinion its worth the $300-400 to get advise (but not the thousands for them to do the work for you).

 

[carolk]

I have flagpoled twice.
The first time I had been out of status for over seven months (immigration consultant never sent in paperwork which she said she had and I thought it was just taking forever to be processed - as per processing times on cic website). I had just received a positive LMO for new employer when i found out my restoration of status app was never sent in. I used an expensive immigration lawyer and with full documentation proving that it was not my fault and that I as soon as I found out I had taken immediate steps to solve it I was sent to the border where a compassionate immigration officer allowed me back in on a visitor visa while I got everything else sorted for my work permit. A few weeks later I was back to flag pole again to get work permit.

I am not sure where exactly you are located, but which border you use makes a huge difference - although its not supposed to. I am in Calgary, and if I went to the main border crossing I would probably have been deported - my lawyer made sure I was going to the right one and even said that any lawyer or consultant that sends you to that particular one when there is anything strange with your circumstances is (in his opinion) equivalent to malpractice.

I would recommend getting a legal consult and doing your research about the borders closest to you before jumping in the car, but if you get the go ahead then it is well worth it. A little bit of gas and a few hours out of your day can mean starting work weeks/months earlier than waiting for a paper or online app to be processed.

In order to flag pole, do I need a valid visa to re enter canada? My work permit and visa are expired. Please advise

 

[rachiy]

To get back into Canada you must be eligible.
If your work permit and visa are both expired then you will be taking a risk leaving the country. What are your plans for staying in Canada? Are you waiting on another work permit which has already been applied for? If you are then do not leave the country! If you have already applied for a new work permit then you will be on implied status so you just need to wait it out. If you have not done anything and have overstayed your permit and visa then you have no status, and depending how long since everything expired going to the border is not advised! You need to resolve your lack of status first.
It also depends on which country you are originally from.

 

[carolk]

To get back into Canada you must be eligible.
If your work permit and visa are both expired then you will be taking a risk leaving the country. What are your plans for staying in Canada? Are you waiting on another work permit which has already been applied for? If you are then do not leave the country! If you have already applied for a new work permit then you will be on implied status so you just need to wait it out. If you have not done anything and have overstayed your permit and visa then you have no status, and depending how long since everything expired going to the border is not advised! You need to resolve your lack of status first.
It also depends on which country you are originally from.

Thanks for your reply. I already apply to restore status for my work permit with a positive LMO on april 23. My employer is not very happy since I lost status on March 7. I've been out of work for more than two months.

 

[Linda1985]

Question..? which border did You go to get Your New Work Permit...? I live in Edmonton and closest one would be Coutts but as I have heard its very thought border to Cross.. and get Your paper work done..?

 

[rachiy]

Coutts is the one i was referring to as being terrible. There are many other much smaller crossings in alberta which are fine. If there is anything slightly complicated with your situation avoid Coutts at all costs.

 

[astasi]

Hi,

I have a valid work permit but an expired temporary resident visa. I have a new job offer with a valid LMO from a new employer. I was wondering would it be prudent to FLAGPOLE for a new work permit without a TRV as my new employer wants me to start work ASAP and not happy waiting for 2 months (I have already applied for new work permit online).

Secondly which would be suitable border to visit. I am based in Edmonton.

Any suggestions would be much appreciated.

Thanks in advance.