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Flagpoling advice - any help would be appreciated

duxen

Newbie
Feb 22, 2014
4
1
Hello
I was wondering if someone could give me some information about the flagpoling process, I recently got an offer from a company and they already got me my LMO, job offer and all the things necessary to just go to the border and apply for the new work permit.

Now, my situation is this, I'm an immigrant from Mexico and I've been legal in Canada through a current work permit (closed WP from my last employer) that expires on 2015, althought my contract was just for June 2013 for that company, (I guess it was easier for the company to request it for that amount of time), after June I started looking for work and had some interviews, some of them were promising and said that would check for the LMO but never came back to me, this kept happening through the rest of the year due to this I couldn't renew my temporal resident visa that had an expiry date of August 30, 2013 (this visa was applied during student permit status, I couldn't renew due the constant interviews and knowing that the process of renewing would take 3 months at most).

I currently just hold my valid passport and valid work permit and the paperwork of the company for the new work permit to be applied, so my question is that if there would be a problem when doing the flagpoling to apply my work permit without a valid TRV and going back to Canada, some friends that were in the same situation (no valid TRV from a visa required country) said that they were able to do the flagpole, and I read in another post this:

"Flagpoling:
A Guide for Canadian Workers

But what about those from TRV-Required countries?

Many people are unaware that those from TRV-required countries are ALSO eligible to flagpole at the Canadian Point of Entry under Regulation 190 (3)(f)(i) and (ii) which state:

190. (1) Visa exemption – purpose of entry – 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
(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

In plain English, this means that if you already have a Canadian work or study permit and are from a TRV-required country, you are also eligible to apply for a work permit at the port of entry (flagpole)."

This may feel that I already have the answer of the process on what I'm writing, but I still feeling nervous that I wouldn't be able to come back to Canada or lose this job opportunity, any advice or help would be greatly appreciated

I'm planning to go to the Peace Arch in Vancouver, BC soon for that processs.

Thanks
 

duxen

Newbie
Feb 22, 2014
4
1
Re: Flagpoling advice, Vancouver- any help would be appreciated

Just thought of giving a follow up of this topic, we arrived at the Peace Arch border, we parked our car in the parking lot of the cbsa offices, you can park there or in the duty free parking lot or in the peace arch park parking lot, there is no need to get the car through the US booth, parking the car before getting to the border and walking is way faster, so after this we just walked to the cbsa and crossed the door, the agent told us to follow the path and go to the US offices, the US offices are on the left side of the booths on the street in direction Vancouver-Seattle, follow the walkway and when arriving there will be an officer, you will tell him that you are are applying for a work permit and require to do the process of flagpoling, he will direct you to inside the office, once inside you go to the line "C" that is for pedestrian.

Time inside the US offices took the longest, there were some agents working and even that our line wasn't too many people, took us an hour so an agent could give us our paper but in the end it was fine, the paper should say that they refuse you the entry to the US so you have to come back to the cbsa with that, so, back we go, now walk to the cbsa on the street at your right hand in direction Seattle-Vancouver, cross the glass door and wait for the agent to check your papers, you just tell him that you came to apply for a work permit, he will check your passports, check the flagpole paper and give you another paper, after that you are back to the Canada side, get inside to the CBSA building through the door at your left, once inside, you just give your documents (lmo, job offer, passport, old permit) and based on that they will decide to give you the work permit you are requesting.

I just had to say that the whole journey was pretty straightforward and at no point they requested the Canadian TRV, when we were at the US offices they checked my American visa, but in the case you don't have an American visa I don't think there would be a problem (I'm saying this because a friend also went for his work permit without Canadian or American TRV's and had no problems).

I hope this topic can help someone that would be in the same situation that I was, it will give you peace of mind and lower the stress thinking you might not be able to return to the country at all.