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Flagpoling for LMIA while waiting for Visitor extension

ldrbjp

ldrbjp

Hero Member
Oct 11, 2012
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Here's my brother's situation:

Landed here as a visitor 6 months ago with hopes of finding work in his area (has experience as cook back home) and applied for visitor extension 1 month ago. While waiting for the outcome of the extension, he got an offer with LMIA from a restaurant. We are thinking to go to the border and do the flagpoling, through which he could get a closed work permit instantaneously

Questions:
  • Is flag poling allowed in this scenario?
  • Given the visitor extension request in progress, would that raise any red flags that would result in:
    • rejection of work permit
    • refusal of his entry back into Canada at that point
 
N

Naturgrl

VIP Member
Apr 5, 2020
44,876
9,501
ldrbjp said:
Here's my brother's situation:

Landed here as a visitor 6 months ago with hopes of finding work in his area (has experience as cook back home) and applied for visitor extension 1 month ago. While waiting for the outcome of the extension, he got an offer with LMIA from a restaurant. We are thinking to go to the border and do the flagpoling, through which he could get a closed work permit instantaneously

Questions:
  • Is flag poling allowed in this scenario?
  • Given the visitor extension request in progress, would that raise any red flags that would result in:
    • rejection of work permit
    • refusal of his entry back into Canada at that point
Click to expand...
Did he travel to Canada on an ETA. Does he have a US visa? If not then no, you can’t flagpole on a visitor visa. He applies online, and shows his experience to work in a restaurant.

The following foreign nationals are permitted to Flagpole:

  1. Residents of visa-exempt countries with an LMIA-exempt job.
  2. Residents of visa-exempt countries in possession of a positive LMIA.
  3. Residents of the U.S., St. Pierre & Miquelon and Greenland.
  4. Residents of visa-required countries already in possession of a study or work permit (flagpoling for the purposes of renewal).
 
ldrbjp

ldrbjp

Hero Member
Oct 11, 2012
262
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Thanks for the response, Naturgrl. He doesn't have a US visa and I'm not sure what ETA is. He is an Indian.

With the above, he has no option to flagpole at all?
 
C

Cassiano

Hero Member
Dec 4, 2017
289
78
ldrbjp said:
Here's my brother's situation:

Landed here as a visitor 6 months ago with hopes of finding work in his area (has experience as cook back home) and applied for visitor extension 1 month ago. While waiting for the outcome of the extension, he got an offer with LMIA from a restaurant. We are thinking to go to the border and do the flagpoling, through which he could get a closed work permit instantaneously

Questions:
  • Is flag poling allowed in this scenario?
  • Given the visitor extension request in progress, would that raise any red flags that would result in:
    • rejection of work permit
    • refusal of his entry back into Canada at that point
Click to expand...
yes,,, just do it, the border cancel the visitor extension, no problem.
 
ldrbjp

ldrbjp

Hero Member
Oct 11, 2012
262
14
Job Offer........
Pre-Assessed..
Naturgrl said:
Didn't say that. Does he meet any of the statements I posted to flagpole?
Click to expand...
sorry, I misunderstood. He is in Canada on Visitor visa and from a Visa required country. He got a job offer from an employer who has an LMIA. Do you think he can flagpole?
 
S

Shahid12

Hero Member
Nov 9, 2019
314
17
ldrbjp said:
sorry, I misunderstood. He is in Canada on Visitor visa and from a Visa required country. He got a job offer from an employer who has an LMIA. Do you think he can flagpole?
Click to expand...
Good Luck I did flag pole and approved work permit. It all depends on the officer, Make sure you are prepare everything.
For me they questioned for 45 min and took 2 hrs before they approve it.

I accompanied my dad, he could not speak English.
 
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S

Shahid12

Hero Member
Nov 9, 2019
314
17
Documents to take with you.
Positive LMIA, Job offer
Reference Letter ( Previous Employer)
Medical
PCC ( Optional If they ask)
Be early in the morning for sure.
 
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ldrbjp

ldrbjp

Hero Member
Oct 11, 2012
262
14
Job Offer........
Pre-Assessed..
thank you so much Shahid12. Does all the docs need to be hard copies or electronic copies suffice?
 
ldrbjp

ldrbjp

Hero Member
Oct 11, 2012
262
14
Job Offer........
Pre-Assessed..
couple of follow up questions on the same thread

  1. IF the Flagpoling is a rejection (for closed work permit), can my brother enter Canada? His visitor record extension request is in progress and no outcome yet
  2. Learnt a representative can go to the border along with the applicant. Can that be me (his sibling)?
 
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