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Got LMIA approved and travelling on Visitor Visa from India

jbjnikesh

Member
Mar 17, 2014
17
1
Dear Friends,
I live in India and just got LMIA approved and Job offer from Alberta. I have travel planned on May 31st (Travelling on Visitor visa) . Wondering if I should apply for work Permit at Port of Entry or should wait to enter the country and then apply for Work permit. Anyone else in similar situation? Another option I read about is enter the country and the do flagpoling to get work permit. Thanks for your time.

Regards,
Nancy
 

canuck78

VIP Member
Jun 18, 2017
55,684
13,553
Dear Friends,
I live in India and just got LMIA approved and Job offer from Alberta. I have travel planned on May 31st (Travelling on Visitor visa) . Wondering if I should apply for work Permit at Port of Entry or should wait to enter the country and then apply for Work permit. Anyone else in similar situation? Another option I read about is enter the country and the do flagpoling to get work permit. Thanks for your time.

Regards,
Nancy
You have no other option but to apply online given your profile. Processing times are many months (often around 6 months) and you can’t work during that period. Even with an approved LMIA a WP is not guaranteed to be approved.
 

KShehzad

Member
Jun 2, 2023
15
7
Dear Friends,
I live in India and just got LMIA approved and Job offer from Alberta. I have travel planned on May 31st (Travelling on Visitor visa) . Wondering if I should apply for work Permit at Port of Entry or should wait to enter the country and then apply for Work permit. Anyone else in similar situation? Another option I read about is enter the country and the do flagpoling to get work permit. Thanks for your time.

Regards,
Nancy
Hi jbj
I've a similar situation and planning to travel later this month. I'd appreciate your experience in this regard.
Thanks.
KS.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi jbj
I've a similar situation and planning to travel later this month. I'd appreciate your experience in this regard.
Thanks.
KS.
You cannot apply for the work permit at the POE.

Make sure you are traveling with a return ticket since you are coming as a visitor.
 
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KShehzad

Member
Jun 2, 2023
15
7
You have no other option but to apply online given your profile. Processing times are many months (often around 6 months) and you can’t work during that period. Even with an approved LMIA a WP is not guaranteed to be approved.
Isn’t flag polling a swift option to covert into WP? What’s your take on this?
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Isn’t flag polling a swift option to covert into WP? What’s your take on this?
It might work or it might not. You don't hold a visa exempt passport and sometimes CBSA doesn't like it when people try to find loopholes, especially if you entered on a TRV knowing you already had an LMIA approved. CBSA could look at this as an abuse of the TRV or they may not care and grant you the work permit. It's hard to say.
 

KShehzad

Member
Jun 2, 2023
15
7
It might work or it might not. You don't hold a visa exempt passport and sometimes CBSA doesn't like it when people try to find loopholes, especially if you entered on a TRV knowing you already had an LMIA approved. CBSA could look at this as an abuse of the TRV or they may not care and grant you the work permit. It's hard to say.
What if one needs to physically visit the workplace and the city before making this decision? Going for work permit Outland is taking forever (3-8month)
Besides the process of flag polling is legitimate. Even asking CBSA for the work permit at the time
Of arrival airport is lawful.
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
What if one needs to physically visit the workplace and the city before making this decision? Going for work permit Outland is taking forever (3-8month)
Besides the process of flag polling is legitimate. Even asking CBSA for the work permit at the time
Of arrival airport is lawful.
Yes, flagpoling is legitimate and you can try to flagpole. If refused, then apply online. These are the rules that CBSA follows but you may get an officer willing to give you the work permit.

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).
* Seasonal agricultural workers are not eligible to flagpole
 

KShehzad

Member
Jun 2, 2023
15
7
Yes, flagpoling is legitimate and you can try to flagpole. If refused, then apply online. These are the rules that CBSA follows but you may get an officer willing to give you the work permit.

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).
* Seasonal agricultural workers are not eligible to flagpole
Thanks a bunch!
Please share the source of this info
 

canuck78

VIP Member
Jun 18, 2017
55,684
13,553
Isn’t flag polling a swift option to covert into WP? What’s your take on this?
As already stated your profile doesn’t allow you to qualify for flagpoling so you should be denieda WP if you try to flagpole. You can certainly try but CBSA should deny you and tell you you must apply online.
 
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KShehzad

Member
Jun 2, 2023
15
7
As already stated your profile doesn’t allow you to qualify for flagpoling so you should be denieda WP if you try to flagpole. You can certainly try but CBSA should deny you and tell you you must apply online.
What’s your advice for the one visiting on TRV with legit LMIA and job offer?
WP processing time for Outland is approx. 3-9months from my issuing country
I need to join the employer by the mid of next month.
 

vkamath

Hero Member
Nov 30, 2022
397
153
What’s your advice for the one visiting on TRV with legit LMIA and job offer?
WP processing time for Outland is approx. 3-9months from my issuing country
I need to join the employer by the mid of next month.
My recommendation is to talk with your employer and explain the situation. You should ideally apply from your home country,. As mentioned about by the more experienced folks, LMIA doesn't mean WP approval. It does help but its not a guarantee.

If you choose to come you will be burning dollars and not earning anything while you wait for WP.
 
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