No. You remain out of status in Canada until restoration is approved.So 90 days restore status , means im going to be on implied status right ? Not visitor
No. You remain out of status in Canada until restoration is approved.So 90 days restore status , means im going to be on implied status right ? Not visitor
Your saying I cannot leave Canada and come back and apply at Poe ? , But can apply within Canada and wait 5 months ?No. You remain out of status in Canada until restoration is approved.
Flagpoling is when you leave Canada while your LMIA application is still being processed, and then re-enter Canada as a visitor. This can be a risky proposition, as it is possible that you will be denied entry to Canada.Hi , few weeks ago my lmia closed work permit application was refused due to lack of documents that I did not submit , my fault.
I hired an immigration lawyer who told me sincd I am on implied status , I have two options , either to stay and wait approximately 5 months or flagpole which is risky .
Does anybody flagpole on lmia and on implied status ? Can you share your experience ? Is it really risky ?
Hi!Well my guess is I'm out of status but I have 90 days to restore it , my lawyer said that I must decide first which path I want to follow , they will do different application to reapply for closed work permit and different for poe application as I understood . I just don't want to wait 5 months to get the wp without work and paying rent etc . While I can try the Poe at the airport or land . How risky is it ?
That's correct. If you are out of status and you have not yet left Canada, you may be able to restore your status by applying for a restoration of status. If your application is successful, you will be granted implied status.So 90 days restore status , means im going to be on implied status right ? Not visitor
You are correct. If you leave Canada and come back and apply at POE, you will be considered a visitor and you will need to apply for a work permit. However, if you apply for a work permit within Canada, you will be able to stay in Canada on implied status while your application is being processed.Your saying I cannot leave Canada and come back and apply at Poe ? , But can apply within Canada and wait 5 months ?
I appreciate this lengthy and informative post , but I want to be sure if I'm eligible to apply on Poe , since my work permit is refused , I know I must submit a restoration application . I can apply within Canada but the 5 months is really long time and it's really hard to survive , i was thinking of traveling to the USA and come back after few days since my parents live in the US . After that apply at the airport for Poe . I'm visa exempt and only require esta and ETA to travel . My question is , can I apply at Poe ?You are correct. If you leave Canada and come back and apply at POE, you will be considered a visitor and you will need to apply for a work permit. However, if you apply for a work permit within Canada, you will be able to stay in Canada on implied status while your application is being processed.
Here are some of the things to consider when deciding whether to apply for a work permit within Canada or to leave Canada and apply at POE:
Ultimately, the decision of whether to apply for a work permit within Canada or to leave Canada and apply at POE is a personal one. You will need to weigh the risks and benefits involved and decide what is best for you.
- The length of time it will take for your work permit to be processed. If you are willing to wait 5 months for your work permit to be processed, you can apply for a work permit within Canada. However, if you need to work sooner, you may want to consider leaving Canada and applying at POE.
- The risks associated with flagpoling. As I mentioned earlier, there is a risk that you will be denied entry to Canada when you try to flagpole. This could have serious consequences, including being banned from entering Canada for a period of time.
- Your personal circumstances. If you have strong ties to Canada, such as a job, property, or family, you may be more likely to be granted a work permit if you apply within Canada. However, if you do not have strong ties to Canada, you may be more likely to be granted a work permit if you leave Canada and apply at POE.
I hope this helps!
To clarify I have positive lmia and lmia id number , employer who is waiting .I appreciate this lengthy and informative post , but I want to be sure if I'm eligible to apply on Poe , since my work permit is refused , I know I must submit a restoration application . I can apply within Canada but the 5 months is really long time and it's really hard to survive , i was thinking of traveling to the USA and come back after few days since my parents live in the US . After that apply at the airport for Poe . I'm visa exempt and only require esta and ETA to travel . My question is , can I apply at Poe ?
You may be eligible to apply for a work permit at POE if you have a positive LMIA and an LMIA ID number. However, there are a few things to keep in mind:To clarify I have positive lmia and lmia id number , employer who is waiting .
Hello. It is some what same Ituation here.
I have my temporary work permit expiring 2years from now from other location. Now my employer help me and promoted me as manager and I will be transfer to other location but same province.they advice me to apply for another work permit to change condition (same employer, different location) But my 2nd work permit was refused. For the reason I did not attached some documents which I have its just I didn't attach it.
Can I do flagpoling to change condition of my work permit?
Thanks for the reponse
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You have lmia?
Yes, you can flagpole for a new work permit AFAIK. But you should having a valid non-expired work permit and not on implied status AFAIK. If you have a valid work permit it should be possible.Hello. It is some what same Ituation here.
I have my temporary work permit expiring 2years from now from other location. Now my employer help me and promoted me as manager and I will be transfer to other location but same province.they advice me to apply for another work permit to change condition (same employer, different location) But my 2nd work permit was refused. For the reason I did not attached some documents which I have its just I didn't attach it.
Can I do flagpoling to change condition of my work permit?
Thanks for the reponse
Can we talk please. How did you get the lmiaYes, you can flagpole for a new work permit AFAIK. But you should having a valid non-expired work permit and not on implied status AFAIK. If you have a valid work permit it should be possible.
I, for instance, got a new work permit for my current employer via flagpoling. Later I got PR anyways but that is beyond point.
Sure my friend. I was on a ICT work permit and that does not require LMIA.Can we talk please. How did you get the lmia
Please what's your number. Let's talkSure my friend. I was on a ICT work permit and that does not require LMIA.