Lmia flagpoling on implied status

[scylla]

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.

 

[zirakias]

No. You remain out of status in Canada until restoration is approved.

Your saying I cannot leave Canada and come back and apply at Poe ? , But can apply within Canada and wait 5 months ?

 

[Raptor33]

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 ?

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.

If you are on implied status, you are still considered to be in Canada for the purposes of immigration law. This means that you can still work in Canada, and you can still travel to the United States. However, you cannot apply for a new work permit or study permit while you are on implied status.

If you decide to flagpole, you will need to leave Canada and then re-enter as a visitor. You will need to have a valid passport and a valid visitor visa. You will also need to be able to demonstrate that you have strong ties to your home country, such as a job, property, or family.

If you are denied entry to Canada when you try to flagpole, you may be banned from entering Canada for a period of time. You may also be subject to a fine.

Here are some of the risks associated with flagpoling:

• You may be denied entry to Canada.
• You may be banned from entering Canada for a period of time.
• You may be subject to a fine.
• You may lose your implied status.

If you are considering flagpoling, you should speak to an immigration lawyer to discuss the risks and benefits.

Here are some of the factors that you should consider when deciding whether or not to flagpole:

• The reason for your LMIA application being refused.
• The length of time it will take for your LMIA application to be processed.
• The risks associated with flagpoling.
• Your personal circumstances.

If you decide to flagpole, you should make sure that you have a clear plan for how you will re-enter Canada. You should also make sure that you have all of the necessary documentation, such as a valid passport and a valid visitor visa.

I hope this helps!

 

[Raptor33]

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 ?

Hi!

I understand your situation. It can be frustrating to have to wait 5 months for your work permit to be processed, especially if you need to work and pay rent in the meantime.

However, I would advise you to carefully consider the risks associated with flagpoling before you make a decision. As you mentioned, 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.

If you are determined to flagpole, I would recommend that you speak to an immigration lawyer to discuss your specific situation. They will be able to give you more specific advice about the risks involved and how to minimize them.

Here are some additional things to consider when deciding whether or not to flagpole:

• The reason for your LMIA application being refused.
• The length of time it will take for your LMIA application to be processed.
• The risks associated with flagpoling.
• Your personal circumstances.
• The likelihood of being denied entry to Canada when you try to flagpole.

Ultimately, the decision of whether or not to flagpole is a personal one. You will need to weigh the risks and benefits involved and decide what is best for you.

I hope this helps!

 

[Raptor33]

So 90 days restore status , means im going to be on implied status right ? Not visitor

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.

Implied status is a temporary status that allows you to stay in Canada while your application for a work permit or study permit is being processed. You are not considered to be a visitor while you are on implied status, and you have the same rights and responsibilities as a temporary resident.

However, there are some restrictions on what you can do while you are on implied status. For example, you cannot apply for a new work permit or study permit while you are on implied status.

If you leave Canada while you are on implied status, you will lose your implied status and you will need to apply for a visitor visa if you want to return to Canada.

Here are some of the requirements for restoring your status:

• You must have been in Canada legally when your status expired.
• You must have applied for a work permit or study permit within 90 days of your status expiring.
• You must be able to demonstrate that you have strong ties to your home country, such as a job, property, or family.

If you meet the requirements, you can apply for a restoration of status online or by mail. You will need to provide your passport, your work permit or study permit application, and any other supporting documents.

The processing time for a restoration of status can vary, but it is typically 2-3 months.

I hope this helps!

 

[Raptor33]

Your saying I cannot leave Canada and come back and apply at Poe ? , But can apply within Canada and wait 5 months ?

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:

• 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.

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.

I hope this helps!

 

[zirakias]

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:

• 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.

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.

I hope this helps!

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 ?

 

[zirakias]

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 ?

To clarify I have positive lmia and lmia id number , employer who is waiting .

 

[Raptor33]

To clarify I have positive lmia and lmia id number , employer who is waiting .

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:

• You must be able to demonstrate that you have strong ties to your home country, such as a job, property, or family.
• You must be able to show that you have a valid reason for leaving Canada and returning.
• You must be able to show that you have not been working in Canada illegally since your work permit was refused.

If you meet these requirements, you can apply for a work permit at POE by presenting your passport, your LMIA, your LMIA ID number, and any other supporting documents.

However, it is important to note that there is no guarantee that you will be granted a work permit at POE. The immigration officer will have the final say on whether or not to grant you a work permit.

If you are denied a work permit at POE, you may be banned from entering Canada for a period of time.

I would recommend that you speak to an immigration lawyer to discuss your specific situation and to get more specific advice about your eligibility for a work permit at POE.

I hope this helps!

 

[Jha06]

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

 

[Sopunuchi]

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
[/QUOTE

You have lmia?

 

[GandiBaat]

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

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.

I, for instance, got a new work permit for my current employer via flagpoling. Later I got PR anyways but that is beyond point.

 

[Sopunuchi]

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.

I, for instance, got a new work permit for my current employer via flagpoling. Later I got PR anyways but that is beyond point.

Can we talk please. How did you get the lmia

 

[GandiBaat]

Can we talk please. How did you get the lmia

Sure my friend. I was on a ICT work permit and that does not require LMIA.

 

[Sopunuchi]

Sure my friend. I was on a ICT work permit and that does not require LMIA.

Please what's your number. Let's talk