NAFTA Permit Expired, looking for work as Visitor

[Rockologist]

So my NAFTA permit is set to expire next week as my employer decided to eliminate my position at the end of the contract. I've been in Canada legally for a long time, so I'm not quite ready to go, and still hope to boost my CRS to qualify for an ITA.

My thoughts were, after reading, briefly talking with wildly expensive lawyers and getting ZERO clarity from IRCC, that I'd either a) continue to look for a new job and if offered before 90 days, apply for a restoration of status as worker with new employer, or b) apply for visitor status, look for work and if found before that status is up, flagpole.

My question is (since I've found conflicting info) as a NAFTA worker, am I allowed to seek work from within Canada as a visitor? Obviously I don't need a Visitor Visa as a US citizen but I can't tell if I'm covered by that, and if so, does anyone know if I am able to bypass flagpoling by RESTORATION of status, since I've already been here legally working?

 

[scylla]

So my NAFTA permit is set to expire next week as my employer decided to eliminate my position at the end of the contract. I've been in Canada legally for a long time, so I'm not quite ready to go, and still hope to boost my CRS to qualify for an ITA.

My thoughts were, after reading, briefly talking with wildly expensive lawyers and getting ZERO clarity from IRCC, that I'd either a) continue to look for a new job and if offered before 90 days, apply for a restoration of status as worker with new employer, or b) apply for visitor status, look for work and if found before that status is up, flagpole.

My question is (since I've found conflicting info) as a NAFTA worker, am I allowed to seek work from within Canada as a visitor? Obviously I don't need a Visitor Visa as a US citizen but I can't tell if I'm covered by that, and if so, does anyone know if I am able to bypass flagpoling by RESTORATION of status, since I've already been here legally working?

Anyone can look for work in Canada as a visitor - regardless of whether they fall under NAFTA or not. Of course you would need to obtain a work permit before you can start working.

You will be in Canada without status as soon as your work permit expires. The fact you are American doesn't change this fact. Rather than going out of status, your best option is to apply to change your status to visitor before your work permit expires so that you keep your status in Canada legal. You need to have legal status in Canada if you want to flagpole to get a work permit. If you're out of status when you try to flagpole - expect problems.

 

[Rockologist]

Anyone can look for work in Canada as a visitor - regardless of whether they fall under NAFTA or not. Of course you would need to obtain a work permit before you can start working.

You will be in Canada without status as soon as your work permit expires. The fact you are American doesn't change this fact. Rather than going out of status, your best option is to apply to change your status to visitor before your work permit expires so that you keep your status in Canada legal. You need to have legal status in Canada if you want to flagpole to get a work permit. If you're out of status when you try to flagpole - expect problems.

Thanks, that makes sense. I was thinking this was going to be the answer, just was wondering if restoring my status with a new work permit was something that they might process the same as if your status expired and was being changed from work to student, or as a basic extension of a work permit. I read some conflicting info on the IRCC website, and was hoping I could get a clear answer from them...if they'd ever actually take my call.

 

[canuck_in_uk]

Thanks, that makes sense. I was thinking this was going to be the answer, just was wondering if restoring my status with a new work permit was something that they might process the same as if your status expired and was being changed from work to student, or as a basic extension of a work permit. I read some conflicting info on the IRCC website, and was hoping I could get a clear answer from them...if they'd ever actually take my call.

Don't allow your status to expire. It means that you failed to respect Canadian immigration law, which never looks good and increases the risk of refusal.

As scylla said, apply to change your status to visitor before your work permit expires.

 

[scylla]

Do you have an approved LMIA for the next job? Unless your next job falls under LMIA exemption, you are short on time.
Your status cannot be restored from worker to worker unless you have an approved LMIA as the job you were working ceases to exist.
Your best bet is to leave Canada for a few months and then come back as a visitor if you still haven't been able to secure a job from outside Canada.

OP currently holds a NAFTA work permit which is LMIA exempt. This exemption is based on occupation - so I assume the OP is looking for another job in the same occupation which will also be LMIA exempt.