+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Open work permit application in the border (canada/US)

taurus083

Newbie
Mar 30, 2014
6
0
Hi everyone, is anybody expert or not but have any idea on the processing of the open work permit in the border.

To start, i'm a skilled worker and applied for an open work permit for my wife just this month. But my wife's previous work permit had already expired last nov 4, 2013 (technically she is out of status since then) and were not able to apply for her restoration within 90 days after the mention date because I assumed that my new LMO (same employer) will be approved prior to the expiration of my work permit which march 18, 2014. I did submit a work permit application together with her open work visa application last March 14, 2014 But unfortunately my LMO was just have a confirmation just lately and because of that my wife's open visa application was refused. For now, I do have an approved work permit valid for 2 years.

Questions!
1. Is there any way that I can apply for her open work visa inside Canada? (though it was written in the notice letter that she can't get any approval of a working visa unless she will apply outside canada.
2. Since the last work permit we have (which was based on the expiry of our passport - that's is why were not the same expiry date of the work permit) my wife didn't work since she then pregnant and give birth last July 2013.
3. We are not from a country with exempt travel visa, is she able to apply for a valid work permit application in the border? (Montana/Alberta) As of now she don't have any valid visa to show to the officer to enter again in canada - if in case we are going to that place. Is she able to comeback in Canada?


Please give some advice. I don't want her to go back into our country since we have our daughter which is canadian and nobody will takes care of our daughter once she will be away and do the application in the our country instead.

Thanks in advance.
 

scylla

VIP Member
Jun 8, 2010
95,056
21,634
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
1. No - she can't. It's too late because of how long she has been out of status.
2. I'm not sure what you are asking for this question.
3. No - she can't. Again, because she has been out of status for so long and is non-visa exempt, this isn't possible.

I don't see she has any other option other than to leave Canada and apply from outside of the country. It is too bad you didn't apply to restore her status during the 90 days and change her status to visitor. This would have been the right thing to do to keep in in Canada. Unfortunately it's too late now.