Positive LMO and Work Permit Expired

[ncnicole]

Hello. I have been living in Canada for three years working on a holiday visa. I applied for Permanent Residence under the CEC May 21, 2010, but have not recieved an AOR or file number yet. My original work permit expired June 28, 2010. I applied for an extension to work at my current job until my PR is processed, but it was denied on the grounds that a holiday visa cannot be extended. I stayed in Canada and applied for an LMO with my job. It was finally approved last week, which my HR director had thought meant I could start back to work immediately. However, I am now being told I will have to restore my status and apply again for a work permit, which will take over 66 days. I need to get back to work ASAP! Can anyone suggest ways to make this happen faster? Is it possible to cross the border and get a WP there with my positive LMO and job contract? Or will it be impossible since I have overstayed my original work permit (although not by 90 days. I still have 30 days left, but not enough for a 66 day wait.) Advice appreciated!!! Thank you.

 

[job_seeker]

Hello. I have been living in Canada for three years working on a holiday visa. I applied for Permanent Residence under the CEC May 21, 2010, but have not recieved an AOR or file number yet. My original work permit expired June 28, 2010. I applied for an extension to work at my current job until my PR is processed, but it was denied on the grounds that a holiday visa cannot be extended. I stayed in Canada and applied for an LMO with my job. It was finally approved last week, which my HR director had thought meant I could start back to work immediately. However, I am now being told I will have to restore my status and apply again for a work permit, which will take over 66 days. I need to get back to work ASAP! Can anyone suggest ways to make this happen faster? Is it possible to cross the border and get a WP there with my positive LMO and job contract? Or will it be impossible since I have overstayed my original work permit (although not by 90 days. I still have 30 days left, but not enough for a 66 day wait.) Advice appreciated!!! Thank you.

You can try sending an application for restoration of status. Send it by courier or priority mail so you can track it (you need to pay the restoration fee of $200.00). Then go to the border with the new contract and LMO. Have a copy of the receipt of payment for the restoration of status. If the officer at grant you a WP, you can write CPC-V to cancel your restoration. If you're unable to get WP from the border, you can send the WP application package to CPC-V. But do this within the 90 day period after the expiry of your WP. I am assuming you do not need a visa to enter Canada.

 

[ncnicole]

Thanks Job Seeker. Is it neccesary to have the Restoration of Status reciept, and restore, or can I just seek a new entry? Will I be denied if I have not applied for Restoration and just request a new WP instead of an extension of the old one?

 

[job_seeker]

Thanks Job Seeker. Is it neccesary to have the Restoration of Status reciept, and restore, or can I just seek a new entry? Will I be denied if I have not applied for Restoration and just request a new WP instead of an extension of the old one?

The application for restoration is to show good faith that you're working within the system. You can drive to the border with the LMO and try to get your WP from there.

 

[ncnicole]

Hi. I wanted to update this in case it was helpful to anyone else- yesterday I went "round the flagpole", and recieved a new work permit. I decided to risk it without the Restoration of Status. I brought with me my new LMO, my job offer letter and contract, my CV and a few training certificates from my job. I also brought an e-mail from the CIC explaining that it is ok to apply for a twp at the border if you have a positive LMO. My boss drove me down to the Peace Arch crossing, and we went through the American side and told them I wanted to circle back in and get a new TWP on the Canadian Side. He wrote "FLAGPOLE" on a peice of paper, made a few jokes about us not wanting to come to America and sent us back round to the Canadian side. There was a very thorough investigation of both of us, and the officer warned me that I should not have been in the country after the expiration of my WP and should have waited for the LMO outside of Canada. I pointed out I was within 90 days, and showed the efforts I had made to do things correctly and legally. He seemed to be in agreement that I was trying to do things correctly, and eventually did issue the TWP. I paid the $150, and was admmitted. There was a mention of the $200 restoration fee, but in the end it was not charged. So, big sigh of relief- thanks to all of the senior members here that advise us newbies! Next stop PR!

 

[job_seeker]

Hi. I wanted to update this in case it was helpful to anyone else- yesterday I went "round the flagpole", and recieved a new work permit. I decided to risk it without the Restoration of Status. I brought with me my new LMO, my job offer letter and contract, my CV and a few training certificates from my job. I also brought an e-mail from the CIC explaining that it is ok to apply for a twp at the border if you have a positive LMO. My boss drove me down to the Peace Arch crossing, and we went through the American side and told them I wanted to circle back in and get a new TWP on the Canadian Side. He wrote "FLAGPOLE" on a peice of paper, made a few jokes about us not wanting to come to America and sent us back round to the Canadian side. There was a very thorough investigation of both of us, and the officer warned me that I should not have been in the country after the expiration of my WP and should have waited for the LMO outside of Canada. I pointed out I was within 90 days, and showed the efforts I had made to do things correctly and legally. He seemed to be in agreement that I was trying to do things correctly, and eventually did issue the TWP. I paid the $150, and was admmitted. There was a mention of the $200 restoration fee, but in the end it was not charged. So, big sigh of relief- thanks to all of the senior members here that advise us newbies! Next stop PR!

In my case, I also drove to the border with the new LMO but I have applied for restoration so there was no discussion about having left and waited outside Canada, but I was able to get a refund because there's no need for the restoration anymore having had the WP.

 

[JGK]

Hi. I wanted to update this in case it was helpful to anyone else- yesterday I went "round the flagpole", and recieved a new work permit. I decided to risk it without the Restoration of Status. I brought with me my new LMO, my job offer letter and contract, my CV and a few training certificates from my job. I also brought an e-mail from the CIC explaining that it is ok to apply for a twp at the border if you have a positive LMO. My boss drove me down to the Peace Arch crossing, and we went through the American side and told them I wanted to circle back in and get a new TWP on the Canadian Side. He wrote "FLAGPOLE" on a peice of paper, made a few jokes about us not wanting to come to America and sent us back round to the Canadian side. There was a very thorough investigation of both of us, and the officer warned me that I should not have been in the country after the expiration of my WP and should have waited for the LMO outside of Canada. I pointed out I was within 90 days, and showed the efforts I had made to do things correctly and legally. He seemed to be in agreement that I was trying to do things correctly, and eventually did issue the TWP. I paid the $150, and was admmitted. There was a mention of the $200 restoration fee, but in the end it was not charged. So, big sigh of relief- thanks to all of the senior members here that advise us newbies! Next stop PR!

I did that in 2007 to get aTWP for a new job.

Unfortunately, US customs managed to convert the technical refusal of entry (which the do for the "Flagpolers") into a "full on" refusal of entry. It came round to bite me this year when I attended a conference in Phoenix. I got the online visa approval in less than 20 seconds but had to spend 2 hours at US Customs in Minneapolis when they thought I was trying to sneak in after being refused entry in 2007.

 

[rj3k]

hi ,

I have my new LMO for a new job & my current work permit is still valid til April 2011. But my working visa was expired since February 2010. Can I still get a Work Permit @ the border even though I my visa was expired?

Thank you. I hope you can help me.

GOD Bless

 

[Kat911s]

In my case, I also drove to the border with the new LMO but I have applied for restoration so there was no discussion about having left and waited outside Canada, but I was able to get a refund because there's no need for the restoration anymore having had the WP.

My partner's WP expired Feb 1 2012. He applied for Restoration of Status and WP extension March 8, 2012 (with positive LMO). Now his employer really wants his work permit, they're getting impatient. The CIC call centre said he could try to flagpole, but I'm worried because he's already applied for restoration of status. Can he flagpole the border now?? (even though the above posts say you should do it within 90days)

How come more people don't flagpole the border if it's quicker than waiting for CIC offices?