Questions regarding out of status flagpole with PNP nomination

[maxwellpenalty]

Hello,

Quick timeline, I applied for BC PNP online semi skilled on Sep 19 and got a call on Nov Thursday 14th from BC PNP asking basic questions. Shortly afterwards my online status was changed to 'decision finalized'. I decided to wait and see if my nomination came through so I could apply for a work permit before my current permit expired at midnight Friday 15th. My nomination did not end up coming through so I decided to submit my work permit application and benefit from implied status, then send in my nomination information after (I was informed on the phone by BC PNP that this was ok). When I logged onto my account at 11pm PST to submit my application I was met with an error message saying that my status had expired and that I must apply for resoration. I am guessing this is becasuse the website is based in a different time zone, and I assumed that as my permit was granted in BC I would have until midnight Pacific Time to apply. I am currently out of status and could possibly prove that I was attempting to submit my work permit before midnight, but I doubt they will go for it.

My main question is: should I go to the border to apply for my work permit once all of my nomination documents have come through and I have them printed and prepared? I have heard that the border does not grant restoration, but if I have all of my work permit documents present, shouldn't I be eligible to apply for a totally new work permit?

 

[yiwen]

Hi I wanna ask when did you get the invitation for the bcpnp

 

[canuck_in_uk]

Hello,

Quick timeline, I applied for BC PNP online semi skilled on Sep 19 and got a call on Nov Thursday 14th from BC PNP asking basic questions. Shortly afterwards my online status was changed to 'decision finalized'. I decided to wait and see if my nomination came through so I could apply for a work permit before my current permit expired at midnight Friday 15th. My nomination did not end up coming through so I decided to submit my work permit application and benefit from implied status, then send in my nomination information after (I was informed on the phone by BC PNP that this was ok). When I logged onto my account at 11pm PST to submit my application I was met with an error message saying that my status had expired and that I must apply for resoration. I am guessing this is becasuse the website is based in a different time zone, and I assumed that as my permit was granted in BC I would have until midnight Pacific Time to apply. I am currently out of status and could possibly prove that I was attempting to submit my work permit before midnight, but I doubt they will go for it.

My main question is: should I go to the border to apply for my work permit once all of my nomination documents have come through and I have them printed and prepared? I have heard that the border does not grant restoration, but if I have all of my work permit documents present, shouldn't I be eligible to apply for a totally new work permit?

It is not advisable to flagpole while out of status, as you face a higher risk of being refused re-entry. Apply for Restoration.

 

[maxwellpenalty]

Invitation: Sep 3
Apply: Sep 19
Status changed to 'decision finalized': Oct 14

 

[maxwellpenalty]

It is not advisable to flagpole while out of status, as you face a higher risk of being refused re-entry. Apply for Restoration.

I cannot afford to wait for the restoration period. I would have benefited from implied status if not for the technical error. On what basis could they refuse re-entry If I have all my documents for a work permit?

 

[yiwen]

GOTTA THANK YOU SO MUCH

 

[canuck_in_uk]

I cannot afford to wait for the restoration period. I would have benefited from implied status if not for the technical error. On what basis could they refuse re-entry If I have all my documents for a work permit?

On the basis that you are out of status and therefore did not respect the conditions of your stay. Up to you if you want to take the risk.

 

[maxwellpenalty]

On the basis that you are out of status and therefore did not respect the conditions of your stay. Up to you if you want to take the risk.

I cannot find anywhere if it is possible to grant a work permit at the border while out of status. I called IRCC and they said it is the discression of the Border Officer. I called Border Services and they said it is up to IRCC. Both of them and any information online I can find says some version of "if you want to take the risk". Is there not somewhere I can find the answer to this black and white question? Not that if my work permit can be granted but if ANY work permit can be grated at the border.

 

[canuck_in_uk]

I cannot find anywhere if it is possible to grant a work permit at the border while out of status. I called IRCC and they said it is the discression of the Border Officer. I called Border Services and they said it is up to IRCC. Both of them and any information online I can find says some version of "if you want to take the risk". Is there not somewhere I can find the answer to this black and white question? Not that if my work permit can be granted but if ANY work permit can be grated at the border.

A work permit can certainly be granted at a POE if a person qualifies.

However, it is up to the CBSA officer at entry. The fact that you are currently in Canada illegally increases the risk of not only being refused a permit but being refused entry. As I said, up to you if you want to take the risk. Note that an extreme outcome could be a 1 year Exclusion Order.

 

[maxwellpenalty]

A work permit can certainly be granted at a POE if a person qualifies.

However, it is up to the CBSA officer at entry. The fact that you are currently in Canada illegally increases the risk of not only being refused a permit but being refused entry. As I said, up to you if you want to take the risk. Note that an extreme outcome could be a 1 year Exclusion Order.

Thank you. So my current undertstanding is that the main reason they would refuse re-entry is because I am currently out of status which is technically against the rules

 

[canuck_in_uk]

Thank you. So my current undertstanding is that the main reason they would refuse re-entry is because I am currently out of status which is technically against the rules

Yes.

 

[Hermen9907]

Hi peeps
Can u please tell me if i can get bowp at border as my closed work permit is about to expire with in 4 months.
Thanks

 

[maxwellpenalty]

Invitation: Sep 3
Apply: Sep 19
Status changed to 'decision finalized': Nov 14
WP expired and went to out of status: Nov 16
BC PNP nomination and work permit support letter: Nov 19
Flagpole for new 2 year work permit: Nov 21

If anybody is in my circumstance and considering a flagpole run to get their WP, please know that this is riskier than applying online and can lead to you being refused reentry to Canada. In my case I was very patient and polite to the border officers which worked in my favour. Remeber all your documents and be aware that it will take a few hours.

 

[yyzstudent]

Invitation: Sep 3
Apply: Sep 19
Status changed to 'decision finalized': Nov 14
WP expired and went to out of status: Nov 16
BC PNP nomination and work permit support letter: Nov 19
Flagpole for new 2 year work permit: Nov 21

If anybody is in my circumstance and considering a flagpole run to get their WP, please know that this is riskier than applying online and can lead to you being refused reentry to Canada. In my case I was very patient and polite to the border officers which worked in my favour. Remeber all your documents and be aware that it will take a few hours.

Congrats.

what documents did you bring? I have an LMIA dual intent, and signed job offer. What else?

 

[Ralloblack88]

Congrats.

what documents did you bring? I have an LMIA dual intent, and signed job offer. What else?

Any luck or updates on your case ? Did you go?