Restoration as visitor / New work permit / Flagpole

[defintelyguru]

Hi.

I have lost my status because of a LMIA based work permit refusal.
Within the 90 days, I have applied for restoration as a visitor. I am still waiting for the decision on that.

In the meantime, I have found a new job, and it's LMIA-exempt.
I had all the paperwork ready and tried to flagpole at the border (Niagara). That didn't go well. The agent refused to process my application.
And thing is, I had 2 other agents before that one that seemed to be willing to process it, regardless of my status, I just needed to provide some more documents for the work permit, which I did a little bit later.

Anyone could advise on this?
I was supposed to start working on Tuesday.

Also, I am from a visa-exempt country, Belgium more precisely.

 

[scylla]

To the best of my knowledge you have to be in status in Canada in order to flagpole. However if you encountered agents who were willing to process the application - that may be incorrect.

How long ago did you apply for restoration? Was it a few months ago? Is your application close to being processed?

 

[coaxial88]

hello , interesting case. i am thinking about flagpole. where you allowed to go back to canada at the niagara border?

 

[defintelyguru]

First, yes I was allowed back to Canada. So no worries there.

The agent suggested I wait for the restoration decision before doing anything. (Or go back to Belgium to my family !!!)
But considering the current processing times, this is no option. I ain't waiting 8 months or so doing nothing.
So no it is not close to being processed at all.

Then, I asked "what if I do cross the border, go to to the US, and come back ?".
To which agent sort of threatened me like I would (most probably) NOT be allowed back to Canada.

Before all that, I was actually assigned a first agent.
She asked how I came to be out of status. I explained, she said ok, and then she looked at my documents.
She did say I should just do whatever she asks me "given my status..." and going back to Belgium would be best.
But she never refused to process it. It was more like, "you are in a not so good situation, I'm going to give you a bit of a hard time, but if everything is in order, you'll get your work permit"
Unfortunately, by the time the document she asked came in by fax, she had left.
And I was assigned the other agent, not so keen to understand my situation.

 

[scylla]

I agreed with the advice that you either need to wait for the restoration application to be processed or leave and re-enter Canada to restore your status. Agreed that going to the US for a very short visit and promptly returning to Canada could end badly. I don't know - it's a tricky situation. I would be tempted to take the route of going back to Belgium for a month and then returning to Canada to trigger the work permit. How long is your employer willing to wait?