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Switch from Visitor to Foreign Worker / Loss of implied status by leaving

mtl11

Newbie
May 27, 2011
4
0
Hello! I hope I'll find answers here, as i find this whole situation very confusing!

I am currently on a visitors visa in Quebec that will expire at the end of June. I have found a job and the company will help me to get the working visa. Yet the processing time for the visa (average rate right now = 58 days) will take a long time.

I understand that to change my status from visitor to foreign worker, i would have to apply from outside of Canada. Do i need to do this in Europe (my home country) or could i also do this in the US? Or simply at the border when re-entering Canada?

Another problem is, that i have to spend August and beginning of September in the US, for an art project. So i will leave Canada at the end of July - no matter what - and will probably cancel and lose my implied status from the visa application in process.

So i am unsure about how to handle this. Most ideal would be to send in the working-visa papers right now and to pray that a positive answer arrives before end of July (yet not likely). Then everything would be fine. BUT if they don't arrive and i leave Canada, i will inadvertently cancel the whole application. Therefore i consider just trying to extend my visitors-visa for the time to come and not worry about what happens if i leave Canada at the end of June. And then i would try to apply for the working visa from the US.

My questions are:
1. By leaving Canada and going to the US - do i inadvertently cancel my implied visa status (extended visitors visa)?
2. I am from Europe. Considering i have all the papers in hand (my job doesn't need the HRSDC confirmation letter) - can i apply for a working visa directly at the border when reentering Canada from the US?
3. How high are the chances of getting a working visa permission at the border when entering Canada from the US (with filled out papers, official job offer, and no need for the HRSDC confirmation letter)? Also, i'll most likely be entering Canada through B.C. even though my job will be in Quebec.
4. If i apply for the working visa right now, but cancel it by leaving Canada, can i take up the application again from outside of the US? By simply taking all my paperwork to the border when trying to re-enter?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Which part of Europe are you from?

mtl11 said:
Hello! I hope I'll find answers here, as i find this whole situation very confusing!

I am currently on a visitors visa in Quebec that will expire at the end of June. I have found a job and the company will help me to get the working visa. Yet the processing time for the visa (average rate right now = 58 days) will take a long time.

I understand that to change my status from visitor to foreign worker, i would have to apply from outside of Canada. Do i need to do this in Europe (my home country) or could i also do this in the US? Or simply at the border when re-entering Canada?

Another problem is, that i have to spend August and beginning of September in the US, for an art project. So i will leave Canada at the end of July - no matter what - and will probably cancel and lose my implied status from the visa application in process.

So i am unsure about how to handle this. Most ideal would be to send in the working-visa papers right now and to pray that a positive answer arrives before end of July (yet not likely). Then everything would be fine. BUT if they don't arrive and i leave Canada, i will inadvertently cancel the whole application. Therefore i consider just trying to extend my visitors-visa for the time to come and not worry about what happens if i leave Canada at the end of June. And then i would try to apply for the working visa from the US.

My questions are:
1. By leaving Canada and going to the US - do i inadvertently cancel my implied visa status (extended visitors visa)?
2. I am from Europe. Considering i have all the papers in hand (my job doesn't need the HRSDC confirmation letter) - can i apply for a working visa directly at the border when reentering Canada from the US?
3. How high are the chances of getting a working visa permission at the border when entering Canada from the US (with filled out papers, official job offer, and no need for the HRSDC confirmation letter)? Also, i'll most likely be entering Canada through B.C. even though my job will be in Quebec.
4. If i apply for the working visa right now, but cancel it by leaving Canada, can i take up the application again from outside of the US? By simply taking all my paperwork to the border when trying to re-enter?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
You can go to the nearest border and obtain your WP from there since you do not need a TRV, and hopefully the job offered you does not need medicals and as you said does not need LMO.

mtl11 said:
 

mtl11

Newbie
May 27, 2011
4
0
So, i just go with all my papers:

- application form (Application for a Work Permit Made Outside of Canada)
- the written job offer
- certificat d’acceptation du Québec which i need, and will get
- relevant documents to proof that i qualify for the job ..

and do it all when re-entering Canada at the border?


That would be ideal!!
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
mtl11 said:
So, i just go with all my papers:

- application form (Application for a Work Permit Made Outside of Canada)
- the written job offer
- certificat d'acceptation du Québec which i need, and will get
- relevant documents to proof that i qualify for the job ..

and do it all when re-entering Canada at the border?


That would be ideal!!
No, you need the Labour Market Opinion approved by Service Canada. A job offer is not enough. The employer needs to apply for permission to hire a foreign worker and prove to Service Canada that there are no Canadian citizens or permanent residents qualified, willing and able to take the job.