The closed work permit with the OINP nominee

[twarpdev]

I gathered all the information how to apply the closed work permit since I’m just nominated by the OINP.

Here is the list of the documents were with me when I went to the Niagara to flagpole.
1. Job offer letter
2. Current work-permit
3. Copy of the PNP nomination
4. LMIA exemption fee receipt
5. Work permit support letter.
6. Passport

I did flagpole like everyone do. The US part of the staffs were so nice and kind, but things started when I came back to the Canadian border office.
A staff approached when I entered the building, and took the paper from the US border and all the passports, I was with my wife and 4yrs old son.

Moments later, the officer called us.

OFFICER: “Why are you here?”
I tried to be polite as possible as I could so “If it’s possible I’d like to apply the work permit”.

OFFICER: “Give me your documents”.
I gave him all the documents the officer thoroughly reviewed the documents.

OFFICER: “What is this Nominee? Why are you giving me this?”
I started to explain what it is, but he cut my answer before I even start it.

OFFICER: “Where are the missing documents?”
The OINP nominee documents have the page numbers on each pages and I only gave him the work permit support letter and the confirmation of Nomination from it.
Hence I gave him the whole package.

OFFICER: “I can’t give you the closed work permit today, because you can’t be a full time employee”.
I ask him again what does that mean ‘I can’t be the full time employee’, since I have never heard of such thing before.

OFFICER: “You are the temporary worker, so your job offer needs to have the end day, one year from now something, and also you need the LMIA full assessment”
I told him that I have the LMIA exempt fee receipt and the employment number, but he didn’t answer to my reply then just repeated his last statement that my job offer is wrong.

So for the last, I asked him “what you mean by the LMIA full assessment”.

OFFICER: “You can get all the information from the website”


My experience at the border was very unpleasant, whenever he says something looks like he is explaining the rocket science to the 3 years old.

I’ll visit the HR manager to see if she can put the end day on the job offer same day as my current work permit expires which is 2019 something.

Here is the one question.

My employer went to the employer portal and entered all the company and my information then paid the LMIA exempt fee in the end and printed the receipt, I’m talking about the real receipt something like below.

Transaction Approved - Thank you
-Transaction total: $230(CAD)
-Transaction type: Purchase
-Date/Time 2017-01-05 15:23:03
-Transaction Amount: $230(CAD)
-Order ID: ***********
-Card Holder: ***********
-Card Number: ***********
-Card Type: ***********
-Resp Code message: ***********
-Reference Number: ***********
-Auth Code: ***********


And gave me the employment number that was in the email from the employer portal.

But now I’m thinking that do I need something else? And am I doing something wrong here?

Thank you

 

[Wonderland_1010]

I gathered all the information how to apply the closed work permit since I’m just nominated by the OINP.

Here is the list of the documents were with me when I went to the Niagara to flagpole.
1. Job offer letter
2. Current work-permit
3. Copy of the PNP nomination
4. LMIA exemption fee receipt
5. Work permit support letter.
6. Passport

I did flagpole like everyone do. The US part of the staffs were so nice and kind, but things started when I came back to the Canadian border office.
A staff approached when I entered the building, and took the paper from the US border and all the passports, I was with my wife and 4yrs old son.

Moments later, the officer called us.

OFFICER: “Why are you here?”
I tried to be polite as possible as I could so “If it’s possible I’d like to apply the work permit”.

OFFICER: “Give me your documents”.
I gave him all the documents the officer thoroughly reviewed the documents.

OFFICER: “What is this Nominee? Why are you giving me this?”
I started to explain what it is, but he cut my answer before I even start it.

OFFICER: “Where are the missing documents?”
The OINP nominee documents have the page numbers on each pages and I only gave him the work permit support letter and the confirmation of Nomination from it.
Hence I gave him the whole package.

OFFICER: “I can’t give you the closed work permit today, because you can’t be a full time employee”.
I ask him again what does that mean ‘I can’t be the full time employee’, since I have never heard of such thing before.

OFFICER: “You are the temporary worker, so your job offer needs to have the end day, one year from now something, and also you need the LMIA full assessment”
I told him that I have the LMIA exempt fee receipt and the employment number, but he didn’t answer to my reply then just repeated his last statement that my job offer is wrong.

So for the last, I ask him “what you mean by the LMIA full assessment”.

OFFICER: “You can get all the information from the website”


My experience at the border was very unpleasant, whenever he says something looks like he is explaining the rocket science to the 3 years old.

I’ll visit the HR manager to see if she can put the end day on the job offer same day as my current work permit expires which is 2019 something.

Here is the one question.

My employer went to the employer portal and entered all the company and my information then paid the LMIA exempt fee in the end and printed the receipt, I’m talking about the real receipt something like below.

Transaction Approved - Thank you
-Transaction total: $230(CAD)
-Transaction type: Purchase
-Date/Time 2017-01-05 15:23:03
-Transaction Amount: $230(CAD)
-Order ID: ***********
-Card Holder: ***********
-Card Number: ***********
-Card Type: ***********
-Resp Code message: ***********
-Reference Number: ***********
-Auth Code: ***********


And gave me the employment number that was in the email from the employer portal.

But now I’m thinking that do I need something else? And am I doing something wrong here?

Thank you

Why cant you apply online? You'll have implied status and can continue working til you get a decision on your application. Sometime CBSA officers can refused you when you flagpole......otherwise all the documents seems okay that you listed.

 

[twarpdev]

Why cant you apply online? You'll have implied status and can continue working til you get a decision on your application. Sometime CBSA officers can refused you when you flagpole......otherwise all the documents seems okay that you listed.

Wonderland_1010, thank you very much for your reply.

The reason why I did flagpole is my current work permit is only valid when my wife goes to the school.
As you know spouse of the study permit holder can have the open work permit.

Now it is time to start the new semester for my wife's college, and she doesn't want to go to school.
Hence I wanted to get the close work permit for me and open work permit for my wife as soon as possible and before her new semester starts.

One thing I'd like to make sure that, do I need some specific documents for the LMIA assessment instead of the just simple LMIA exempt fee receipt?

Thank you

 

[sasha18]

I had the same experience too .Boarder officer are racist and rude for no reason .So its best you apply online and find a consultant pay them .They will leave a note on your immigration filed that they refused you .And please apply through a consultant I made a lot of mistake on my filed so you have everything so see consultant

 

[PK_11]

I don't think you need consultant for this. You can apply all your own.

 

[twarpdev]

Thank you all for sharing your valuable opinions.

I can't find the right answer, even the immigration consultants are giving me different opinions including the CIC call center.

However it looks like I'd be better off if I apply the permit thru the online.

The office at the border might refuse my close work permit again even I have all the right documents, since I have the valid work permit until 2019 already and they have the power to refuse even the applicant has all the valid documents.
And also, the officer at the border doesn't even want to understand that the PNP nominee holder can actually apply the closed work permit.

Bottom line is, I'm going to need to pay my wife's tuition fee this week which is about $8,000(CAD) due to keep my spouse open work permit until I get my closed work permit from the CIC(online).

Which doesn't make any sense to me at all.

FYI;
I was thinking about my wife taking the leave of absence this semester, but the CIC has the more strict policy since 2014 that the study permit person can't stop studying including the leave of absence.
The study permit and the spouse work permit will be expired in 90 days if the study permit holder is no longer enrolled, the CIC doesn't care the reason that is the leave of absence or dropping out.



Thank you by the way.

 

[evanstp9]

Below is your answer, straight from the source!

Foreign workers nominated by a province or territory

A person who has a valid nomination from a province or territory for permanent residence and is employed or has a job offer from an employer based in that province may be issued a work permit without requiring an LMIA.

In order for this provision to be applied, the application for the work permit must include the following:

the Offer of employment to a foreign national exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] and proof the employer has paid the employer compliance fee;
a copy of the nomination letter from the provincial or territorial government that confirms that the foreign national has been nominated for permanent residence by the province (if the nomination is expired, a copy of the acknowledgement letter confirming that CIC received the permanent residence application while the nomination was still valid); and
a statement from the province that it has determined that all factors required for the issuance of a work permit under paragraph R204(c) as per its agreement with Canada have been met, identifying the occupation and employer information. The required factors include
that the nominated individual is urgently required by the provincial-based employer who has made the foreign national a job offer in that province or territory (it should be noted that self-employed persons are therefore not eligible for this type of work permit, given the lack of employer-employee relationship),
that the job offer is genuine and the job offer will create economic benefits or opportunities,
that the employment is not part-time or seasonal, and
that the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens.
Applications that do not include the requested information will be refused. Persons whose nominations have expired but who submitted an application for permanent residence before the expiry date of the nomination and are waiting for their acknowledgement of receipt of the permanent residence application letter from CIC should

delay their application for a work permit under this provision until they obtain the acknowledgement of receipt;
seek an extension of their certificate to the nominating jurisdiction; or
obtain an LMIA.
Instructions for processing officers

The duration of the work permit should be equivalent to the duration of the offer of employment. Where the offer of employment is for a “permanent duration”, the work permit will be issued for a maximum of two years.

Note: If there are any obvious potential medical, criminal, or security concerns, these should be dealt with before any work permit is issued.
Note: It is not necessary for the foreign national’s application for permanent residence to have been received by CIC for the work permit to be issued, unless the nomination is expired. In that case, a copy of the acknowledgement letter confirming that CIC received a Provincial Nominee Program (PNP) permanent residence application should be provided with the work permit application. Officers should verify the PNP application in the Global Case Management System (GCMS) to ensure that the nomination has not been withdrawn by the province and that no adverse information is found on the file.
Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province are entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant, irrespective of the skill level of the principal applicant’s occupation.

For Quebec cases, the legislative authority for the LMIA exemption is paragraph R205(a). For further information, refer to LMIA-exempt work permit renewals and extensions for certain Certificat de sélection du Québec (CSQ) holders currently in Quebec.

Here's the link: http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp
Just print that section from a browser, and flagpole.

If you have all the documentation needed, you are entitled to apply at a port of entry, so just be clear and maybe talk with a supervisor if you get the same employee who does not know his/her job.

Good luck!

 

[TicTocCroc]

I submitted a paper application for this with the same documents that you have and I got refused and told to get a LMIA.

My MP called CIC and forwarded the response from them saying I wasn't LMIA exempt, which completely contradicts the quote from the website.

hope you have better luck than me!

 

[twarpdev]

UPDATE:

I just give it a shot, went to Niagara, did the exactly the same thing that I did last time with the exact same documents.

A different officer called me, I guess I was lucky since the officer who has refused my request wasn't in the office.

The officer didn't even ask any additional questions once I told her "I'm here to apply the work permit with my PNP nominee".
She told me to seat on a bench while she is processing the permit, she called me few times to ask me about the medical exam, the family relation proof and pay the fees at the cashier.

Bottom line is, I've got the work permit and my wife got the open work permit as well.

The only difference was that I brought the employment verification letter this time, but I doubt that this made a difference.
I am sorry, but seeing the right person is key at the border.

 

[Tkhurmi]

UPDATE:

I just give it a shot, went to Niagara, did the exactly the same thing that I did last time with the exact same documents.

A different officer called me, I guess I was lucky since the officer who has refused my request wasn't in the office.

The officer didn't even ask any additional questions once I told her "I'm here to apply the work permit with my PNP nominee".
She told me to seat on a bench while she is processing the permit, she called me few times to ask me about the medical exam, the family relation proof and pay the fees at the cashier.

Bottom line is, I've got the work permit and my wife got the open work permit as well.

The only difference was that I brought the employment verification letter this time, but I doubt that this made a difference.
I am sorry, but seeing the right person is key at the border.

Hi, I have couple of question if you can help me answering it!

1. what is employment verification letter? is it also called job letter that has mentioned job duties and salary stuff on it?

2. what documents do i & my employer needs in order to apply for closed work permit?

can i apply for closed work permit if i have 2 months left to expiring my current open work permit ? (i mean to say my open work

permit is going to expire in june,2017. can i apply for closed work permit in april,2017?

 

[K4n4d4WS]

Hi, I have couple of question if you can help me answering it!

1. what is employment verification letter? is it also called job letter that has mentioned job duties and salary stuff on it?

2. what documents do i & my employer needs in order to apply for closed work permit?

can i apply for closed work permit if i have 2 months left to expiring my current open work permit ? (i mean to say my open work

permit is going to expire in june,2017. can i apply for closed work permit in april,2017?

just go to the link which i postet earlier in this thread from you
http://www.canadavisa.com/canada-immigration-discussion-board/need-help-about-work-permit-t468823.0.html;msg5698026#msg5698026
and READ the instructions

 

[gowthamp]

UPDATE:

I just give it a shot, went to Niagara, did the exactly the same thing that I did last time with the exact same documents.

A different officer called me, I guess I was lucky since the officer who has refused my request wasn't in the office.

The officer didn't even ask any additional questions once I told her "I'm here to apply the work permit with my PNP nominee".
She told me to seat on a bench while she is processing the permit, she called me few times to ask me about the medical exam, the family relation proof and pay the fees at the cashier.

Bottom line is, I've got the work permit and my wife got the open work permit as well.

The only difference was that I brought the employment verification letter this time, but I doubt that this made a difference.
I am sorry, but seeing the right person is key at the border.

what kind of work permit you received? Is that closed to your employer or is it open work permit? based on information you provided, it is like a closed work permit, but just want to make sure.
How long did they gave you work permit?

 

[Tkhurmi]

what kind of work permit you received? Is that closed to your employer or is it open work permit? based on information you provided, it is like a closed work permit, but just want to make sure.
How long did they gave you work permit?

right now i am holding three years open work permit, which is going to expire in june,2017. Now what i figured out is i can apply for closed work permit only because of employer restriction on my pnp certificate.I have applied for paper based pr in December,2016.

 

[twarpdev]

what kind of work permit you received? Is that closed to your employer or is it open work permit? based on information you provided, it is like a closed work permit, but just want to make sure.
How long did they gave you work permit?

Yes, I got the closed work permit for 2 years.

 

[Tkhurmi]

[shadow=red,left]

Yes, I got the closed work permit for 2 years.

So how long it took you and your employer to get your work permit?

what is the first step?
is it from your side or your employer side?

is it possible we can msg on whatsapp number ?