Travel outside canada before getting Temprory Foriegn Work Permit

[Ramanath munusamy]

Hi,

Can someone advise me? Currently Im in implied status and my company has applied LMIA hopefully will get end of this April once they applied Work permit can I leave canada before receving my work permit? If yes, is it possible to apply my TRV in back home in india (as per my consultant they will email/fax me the copy of work permit) or else shall I try to get my work permit in canada border? Waiting for priority responce thank you

 

[ankit_vkumar]

Hi Ramanath,

In my humble opinion, you can remain in canada on implied status and meet the conditions of your original WP (i.e. if you were on a closed WP, you can continue working for the same employer). However, if you leave the country, then you need a legal status to enter back in the country which could be your new LMIA based WP or a TRV. You can apply for a TR from India, and it takes 7 weeks for processing as per CIC website. Per my understanding, application for TRV should not conflict your current LMIA WP Application.

However, having said that, I have come across a few cases in this forum, where-in people have travelled outside Canada and then re-entered showing the email from CIC confirming their WP application is in process (basically proving they have an implied status). You can call IRCC call centre at 1-888-242-2100 to enquire more about your status.

May I ask what WP are you currently on? Also have you applied for LMIA WP yourself or through a consultant?
I'm in the same boat, I have an Intra-Company Closed WP expiring first week of May and I have a job offer from another employer and in the process of applying for LMIA based WP through an immigration lawyer. However, since my WP would expire before the decision on new LMIA WP comes through, I'll be on implied status in the country. I also had plans to travel to US in May but I might not go since I don't want to take the risk of not being able to come back in Canada.

Good Luck. Lets stay connected through this forum.

 

[Gregor.Samsa]

Hi,

Can someone advise me? Currently Im in implied status and my company has applied LMIA hopefully will get end of this April once they applied Work permit can I leave canada before receving my work permit? If yes, is it possible to apply my TRV in back home in india (as per my consultant they will email/fax me the copy of work permit) or else shall I try to get my work permit in canada border? Waiting for priority responce thank you

Under implied status you can leave Canada but you CANNOT re-entry.

You need a valid status, even as visitor, or have your new WP in hand.

I don't know if you can get this WP extension at the POE because your company applied for a WP extension within Canada so CIC will mail the WP to your representative.

Important question, how are you under implied status?
You nor your company did apply yet for WP extension, so I just only suppose you did applied for something else, that's right?

 

[Ramanath munusamy]

Hi ankit and sam
Im was a semi skilled worker in work permit. My work permit expired on 2nd week of may and my consultant have applied my LMIA on 1st week of december and its gonna be almost 5 months and im not sure I'll leave canada before i get my work permit but in case of emergency purpose if i leave canada can i apply my trv in india. As per my consultant they said they will email or fax the New Work permit to me if im in back home.

 

[Gregor.Samsa]

Hi ankit and sam
Im was a semi skilled worker in work permit. My work permit expired on 2nd week of may and my consultant have applied my LMIA on 1st week of december and its gonna be almost 5 months and im not sure I'll leave canada before i get my work permit but in case of emergency purpose if i leave canada can i apply my trv in india. As per my consultant they said they will email or fax the New Work permit to me if im in back home.

So you're under WP until second week of May, right?

Only if you or your representative apply for a new WP before expiration you'll allowed to stay in Canada, while under implied status.

If LMIA not granted in time I strongly recommend to apply for visitor status to avoid restoration period issues.

WP by email or fax is useless, only valid to support some kind of application.

Best advise is to stay in Canada until get new WP

 

[Ramanath munusamy]

Hi sam,
So in case if i wanna leave canada because of any kind of emergency purpose can i go to the canada USA border to get my WP? What do you think if I go there and explain my situation of my emergency purpose??

 

[Gregor.Samsa]

Hi sam,
So in case if i wanna leave canada because of any kind of emergency purpose can i go to the canada USA border to get my WP? What do you think if I go there and explain my situation of my emergency purpose??

I guess that To be able to get WP at the border your representative should be apply for WP based on LMIA as "outside" Canada, but I don't know if it's possible.

If possible, you'll be issued a letter of approval, and you will be able to get WP at POE, just like you probably did before.

Anyways, if you're thinking about a possible emergency is good to know your options, but don't have to worry too much about it.

I'll be more worried about your WP expiration date, I strongly recommend you to prepare documents and forms to apply for change of status to visitor if your representative cannot appply for a new WP before current expires.

You have 2-3 weeks, so better prepare your visitor application, just in case.