Visa- and LMIA-exempt Work Permit: Online application vs. border?

[scylla]

WELP I tried! I got past CBSA officer no problem - he was very supportive. IRCC officer was a massive dick...basically, he told me he has the power to determine whether I'm essential or not, and what he considers essential is a doctor or a nurse, period. This is when I started ugly crying (can't help my emotions haha).

He suggested calling IRCC (which, lol, I can only do if inside Canada). Glimmer of hope: they're easing up the auto trade restrictions shortly, so this might be an indication for other less-essential travel to start going back and forth again. Also, he told me even if I have a POE letter, it's unlikely the border will let you through unless you have support from your employer that your job is still current and essential...and that definition of essential is entirely up to the officer you're lucky enough to get on that particular day.

My advice: don't try it (unless you're like 30 minutes from the border like me, then go for it bc there's really nothing to lose) until the border restrictions ease (~May 20 earliest for the USA), or the Quarantine Act is lifted (June 30 earliest).

I'm back home now having hot chocolate and snuggling with my dog.

Sorry to hear that. I think that was the expected outcome unfortunately based on other experiences on the forum and communications from CBSA/IRCC regarding the processing of work permit applications at the border.

You still have the online application processing, right?

 

[marrymechrispratt]

Mehh it's alright. I know everybody's going through this one way or another. Yes, my app is still processing online. It's just a pain trying to contact them and actually get somebody in person.

 

[scylla]

Mehh it's alright. I know everybody's going through this one way or another. Yes, my app is still processing online. It's just a pain trying to contact them and actually get somebody in person.

IMO there's no point calling anyone. You just have to sit tight and wait for the online work permit to be approved.

What is your status in the U.S.? Are you American?

 

[marrymechrispratt]

Yea, I'm American.

 

[scylla]

Yea, I'm American.

You said your employer in Canada is willing to let you work remotely, right?

If that's the case, why can't you start working now from the U.S.? You don't need a Canadian work permit to work from the U.S. You only need the work permit once you are relocating to Canada and will be physically working here.

 

[marrymechrispratt]

I've asked them, but their policy is that employees have to be inside of Canada (they can work remotely interprovincially, but not internationally)...idk why, but it doesn't seem possible.

 

[scylla]

I've asked them, but their policy is that employees have to be inside of Canada (they can work remotely interprovincially, but not internationally)...idk why, but it doesn't seem possible.

Ah - got it. There can be a number of reasons why that is sometimes the case. Fair enough. At least you asked.

 

[robkin]

I think the problem is summed up in:

https://www.jdsupra.com/legalnews/a-revised-update-on-canada-s-travel-78758/

"Since entering Canada for work should not be considered optional or discretionary, it should still be possible for a visa-exempt work permit applicant to apply at the time of entry, at least when travelling from the United States."

"Notwithstanding IRCC’s PDIs and its informal statements, some CBSA officers still appear to be applying an “essential services” test to temporary foreign workers who are seeking entry to Canada. This can occur even in cases where the foreign national received his or her work permit or letter of introduction before the Travel Restrictions were implemented. As mentioned above, the application of an “essential travel” test appears to be inconsistent with the Revised International Order and the Revised Canada-US Order."

 

[marrymechrispratt]

^Yep. The dude was on a power trip, and I wasn't about to test him.

 

[Fptw]

Ugh. So disappointing...he can’t be the only officer there? Could it be worth trying again? Did they indicate if you could have returned to the States if you had had your work permit?

 

[Fptw]

Also wondering if you had a letter from your employer indicating the work is essential? If not, do you feel that would have helped? So many questions...

 

[marrymechrispratt]

He was 1 of 2 officers there. Immigration isn’t too busy I’m not going to try again, at least not at that POE. I could try Sarnia (only ~45 min away), but I’ll likely just wait for online POE letter.

If you’re American, nobody will prevent you from coming back into the United States and it certainly is possible to come back after getting the work permit. However if you’re not a U.S. citizen, then I’d be weary of this due to COVID restrictions.

 

[Df.Set]

Flagpoling doesn't secure that you will take the papers!!!! so better late than deport!!!

 

[marrymechrispratt]

Also wondering if you had a letter from your employer indicating the work is essential? If not, do you feel that would have helped? So many questions...

I had an email correspondence stating the job is waiting for me, and able to start remotely while I’m in quarantine. Under the US-Canada order, the job does not need to be essential (it does for other foreign nationals, and those requiring a visa and eTA)...the agent was wrong to dictate what was essential or not.

 

[robkin]

^Yep. The dude was on a power trip, and I wasn't about to test him.

If you’re looking for something to read during quarantine I’d recommend the book “Never split the difference” by Christopher Voss.