Visitor status whilst awaiting nomination

[sancho]

Hi guys
I just need a little assistance. So, I'm now having to apply for restoration of status, have until august 19th. My employer isn't willing to take the LMIA route, and I'm a BC PNP september applicant, so I have a few months to wait for that yet.
I am told that if I apply for restoration as a visitor, the application could take many months, and during that period, I cannot leave Canada.
I have also been told, that I would then have to apply for my work permit (when I'm eventually nominated) outland, and this could also be a few months to process.
I was sure that if I remain in status in country as a visitor, when I have my permit support document and everything else I need, I could just flagpole and get my work permit on the day?
Could somebody clarify please
Thanks

 

[scylla]

You can only flagpole if you are in status in Canada. If you're out of status, flagpoling isn't an option.

When you say that "if I remain in status in country as a visitor" - what exactly do you mean by that? Did you apply to change your status to visitor BEFORE your work permit expired? If so, that would change things. If not, then you are in the country - but you certainly are no longer in status as a visitor (you are out of status).

Can you clarify if you submitted an application to change your status to visitor before your work permit expired?

 

[sancho]

I applied for a work permit extension which was rejected. So now i'm given a deadline to restore status as a visitor.

 

[liisa227]

I applied for a work permit extension which was rejected. So now i'm given a deadline to restore status as a visitor.

If you can restore your status to visitor, then after the restoration takes effect you'll be in Canada legally, and you should be fine. Obviously you can't work while on visitor status, but at least you can stay here without worries.

When it comes to flagpoling for a new work permit, you can certainly do that once you have your nomination and other supporting documents. You don't need to send in an actual paper/online application to get the permit.

Flagpoling can feel a bit intimidating (even though it really isn't), so if you want to feel more comfortable, you can always go down to the US for a day or weekend, and then get the permit on your way back. The "scary" part about flagpoling is technically being rejected entry into the US, but it really isn't a big deal. I've done actual flagpoling twice, and it's not so bad. The officers on both US and Canada side know how to deal with it, and it won't leave a negative mark on your files.

What you're describing is essentially exactly what I did last year, except that I didn't have to go through restoration. My work permit expired before I got my nomination, so I changed my status to visitor, and then once I got the nomination, I applied and received a work permit at the border when I was coming back from a trip to Portland.

As long as your restoration goes through without problems (i.e. successfully transfer into being a visitor) and you have your nomination documents, support letter and ideally a letter from your employer saying they want to retain you as an employee (plus anything else you can think of), you should be fine getting a work permit at the border.