Note that as you require a TRV to enter Canada, you don't qualify to apply for a work permit at a POE. Some have gotten away with doing this but know that there is a good chance that you will be knocked back and told to apply at a visa office.
Yes, I read about that requirement but when I browsed this forum I didn't come across anyone for whom the work permit application was denied at POE at land border.
There are certainly plenty of posts here with examples where people have been refused. They may be a bit tricky to find - but they are certainly there.
Yes - the work permit will be issued in Toronto. You'll want to ensure you have at least two hours between flights.
That's not entirely correct. IRPA regulation 190(3)f states this:
I guess depends how CBSA interpret 'visit' the USA given with flagpoling you do not enter the USA so technically having not entered you do not visit. All words I know but ultimately upto the individual to interpret as they want .
If you speak USCBP officer and received their administrative refusal letter then you visited the US and are seeking entry. That's exactly how the CBSA interprets visit.
If they got refused at a land border after a flag pole, it wasn't because they didn't have the work visa. More than likely some of their documents weren't in order, or they didn't qualify in some other way for the work permit they were seeking.
That is your interpretation, not CBSA's. The fact is, many have been refused for just this reason.
No it's the CBSA's interpretation. You still visited the USA even though you were refused entry. Any cracker jack lawyer will rip you to shreds if you try to argue that seeing a CBP officer at US POE on US soil, isn't a visit to the US. No where in 190(3)f does it say you needed to be authorized to enter the USA. It just says visit. The refusal letter doesn't mean you didn't visit the USA. It is just a mutual agreement by the USA and Canada, to obligate each country to take back each country's refusals.
As I have stated, some have managed to do it while some have been refused, so I am quite sure that a refusal is possible.
If they meet the elements of regulation 190(3)f, meaning that they already have valid status in Canada, that their status hasn't expired, and they are coming from the United States, even as a flagpole, they can apply for a work permit without a work visa. Now, if they are directly coming from the United States without first gaining status in Canada and they need a TRV, then yes they need a work visa. If their status expired in Canada and they flagpole without first applying for and getting restoration, then yes they need a work visa.
Why do you say that? Personally if someone was quoting IRPA regulations not found on the CIC site, and spoke with such conviction about what the process actually is, I would have thought differently.
Lol, that is hilarious. If you have a look through the forum, you will find MANY members, including myself, regularly quote IRPA. You will also find people "speaking with conviction" when they are completely wrong. Here are just a few of the many threads where I have quoted IRPA:
