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work permit extensions at Port of Entry?

helenaD

Star Member
Feb 8, 2011
81
8
BC
Category........
Job Offer........
Pre-Assessed..
Hi,
My husband and I have PR application (via PNP) in process in Buffalo NY (medicals just sent off). We have resided in BC for almost 3 yrs. My husbands Temporary work permit expires April 15th, and so too will my open spousal permit. We would apply to Vegreville by mail or online for extension of same - however we are concerned about being in 'Implied Status' if not processed by expiry date, as we need to travel out of Canada at end of April. Can anybody advise if it would be possible to obtain the extension by going to the US border (we are in Vancouver)? I required a medical for my initial permit as I work as a nurse, will this be a requirement of the extension also? We would be willing to try the port of entry option first and then if unsuccessful would still have a chance of having the online application processed before we need to travel. Has anyone else had a similar experience or could advise please?! We are Irish nationals.
thanks,
Helena D.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Good idea trying the POE first while you still have time to send your app to Vegreville should you not be allowed to apply there. You can do that because you don't need a visa to enter Canada/US. Please keep us posted of the results. I also intend to get my WP from the border this time. But I am from a country whose citizens need visa to enter Canada/US, so a bit of a dilemma on my part it the officer will let me apply from there.

helenaD said:
Hi,
My husband and I have PR application (via PNP) in process in Buffalo NY (medicals just sent off). We have resided in BC for almost 3 yrs. My husbands Temporary work permit expires April 15th, and so too will my open spousal permit. We would apply to Vegreville by mail or online for extension of same - however we are concerned about being in 'Implied Status' if not processed by expiry date, as we need to travel out of Canada at end of April. Can anybody advise if it would be possible to obtain the extension by going to the US border (we are in Vancouver)? I required a medical for my initial permit as I work as a nurse, will this be a requirement of the extension also? We would be willing to try the port of entry option first and then if unsuccessful would still have a chance of having the online application processed before we need to travel. Has anyone else had a similar experience or could advise please?! We are Irish nationals.
thanks,
Helena D.
 

oilsand

Star Member
Jul 26, 2008
82
2
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CPC-Ottawa
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LANDED..........
July 2012
job_seeker said:
Good idea trying the POE first while you still have time to send your app to Vegreville should you not be allowed to apply there. You can do that because you don't need a visa to enter Canada/US. Please keep us posted of the results. I also intend to get my WP from the border this time. But I am from a country whose citizens need visa to enter Canada/US, so a bit of a dilemma on my part it the officer will let me apply from there.
Isnt it that WP extension at POE is only for applicants coming from visa exempt countries? Arent you risking a lot by even trying to get from WP extension from POE?

In my WP extension, I avail of the existing Concurrent processing and send it with 2 weeks of expiration of WP. After a week or I called the CIC call center agent to update my file with a positive LMO reference #, another week past got a call from Vengreville requesting receipt # in order to issue my WP. ;D
 

oilsand

Star Member
Jul 26, 2008
82
2
Category........
Visa Office......
CPC-Ottawa
Job Offer........
Pre-Assessed..
LANDED..........
July 2012
deepak09 said:
@ oilsand

How much time did it take you to get your work permit extended

Regards
Deepak
From the time my apps reached Vegreville to the time I got a call from them is 3 weeks, remember its just a verbal confirmation and not the actual WP yet.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Yeah, processing time depends on whether you're applying for a new employer or an old/existing employer. You're on implied status if you're applying for the same employer woith the same conditions as the previous work permit. And they use ordinary mail to send the WP.

oilsand said:
From the time my apps reached Vegreville to the time I got a call from them is 3 weeks, remember its just a verbal confirmation and not the actual WP yet.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
What are the possible risks I may face? I have multiple entry visas to both US and Canada. I am assuming, a refusal from the port of entry officer to process my app is the worst response I can get, and so I can just send my application to Vegreville should that happen.

Edited: Hmmm on second thought, I should probably just mail my application to Vegreville. But I am still interested to know what the possible risks are applying from the POE considering citizens from countries who do not need visa can, what about us lesser citizens who need visas, can't we apply even if we do have have Canadian TRVs/ US B1-B2 visas?

oilsand said:
Isnt it that WP extension at POE is only for applicants coming from visa exempt countries? Arent you risking a lot by even trying to get from WP extension from POE?

In my WP extension, I avail of the existing Concurrent processing and send it with 2 weeks of expiration of WP. After a week or I called the CIC call center agent to update my file with a positive LMO reference #, another week past got a call from Vengreville requesting receipt # in order to issue my WP. ;D
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
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job_seeker said:
What are the possible risks I may face? I have multiple entry visas to both US and Canada. I am assuming, a refusal from the port of entry officer to process my app is the worst response I can get, and so I can just send my application to Vegreville should that happen.

Edited: Hmmm on second thought, I should probably just mail my application to Vegreville. But I am still interested to know what the possible risks are applying from the POE considering citizens from countries who do not need visa can, what about us lesser citizens who need visas, can't we apply even if we do have have Canadian TRVs/ US B1-B2 visas?
If you have a valid visa for the US then you can flagpole to extend your work permit, assuming all of your other paperwork is complete to extend your WP.
 

helenaD

Star Member
Feb 8, 2011
81
8
BC
Category........
Job Offer........
Pre-Assessed..
Refused work permit extensions at Port of Entry - NEED NEW LMO!

Just to update - we went to POE, at Peace Arch yesterday. Unfortunately we did not get work permit extensions, the Immigration officer stated that my husband does in fact need a new LMO - although his employer had verified with CIC that he would be eligible for extension with his letter from PNP (for our PR application) - TURNS OUT NOT TO BE THE CASE!. Had we known this we would have obtained this LMO earlier obviously! So anyone who is looking for an extension of work permit, needs to commence the process about 5 months prior to their expiry date, as LMO can take 6-8 weeks to obtain, and many are being declined. The PR application is seen as an entirely separate process with no relevance to your case when applying for a temporary work permit. We are obviously concerned now about the timeline of gaining the positive LMO, as we have only 8 weeks left on current work permit. I understand that concurrent processing is no longer an option and so we have to get the positive LMO first. My open spousal permit is dependent on medical (not yet processed by Ottawa) so hopefully once we have the LMO and Medical cleared, we will make another more successful trip in a few weeks! Any tips on how to speed up a LMO in BC? We are keen to avoid Implied Status due to obligation to travel out of Canada in late April.
Helena D.
 

edong

Full Member
Jan 4, 2011
28
1
Well I guess that WP extensions at POE is for VISA exempt countries only. It is sad that we need to get a new positive LMO before extending our WP although most of us is still employed by the same employer.
 

oilsand

Star Member
Jul 26, 2008
82
2
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CPC-Ottawa
Job Offer........
Pre-Assessed..
LANDED..........
July 2012
Re: Refused work permit extensions at Port of Entry - NEED NEW LMO!

helenaD said:
Just to update - we went to POE, at Peace Arch yesterday. Unfortunately we did not get work permit extensions, the Immigration officer stated that my husband does in fact need a new LMO - although his employer had verified with CIC that he would be eligible for extension with his letter from PNP (for our PR application) - TURNS OUT NOT TO BE THE CASE!. Had we known this we would have obtained this LMO earlier obviously! So anyone who is looking for an extension of work permit, needs to commence the process about 5 months prior to their expiry date, as LMO can take 6-8 weeks to obtain, and many are being declined. The PR application is seen as an entirely separate process with no relevance to your case when applying for a temporary work permit. We are obviously concerned now about the timeline of gaining the positive LMO, as we have only 8 weeks left on current work permit. I understand that concurrent processing is no longer an option and so we have to get the positive LMO first. My open spousal permit is dependent on medical (not yet processed by Ottawa) so hopefully once we have the LMO and Medical cleared, we will make another more successful trip in a few weeks! Any tips on how to speed up a LMO in BC? We are keen to avoid Implied Status due to obligation to travel out of Canada in late April.
Helena D.

Not really, I just use the concurrent processing to apply for WP extension. I send by mail my application together with EC, LMO reference number and other documents withIN 2 weeks prior to my WP expiration. I receive my LMO approval 1 week after my WP expire, updated CIC call center agent the same day. A week or so got a call from Vegreville requesting to fax my processing fee receipt as they are ready to approve my WP. Another week past received a letter of approval for my extension stating my WP will follow in a week.
 

jes_ON

VIP Member
Jun 22, 2009
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03-Sep-2011
Re: Refused work permit extensions at Port of Entry - NEED NEW LMO!

helenaD said:
Just to update - we went to POE, at Peace Arch yesterday. Unfortunately we did not get work permit extensions, the Immigration officer stated that my husband does in fact need a new LMO - although his employer had verified with CIC that he would be eligible for extension with his letter from PNP (for our PR application) - TURNS OUT NOT TO BE THE CASE!. Had we known this we would have obtained this LMO earlier obviously! So anyone who is looking for an extension of work permit, needs to commence the process about 5 months prior to their expiry date, as LMO can take 6-8 weeks to obtain, and many are being declined. The PR application is seen as an entirely separate process with no relevance to your case when applying for a temporary work permit. We are obviously concerned now about the timeline of gaining the positive LMO, as we have only 8 weeks left on current work permit. I understand that concurrent processing is no longer an option and so we have to get the positive LMO first. My open spousal permit is dependent on medical (not yet processed by Ottawa) so hopefully once we have the LMO and Medical cleared, we will make another more successful trip in a few weeks! Any tips on how to speed up a LMO in BC? We are keen to avoid Implied Status due to obligation to travel out of Canada in late April.
Helena D.
It will not hurt to apply for the LMO, but you should contact CIC to find out how to apply for a work permit with the PNP letter. I believe the IO at the border made a mistake, you should have been able to get the permit without a LMO - see the Foreign Worker Manual, p. 47 (see if your letter met the requirements).

http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf

You can also call HRSDC - they may confirm that you are LMO exempt.
 

rjessome

VIP Member
Feb 24, 2009
4,354
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Re: Refused work permit extensions at Port of Entry - NEED NEW LMO!

helenaD said:
Just to update - we went to POE, at Peace Arch yesterday. Unfortunately we did not get work permit extensions, the Immigration officer stated that my husband does in fact need a new LMO - although his employer had verified with CIC that he would be eligible for extension with his letter from PNP (for our PR application) - TURNS OUT NOT TO BE THE CASE!. Had we known this we would have obtained this LMO earlier obviously! So anyone who is looking for an extension of work permit, needs to commence the process about 5 months prior to their expiry date, as LMO can take 6-8 weeks to obtain, and many are being declined. The PR application is seen as an entirely separate process with no relevance to your case when applying for a temporary work permit. We are obviously concerned now about the timeline of gaining the positive LMO, as we have only 8 weeks left on current work permit. I understand that concurrent processing is no longer an option and so we have to get the positive LMO first. My open spousal permit is dependent on medical (not yet processed by Ottawa) so hopefully once we have the LMO and Medical cleared, we will make another more successful trip in a few weeks! Any tips on how to speed up a LMO in BC? We are keen to avoid Implied Status due to obligation to travel out of Canada in late April.
Helena D.
Did you get the Letter of Support from BC PNP? The officer at the POE was wrong. Your husband does not need a new LMO to get an extension for his work permit.

The relevant portion of the Foreign Worker manual jes_ON is referring to is:

It has been agreed with the provinces that have entered into provincial nominee agreements that
a person who has been nominated by a province for permanent residence and has a job offer
from an employer based in that province may be issued a work permit without requiring an LMO.
In order for this provision to be applied, the application for the work permit must include a letter
from the provincial government that confirms:
2. Temporary Foreign Worker Nominated by a Province (TFW-PNP)
• that the foreign national has been nominated for permanent residence by the province; and
• that the nominated individual is urgently required by the provincial-based employer who has
made the foreign national a job offer.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Re: Refused work permit extensions at Port of Entry - NEED NEW LMO!

Is not the Certificate of Nomination enough to obtain the new WP?

helenaD said:
Just to update - we went to POE, at Peace Arch yesterday. Unfortunately we did not get work permit extensions, the Immigration officer stated that my husband does in fact need a new LMO - although his employer had verified with CIC that he would be eligible for extension with his letter from PNP (for our PR application) - TURNS OUT NOT TO BE THE CASE!. Had we known this we would have obtained this LMO earlier obviously! So anyone who is looking for an extension of work permit, needs to commence the process about 5 months prior to their expiry date, as LMO can take 6-8 weeks to obtain, and many are being declined. The PR application is seen as an entirely separate process with no relevance to your case when applying for a temporary work permit. We are obviously concerned now about the timeline of gaining the positive LMO, as we have only 8 weeks left on current work permit. I understand that concurrent processing is no longer an option and so we have to get the positive LMO first. My open spousal permit is dependent on medical (not yet processed by Ottawa) so hopefully once we have the LMO and Medical cleared, we will make another more successful trip in a few weeks! Any tips on how to speed up a LMO in BC? We are keen to avoid Implied Status due to obligation to travel out of Canada in late April.
Helena D.