Eligibility to work

Old Jul 29th 2017, 12:36 pm
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Default Eligibility to work

Hi everyone,

I have a question relating to my partners status. To provide a little background, she had an IEC permit which expired June 30th, she applied for visitor status before that date to remain in Canada, her positive LMIA then came through a few days ago. So we went to the closest border hoping to get a new permit but were informed by the office that she was not pre approved and they could only process the new permit application on a Tuesday, Wednesday or Thursday and they advised to apply only online for a new permit. We are doing this now, have all the required documents etc no problem with that but my question is can she work for the employer that got the LMIA once we submit this application or must she wait until this is actually processed and approved? (If that's the case, what are processing times?)

Last edited by MarkS28; Jul 29th 2017 at 12:40 pm.
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Old Jul 29th 2017, 5:35 pm
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Default Re: Eligibility to work

I don't know the answer, sorry, but this may be of help.

https://www.canada.ca/en/employment-...ent/after.html

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Old Jul 29th 2017, 6:42 pm
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Default Re: Eligibility to work

Hi


Originally Posted by MarkS28
Hi everyone,

I have a question relating to my partners status. To provide a little background, she had an IEC permit which expired June 30th, she applied for visitor status before that date to remain in Canada, her positive LMIA then came through a few days ago. So we went to the closest border hoping to get a new permit but were informed by the office that she was not pre approved and they could only process the new permit application on a Tuesday, Wednesday or Thursday and they advised to apply only online for a new permit. We are doing this now, have all the required documents etc no problem with that but my question is can she work for the employer that got the LMIA once we submit this application or must she wait until this is actually processed and approved? (If that's the case, what are processing times?)

1. No, the LMIA just allows her to apply for a work permit.
2. Who ever you talked to at the border was mistaken, she can't apply in Canada it would have to go to an overseas office as she is now a visitor.
3. Let me guess she tried to flagpole at an Ontario border port.

From CBSA

To alleviate pressure at land border crossings, the CBSA informally announced today that it will no longer be permitting flag-poling at certain high volume ports-of-entry in the Southern Ontario Region during peak periods (i.e. on Fridays, Saturdays, Sundays, or Mondays), effective immediately. The ports-of-entry affected by this initiative include:
– Queenston;
– Niagara Falls;
– Rainbow Bridge; and
– Fort Erie (Peace Bridge).


So she should go from Tuesday to Thursday.
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Old Jul 30th 2017, 3:25 am
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Default Re: Eligibility to work

Originally Posted by PMM
Hi





1. No, the LMIA just allows her to apply for a work permit.
2. Who ever you talked to at the border was mistaken, she can't apply in Canada it would have to go to an overseas office as she is now a visitor.
3. Let me guess she tried to flagpole at an Ontario border port.

From CBSA

To alleviate pressure at land border crossings, the CBSA informally announced today that it will no longer be permitting flag-poling at certain high volume ports-of-entry in the Southern Ontario Region during peak periods (i.e. on Fridays, Saturdays, Sundays, or Mondays), effective immediately. The ports-of-entry affected by this initiative include:
– Queenston;
– Niagara Falls;
– Rainbow Bridge; and
– Fort Erie (Peace Bridge).


So she should go from Tuesday to Thursday.
PPM can you send the link I am interested if there is something similar in place at Peace Arch or Pacific.
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Old Jul 30th 2017, 3:31 am
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Default Re: Eligibility to work

Originally Posted by Engineer_abroad
PPM can you send the link I am interested if there is something similar in place at Peace Arch or Pacific.
I could only find this about the Pacific region and nothing mentioned about flag poling
https://www.canada.ca/en/border-serv...highwaydi.html
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Old Jul 30th 2017, 3:33 am
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Default Re: Eligibility to work

Originally Posted by Former Lancastrian
I could only find this about the Pacific region and nothing mentioned about flag poling
https://www.canada.ca/en/border-serv...highwaydi.html
Thanks FL
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Old Jul 30th 2017, 3:48 am
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Default Re: Eligibility to work

Originally Posted by PMM
Hi





1. No, the LMIA just allows her to apply for a work permit.
2. Who ever you talked to at the border was mistaken, she can't apply in Canada it would have to go to an overseas office as she is now a visitor.
3. Let me guess she tried to flagpole at an Ontario border port.

From CBSA

To alleviate pressure at land border crossings, the CBSA informally announced today that it will no longer be permitting flag-poling at certain high volume ports-of-entry in the Southern Ontario Region during peak periods (i.e. on Fridays, Saturdays, Sundays, or Mondays), effective immediately. The ports-of-entry affected by this initiative include:
– Queenston;
– Niagara Falls;
– Rainbow Bridge; and
– Fort Erie (Peace Bridge).


So she should go from Tuesday to Thursday.
Hi, thanks for that. You're right, she tried to flagpole at Rainbow Bridge.

Going back midweek isn't a problem but the border officer also mentioned the demand is so high on these days that they open at 8am and have stopped accepting people who require this processing by 8:10am which is a little worrying. Is this only the case if you're flag-piling? What if you actually enter the US for a few hours then come back?
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Old Jul 30th 2017, 4:09 am
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Default Re: Eligibility to work

Originally Posted by MarkS28
Hi, thanks for that. You're right, she tried to flagpole at Rainbow Bridge.

Going back midweek isn't a problem but the border officer also mentioned the demand is so high on these days that they open at 8am and have stopped accepting people who require this processing by 8:10am which is a little worrying. Is this only the case if you're flag-piling? What if you actually enter the US for a few hours then come back?
You would still be considered as flag poling in the eyes of CBSA as you have only been gone a few hours. You also have the option of making an appointment with our nearest IRCC office but the appointment might be in weeks and not days.
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Old Jul 30th 2017, 4:31 am
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Default Re: Eligibility to work

Originally Posted by Former Lancastrian
You would still be considered as flag poling in the eyes of CBSA as you have only been gone a few hours. You also have the option of making an appointment with our nearest IRCC office but the appointment might be in weeks and not days.
I think for quickness we will go back on Tuesday. I'm just concerned about getting there that early. Hopefully it's an exaggeration that they stop accepting people by 8:10am but best not risk it.
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Old Jul 30th 2017, 4:50 am
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Default Re: Eligibility to work

Flagpoling - Check Before Going to US/Canada Borders in Ontario (there's also a pdf from CBSA within the post)
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Old Jul 30th 2017, 7:03 am
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Default Re: Eligibility to work

Originally Posted by Siouxie
Flagpoling - Check Before Going to US/Canada Borders in Ontario (there's also a pdf from CBSA within the post)
Thank you
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Old Jul 30th 2017, 12:38 pm
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Default Re: Eligibility to work

Hi


Originally Posted by Former Lancastrian
You would still be considered as flag poling in the eyes of CBSA as you have only been gone a few hours. You also have the option of making an appointment with our nearest IRCC office but the appointment might be in weeks and not days.
1. That wouldn't work as the OP has visitor status and is not eligible to receive a work permit at an inland office.
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