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a friend got re entry as a visitor?!

a friend got re entry as a visitor?!

Old Sep 2nd 2010, 2:26 pm
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Default a friend got re entry as a visitor?!

my husband has a work colleague who having had his wp expire in februaury 2010 and didnt re apply for lmo because he (wrongly beleived) he could just get an extension ...who just left canada for 2 weeks and got allowed back in .

im confused by this ......i was pretty sure this guy would be refused entry at border due to lack of wp all these months and that the guards would realise he had been working.
im guessing they have let him in with a visitor visa ...all he said was he had 6 months...he thinks this will give him time for his pr to come through.

i should probably feel happy for this guy but i feel annoyed ..it doesnt seem fair as we have had to do everything by the book and have had to pay for 4 wp whilst waiting on pr!

do you think it was just his lucky day?
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Old Sep 2nd 2010, 2:36 pm
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Default Re: a friend got re entry as a visitor?!

Why? The way work permits are formulated I think that if you apply for an extension its implied that your status is approved unless you are rejected, so if his permit expired and he carried on working until he heard one way or the other then he hasnt actually done anything wrong.

Maybe an expert will correct me, but that was my understanding.

Plus you can apply for a work permit at the point of entry if you have the necessary documentation too, so perhaps hes not just let in as a visitor either.

But, if he was let back in as a visitor, then NOW he cant work as a judgment was made I think.

Last edited by iaink; Sep 2nd 2010 at 2:47 pm.
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Old Sep 2nd 2010, 2:41 pm
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Default Re: a friend got re entry as a visitor?!

yeah i realise that his status should be implied right now but he did get a letter also stating that he could not simply extend his wp and that he had to apply for an lmo (which he did not do).
i think he thinks he will get his pr and everything else will sort itself out.....hes lucky if its that easy eh?
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Old Sep 2nd 2010, 2:46 pm
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Default Re: a friend got re entry as a visitor?!

Originally Posted by murrin
yeah i realise that his status should be implied right now but he did get a letter also stating that he could not simply extend his wp and that he had to apply for an lmo (which he did not do).
i think he thinks he will get his pr and everything else will sort itself out.....hes lucky if its that easy eh?
Its a risky business to assume anything where CIC are concerned. If he doesn't have an extension application in process, then he is indeed out of status I think, and simply a visitor.

Has he had medical requests or anything like that to suggest his PR will be done shortly?
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Old Sep 2nd 2010, 2:53 pm
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Default Re: a friend got re entry as a visitor?!

he had his meds done back in may 2010 but nothing from them since.

im pretty sure the 2 offices must be linked somehow and they would figure it all out .....maybe if he gets his ppr and goes to officially land ,thats where they will catch him and give him some trouble ?!
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Old Sep 2nd 2010, 3:00 pm
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Default Re: a friend got re entry as a visitor?!

Originally Posted by murrin
he had his meds done back in may 2010 but nothing from them since.

im pretty sure the 2 offices must be linked somehow and they would figure it all out .....maybe if he gets his ppr and goes to officially land ,thats where they will catch him and give him some trouble ?!
Somehow I doubt it. He had a work permit, he has PR in process nearly done, he applied for an extension. I see no reason to give him a hard time.
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Old Sep 2nd 2010, 3:02 pm
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Default Re: a friend got re entry as a visitor?!

interesting ..thanks for input..we will see what happens then i suppose!
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Old Sep 2nd 2010, 4:05 pm
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Default Re: a friend got re entry as a visitor?!

What he has done is perfectly legitimate (providing he is no longer working if he has no work permit).

http://www.cic.gc.ca/english/resourc...p/op11-eng.pdf

24. Implied status
(Replaces OB 092 – January 15, 2009)

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

A temporary resident with implied status who has left Canada may:

• be allowed to .... re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are TRV exempt as per R190 or on a multiple-entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the BSO that they have sufficient means of support.

(Note that this applies to foreign nationals who are TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)

• be allowed to .... apply for a new work or study permit at the port of entry provided they have a right to do so under the Regulations.


5.4. Dual intent

An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay [A22(2), R183]. The person's desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer should distinguish between such a person and an applicant who has no intention of leaving Canada if the application is refused.

An officer should also keep in mind:

• the time required to process an application for permanent residence, because the length of time will affect the applicant's means of support;
• obligations at home; and
• the applicant’s likelihood of leaving Canada if the application is refused.


Last edited by Siouxie; Sep 2nd 2010 at 4:09 pm.
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Old Sep 2nd 2010, 4:20 pm
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Default Re: a friend got re entry as a visitor?!

as far as i understand ..this man did not apply for his wp extension until after his exisiting wp expired and then was told from edmonton that his employer needed an approved lmo before he would be issued another wp......this was not done!
he has continued to work since his expiry in february,and then he left canada 2 weeks ago and is now back at work.....explaining thats hes back for 6 months.

i have not further details at the moment ..i just thought it was an interesting topic for discussion and wondered what exactly his rights were.

if i understand advice given then he would not have had implied status because he did not apply before expiration of wp and then has not followed advice for him to apply for lmo.
it appears he has been very lucky in being allowed back into canada for whatever reasons.
he must have convinced the officers at the airport that he would not be working and been given a visitor visa.

could he continue his lucky streak and gain his pr without a valid wp if they beleieve he has only been visiting ?
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Old Sep 3rd 2010, 12:23 am
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Default Re: a friend got re entry as a visitor?!

He wouldn't apply for an LMO, the company he works for would - are you sure that they haven't?

I doubt if the company he is working for would allow him to continue working if they knew he doesn't have a work permit - his SI number would expire (I believe) at the work permit expiry date. They would leave themselves open to being fined if they are allowing him to continue working with no permit.

However, if they have applied for an LMO (without your husband being aware) and it's been approved, perhaps he has applied for a new WP already (even though his implied status from his previous work permit would have expired when he left Canada there is nothing to stop him applying again).

As to re-entering Canada, only he and the IO know what he told them.. specultaion is just, well, speculation.

Perhaps your husband should ask him!

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Old Sep 3rd 2010, 1:06 am
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Default Re: a friend got re entry as a visitor?!

hi siouxie........the employer definately has not applied for an lmo on behalf of the employee......and yes i was aware that this could only be done by the employer .....thanks for confirming this .

i am speculating though when i guess that the employer is not aware this could cause him any trouble....it does seem really odd that he would allow an employee to work without his wp if he knew it could cause him problems.

i guess im just being nosey as to why this man was allowed back into canada......i think its probably because we explained to him initially that he would need an approved lmo via employer before he could re new his wp but he didnt listen and applied for the extension.

it doesnt seem fair that he was allowed re entry without the appropriate documents.
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Old Sep 3rd 2010, 1:30 am
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Default Re: a friend got re entry as a visitor?!

it doesnt seem fair that he was allowed re entry without the appropriate documents.

If you concern yourself with things in this world that are unfair you won't find any time to live your life. The man hasn't killed anyone, hasn't molested little children so give him a break. There are countless thousands of people illegally residing in this country trying to provide for themselves and their families. Presumably that's all he's trying to do, the best way he can/knows.
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Old Sep 3rd 2010, 1:58 am
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Default Re: a friend got re entry as a visitor?!

Originally Posted by Auld Yin
it doesnt seem fair that he was allowed re entry without the appropriate documents.

If you concern yourself with things in this world that are unfair you won't find any time to live your life. The man hasn't killed anyone, hasn't molested little children so give him a break. There are countless thousands of people illegally residing in this country trying to provide for themselves and their families. Presumably that's all he's trying to do, the best way he can/knows.


your so right auld yin.......it doesnt really matter... ...it doesnt affect me .

but i have to say he has no family,no commitments at all, he is simply ignorant of the rules!

whereas i have a family and commitments and have had to abide by the rules to allow us to stay here ......on that note im going to say thanks to all that gave me their opinion on the matter and go live my own life and mind my own business.
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