Work Permit at Border

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Hello everyone,
We are wondering about the possibility of getting a work permit at the US border. Here are the pertinent details for my Japanese common-law spouse (we live in Vancouver):

1) She has a positive LMO result (she got this last week).
2) She has a job offer letter from her employer here in Vancouver (she has worked there about a year).
3) Her work/holiday work permit expired a few weeks ago.
< ="utf-8">4) We applied for a Visitor visa about a month ago (just as a precaution)
5) We applied for Family Class Permanent Residency two months ago, so she has implied status and can remain in Canada (in the application we also included a work permit application to be processed when I am confirmed as a sponsor).

My questions are:
1) If we cross the border to the US just to get a work permit, will that affect our Permanent Residency application (can we leave Canada at any time after filing that application? --it takes two years!!).
2) Are there chances of complications at the border even though she has LMO approval and a job offer?
3) Has anyone done this?

Looking forward to hearing what your experiences have been in this situation.
< ="utf-8">Thanks for reading!

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eric12 Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Junior Member Joined: 07 Sep 2010 Location: Canada Status: Offline Points: 21	Post Options Post Reply Quote eric12 Report Post Thanks(0) Quote Reply Topic: Work Permit at Border Posted: 03 Dec 2010 at 11:22pm
	Hello everyone, We are wondering about the possibility of getting a work permit at the US border. Here are the pertinent details for my Japanese common-law spouse (we live in Vancouver): 1) She has a positive LMO result (she got this last week). 2) She has a job offer letter from her employer here in Vancouver (she has worked there about a year). 3) Her work/holiday work permit expired a few weeks ago. < ="utf-8">4) We applied for a Visitor visa about a month ago (just as a precaution) 5) We applied for Family Class Permanent Residency two months ago, so she has implied status and can remain in Canada (in the application we also included a work permit application to be processed when I am confirmed as a sponsor). My questions are: 1) If we cross the border to the US just to get a work permit, will that affect our Permanent Residency application (can we leave Canada at any time after filing that application? --it takes two years!!). 2) Are there chances of complications at the border even though she has LMO approval and a job offer? 3) Has anyone done this? Looking forward to hearing what your experiences have been in this situation. < ="utf-8">Thanks for reading!

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 04 Dec 2010 at 3:52am
	I really do not know the practical risks of problems at the border in such a situation, but there are a couple more technical things to be aware of: -- any extension of visitor status expires upon exiting Canada; thus, even if the app for extension is granted, as soon as the FN (foreign national) leaves Canada they must, in effect, obtain permission anew to enter Canada again. Now many Americans in similar situations have reported friendly CBSA officers who see the issuance of the extension in the record and, particularly if accompanied by the sponsoring partner, allow the person entry as though they have a visa for that time period . . . but there are no guarantees, and again, technically once the FN leaves Canada they are in the same shoes as anyone else of the same nationality trying to enter Canada except they have also revealed an intent to stay in Canada, to be with their partner, so they may be required to show "dual intent," that is a genuine intent to just visit Canada, promising to leave when the time comes, unless they are granted PR status in the meantime. (I mention this, about entry as a "visitor" since that is the obvious fallback position if a work permit is not granted.) -- Secondly, it sounds like you submitted an "inland" application (probably should have filed an out of Canada app but that is history now) and if so the seriousness of the risk involved in this is elevated since if an inland sponsored partner applicant leaves Canada and is then denied re-entry into Canada, they no longer qualify for PR via an inland process -- the applicant must be residing with the sponsor IN CANADA throughout the process. If this happened, you would have to start the sponsored PR app process over, via an out of Canada app. As to the particulars about obtaining a work permit I know very little. Edited by dpenabill - 04 Dec 2010 at 3:55am
	Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions. BTW: Not an expert, not a Can. lawyer, never worked in immigration

Kaycee Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 14 Jan 2010 Status: Offline Points: 54	Post Options Post Reply Quote Kaycee Report Post Thanks(0) Quote Reply Posted: 04 Dec 2010 at 1:11pm
	You can also apply to extend her work visa over the internet, takes about 6 weeks, they just mail it to you and you don't need to cross the border. My husband did that recently and it worked fine. That might be your best. If its an extension of a work permit, she is able to continue working while it is being processed as well, if her previous one runs out before you get the new one.

eric12 Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Junior Member Joined: 07 Sep 2010 Location: Canada Status: Offline Points: 21	Post Options Post Reply Quote eric12 Report Post Thanks(0) Quote Reply Posted: 04 Dec 2010 at 9:55pm
	Thanks for the feedback. Unfortunately, it is not a visa extension. Her previous visa was a Work/Holiday permit which cannot be extended, so though this is still for work, is brand new. Thanks for the tip about the internet application. Will check it out; otherwise we're going to try at the border soon. Dpenabill: thanks for the comments as well. We did apply inland. Wish we had done otherwise, but couldn't figure how to answer all the questions seeing that we live here in Canada... Others seem to have figured that one out better than us. Alas. We wait... Any other comments, or experiences would be appreciated!

Kaycee Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 14 Jan 2010 Status: Offline Points: 54	Post Options Post Reply Quote Kaycee Report Post Thanks(0) Quote Reply Posted: 06 Dec 2010 at 12:34am
	I think you can still apply over the internet even for an initial work permit, however it does take about 6 weeks to process, so that may be a problem if she needs to start working right away.

eric12 Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Junior Member Joined: 07 Sep 2010 Location: Canada Status: Offline Points: 21	Post Options Post Reply Quote eric12 Report Post Thanks(0) Quote Reply Posted: 13 Dec 2010 at 3:26pm
	Here's an update for this thread: We crossed the border at the Peace Arch near Vancouver and got a work permit. What we had: -Positive LMO letter -Job offer letter -Notarized Declaration of Common Law Union -Passport -Receipts from and copies of Visitor Visa and Permanent Residence Visa Applications We were dropped off near the border and walked across. There's no sidewalk and they ask that you not walk on the grass if possible. At the US side we stood in line inside very briefly and said that we were 'flag-poling' and were given a document that stated that. We walked back across the border to the Canadian side and were directed inside to counter B. There, the only documents the agent was interested in were the LMO and job offer letter (and flagpole letter from the US). We explained that we had applied for a visitor visa a few weeks prior (My girlfriend's visa had expired already and she was staying on implied status), but she wasn't interested in seeing that application, and seemed to say that if the work permit is for the same job that she had before her visa expires then that continuity doesn't require a visitor visa. However, this was unclear. We waited about 10 minutes and were given a one year work permit. Notes: -make sure the contract letter has a term of employment on it that doesn't exceed the duration that the LMO states. -our Application for Permanent Residence was stated on the Work Permit form but otherwise we weren't asked about it and didn't have to produce receipts or copies that we had prepared. Overall, a very easy and quick process. We came very prepared and hardly needed any of the documentation we had with us. Thanks everyone for your comments and help.