Flagpoling for LMIA while waiting for Visitor extension

[ldrbjp]

Here's my brother's situation:

Landed here as a visitor 6 months ago with hopes of finding work in his area (has experience as cook back home) and applied for visitor extension 1 month ago. While waiting for the outcome of the extension, he got an offer with LMIA from a restaurant. We are thinking to go to the border and do the flagpoling, through which he could get a closed work permit instantaneously

Questions:

• Is flag poling allowed in this scenario?
• Given the visitor extension request in progress, would that raise any red flags that would result in:
  • rejection of work permit
  • refusal of his entry back into Canada at that point

 

[Naturgrl]

Here's my brother's situation:

Landed here as a visitor 6 months ago with hopes of finding work in his area (has experience as cook back home) and applied for visitor extension 1 month ago. While waiting for the outcome of the extension, he got an offer with LMIA from a restaurant. We are thinking to go to the border and do the flagpoling, through which he could get a closed work permit instantaneously

Questions:

• Is flag poling allowed in this scenario?
• Given the visitor extension request in progress, would that raise any red flags that would result in:
  • rejection of work permit
  • refusal of his entry back into Canada at that point

Did he travel to Canada on an ETA. Does he have a US visa? If not then no, you can’t flagpole on a visitor visa. He applies online, and shows his experience to work in a restaurant.

The following foreign nationals are permitted to Flagpole:

1. Residents of visa-exempt countries with an LMIA-exempt job.
2. Residents of visa-exempt countries in possession of a positive LMIA.
3. Residents of the U.S., St. Pierre & Miquelon and Greenland.
4. Residents of visa-required countries already in possession of a study or work permit (flagpoling for the purposes of renewal).

 

[ldrbjp]

Thanks for the response, Naturgrl. He doesn't have a US visa and I'm not sure what ETA is. He is an Indian.

With the above, he has no option to flagpole at all?

 

[Cassiano]

Here's my brother's situation:

Landed here as a visitor 6 months ago with hopes of finding work in his area (has experience as cook back home) and applied for visitor extension 1 month ago. While waiting for the outcome of the extension, he got an offer with LMIA from a restaurant. We are thinking to go to the border and do the flagpoling, through which he could get a closed work permit instantaneously

Questions:

• Is flag poling allowed in this scenario?
• Given the visitor extension request in progress, would that raise any red flags that would result in:
  • rejection of work permit
  • refusal of his entry back into Canada at that point

yes,,, just do it, the border cancel the visitor extension, no problem.

 

[ldrbjp]

yes,,, just do it, the border cancel the visitor extension, no problem.

Oh really? per @Naturgrl he's not allowed to flagpole given he doesn't have US visa

 

[Naturgrl]

Oh really? per @Naturgrl he's not allowed to flagpole given he doesn't have US visa

Didn't say that. Does he meet any of the statements I posted to flagpole?

 

[Cassiano]

Oh really? per @Naturgrl he's not allowed to flagpole given he doesn't have US visa

it does not matter, just say flag poling

 

[ldrbjp]

Didn't say that. Does he meet any of the statements I posted to flagpole?

sorry, I misunderstood. He is in Canada on Visitor visa and from a Visa required country. He got a job offer from an employer who has an LMIA. Do you think he can flagpole?

 

[ldrbjp]

it does not matter, just say flag poling

Thank you. Do you foresee any challenges, assuming the worst?

 

[Cassiano]

Thank you. Do you foresee any challenges, assuming the worst?

none

 

[Shahid12]

sorry, I misunderstood. He is in Canada on Visitor visa and from a Visa required country. He got a job offer from an employer who has an LMIA. Do you think he can flagpole?

Good Luck I did flag pole and approved work permit. It all depends on the officer, Make sure you are prepare everything.
For me they questioned for 45 min and took 2 hrs before they approve it.

I accompanied my dad, he could not speak English.

 

[Shahid12]

Documents to take with you.
Positive LMIA, Job offer
Reference Letter ( Previous Employer)
Medical
PCC ( Optional If they ask)
Be early in the morning for sure.

 

[ldrbjp]

thank you so much Shahid12. Does all the docs need to be hard copies or electronic copies suffice?

 

[Shahid12]

thank you so much Shahid12. Does all the docs need to be hard copies or electronic copies suffice?

Hard Copies.

 

[ldrbjp]

couple of follow up questions on the same thread

1. IF the Flagpoling is a rejection (for closed work permit), can my brother enter Canada? His visitor record extension request is in progress and no outcome yet
2. Learnt a representative can go to the border along with the applicant. Can that be me (his sibling)?