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Flagpol on implied status

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RaviChand

Member
Jul 26, 2021
15
0
Hi everyone,

My spouse and I are both currently on implied status(obtained by applying BOWP) while I am working, and my partner is unemployed and has recently received a positive LMIA.

We currently do not have any valid TRVs or permits. Assuming we have a valid US visa, can we plan to do a flagpole and obtain a work permit using the LMIA at the border?

Does anyone know of any issues with this plan of ours??

Thanks! Ravi
 

bellaluna

VIP Member
May 23, 2014
7,263
1,709
What passport does your spouse hold? If she comes from a visa-requiring country (I assume since you mentioned TRVs), she can’t apply for a work permit at the POE. I believe I remember reading a case here where they held Indian passports and tried to do this and they were denied the work permit at the border.

You have it backwards. You can flagpole without a US visa, but without a valid TRV or eTA, both of you are unlikely to be readmitted into Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html

If you actually attempt this plan in your current situation, you will lose your implied status and you will likely be allowed to reenter on a visitor record but asked to leave within 30 days.

TL;DR: Apply for the work permit online and stay in Canada.
 
Last edited:

Mourd

Newbie
Jun 9, 2023
6
0
Hi everyone,

My spouse and I are both currently on implied status(obtained by applying BOWP) while I am working, and my partner is unemployed and has recently received a positive LMIA.

We currently do not have any valid TRVs or permits. Assuming we have a valid US visa, can we plan to do a flagpole and obtain a work permit using the LMIA at the border?

Does anyone know of any issues with this plan of ours??

Thanks! Ravi
Dear Sir,

I am interest to know how the things goes with you ? What you decided at the end.

am same case.. appreciate ur advice
 
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