Overseas nationals who arrive in Canada should be capable of apply for (or be issued) a piece allow at a port of entry (POE)—however this feature is much extra restricted than it was.
Lately, the federal authorities has tightened POE entry by way of a number of measures, together with ending the follow of “flagpoling” for many short-term residents already inside Canada and eradicating sure varieties of labor allow —just like the Submit-Commencement Work Allow (PGWP)—from POE processing fully.
Beneath is a breakdown of which overseas nationals can get hold of a piece allow at a land, sea, or air border, and which kinds of work permits could be accessed by way of this course of.
Schedule a Free Work Allow Session with the Cohen Immigration Regulation Agency
The 2 processes that result in a piece allow on the border
There are two frequent situations at a port of entry:
- Making use of on the POE (same-day processing): Eligible vacationers (lined beneath) request a work allow after they arrive and submit their software on to a border officer.
- Being issued a piece allow at a POE after on-line approval: Overseas nationals who should not eligible for same-day processing apply on-line first, obtain a port-of-entry letter of introduction, after which have the allow printed upon arrival in Canada.
In each circumstances, overseas nationals can obtain the identical kinds of work permits; nonetheless, understanding the eligibility necessities can save vacationers time and keep away from being turned away on the border.
The border officer all the time makes the ultimate determination about whether or not to problem the allow and permit entry.
Who can apply for a piece allow at a POE?
In response to Immigration, Refugees and Citizenship Canada (IRCC), vacationers should meet all the following baseline necessities to use at a POE:
- Be from a visa-exempt nation or be a visa-exempt traveler (for instance, a lawful everlasting resident of the US);
- Be eligible for an digital Journey Authorization (eTA), or be capable of journey and not using a customer visa (also called a Momentary Resident Visa) and
- Meet extra necessities relying on the kind of work allow being requested.
Who can not apply at a port of entry?
IRCC lists a number of conditions the place overseas nationals can not apply for a piece allow at a POE, together with in the event that they:
- Want a customer visa to enter Canada;
- Are residents of sure visa-required international locations who could also be eligible for an eTA provided that they meet sure situations (this consists of residents of nations equivalent to Mexico, Brazil, and the Philippines);
- Are an Worldwide Expertise Canada (IEC) applicant who isn’t a citizen or everlasting resident of the US;
- Are making use of below the Seasonal Agricultural Employee Program;
- Are making use of for a PGWP; or
- Are in Canada and journey to the US or Saint Pierre and Miquelon for the aim of accessing immigration companies on return (i.e., flagpoling).
Notice that IRCC has put extreme limitations on flagpoling, with solely choose people, equivalent to (however not restricted to) residents and everlasting residents of the US, and sure professionals below free commerce agreements, now permitted to interact on this follow.
The people above would want to use (and obtain approval) for his or her work permits beforehand on-line, earlier than trying to obtain work authorization on the border.
IRCC states that vacationers may have to indicate proof that their work allow software was accepted, equivalent to a port of entry letter of introduction (which could be printed or proven electronically).
The border officer then prints the work allow after reviewing the traveler’s paperwork and admissibility.
Schedule a Free Work Allow Session with the Cohen Immigration Regulation Agency
What Forms of Work Permits Can Be Obtained By means of POE Processing?
1) Employer-specific work permits
These are permits tied to 1 employer, normally based mostly on both:
A) LMIA-required work permits (Momentary Overseas Employee Program)
If the job requires a Labour Market Influence Evaluation (LMIA), IRCC says candidates ought to convey the next to the POE:
- A job supply;
- A replica of the LMIA and the LMIA quantity; and
- Candidates can get hold of these from their employer.
- Proof they meet the job necessities ({qualifications}/expertise).
If the job is positioned in Quebec and an LMIA is required, candidates might also want proof associated to the Quebec Acceptance Certificates (CAQ) course of.
B) LMIA-exempt work permits (Worldwide Mobility Program)
If the job is LMIA-exempt, IRCC signifies candidates ought to convey the next to the POE:
- A job supply;
- The supply of employment quantity (submitted by way of the Employer Portal); and
- Proof that the position is LMIA-exempt and that the applicant meets the job necessities.
Employers are required to finish all required steps in assist of this type of work allow, together with paying a $230 compliance charge, earlier than a candidate can get hold of their work allow.
2) Open work permits
In some circumstances, eligible overseas nationals might request an open work allow (OWP), which isn’t tied to a single employer. IRCC notes that OWPs at a POE are doable provided that the traveller is eligible below an OWP class.
Examples of people that IRCC lists as doubtlessly eligible for an OWP embody (amongst others):
It’s vital to notice that eligibility could be extremely category-specific and will require supporting documentation past a typical job supply.
Different components to contemplate when making use of for a piece allow on the border
Medical exams (when required): IRCC advises vacationers to finish a medical examination (IME) prematurely if wanted, and notes that outcomes should be legitimate on the day of entry. IMEs are typically legitimate for 12 months from the date of examination, until in any other case indicated.
Vacationers will want an IME if:
- They want to enter Canada for greater than six months and have lived in or traveled to designated international locations for six months or extra (in a row) within the yr earlier than they arrive to Canada;
- They’re making use of for a mother or father or grandparents Tremendous Visa; or
- They want to work in a job wherein public well being should be protected (for instance, as a well being care supplier).
An inventory of IME-required international locations and territories could be discovered right here.
Biometrics: IRCC states that almost all candidates aren’t eligible to present biometrics at a POE. Those that can should be eligible to use at a POE and begin/end the appliance on the identical POE (and solely sure POEs supply this).
Maintained standing: IRCC additionally cautions that employees who go away Canada on maintained standing might lose their means to work upon return till their software is accepted.
Schedule a Free Work Allow Session with the Cohen Immigration Regulation Agency
