Blogpost: Work Permits at the Border - Buyer Beware

Another day, another tragedy. We received a cold call from an Indian national who had a study permit which expired in August 2017. For reasons of his own, he had stopped going to school, but continued working part-time based on his mistaken belief that he could work without going to school. In any event, he took steps to rectify his situation. His employer obtained an LMIA for him and he could have simply filed an in Canada work permit application to have his status changed.

Did he make this relatively simple and straightforward application? Of course not. His consultant and his employer told him to take the LMIA and go to the border for his work permit.

Outcome: Not only was the work permit not issued, this individual has now been asked to leave Canada and confirm his departure with immigration otherwise have a removal order issued against him.

Foreign nationals can obtain a work permit if they meet the requirements under s.190(3)(f) by presenting an LMIA, job offer, supporting documents at a land POE. We would recommend this generally to nationals from a visa exempt country (an American, some Latin countries, Europe, Australia, New Zealand, the usual suspects). The fact of the matter is that any examination entails risks, and a significant decrease in any expectation of privacy. CBSA Officers can and do find a basis not only to deny the work permit but to issue voluntary departure orders or worse.

The results of course are a crapshoot. Some people get work permits and some people get a direction to leave Canada immediately. It is imperative to think twice and get accurate and competent legal advice anytime anyone tells you to "go to the border". We see too many cases of individuals ruining their lives by hastily running to the border based on impatience and bad advice. Life changing decisions are made at the border. Before running there take a decision that could in fact alter your life for the better and get some proper legal advice from a party with little interest in the work permit being issued immediately (not an employer or a consultant hired by the employer). It could change your life.