I would like to tell you about my client’s recent work permit application approval at the port of entry at the Vancouver Airport.
Unfortunately, my client had to wait at the immigration (CBSA) office about 5 hours since the CBSA officer did not have a in-depth knowledge or understanding of the Immigration Regulations. What happen was, the officer processed an unnecessary application of Temporary Resident Permit.
In fact, YES, the foreign national who are not from the visa exempt country cannot apply the work permit at the port of entry under the Immigration Regulation S. 18. (1). However, the next Immigration Regulation Subsection S. 18.(2)(a) indicates the exceptions.
Which means, Mexican citizen can apply the work permit at the port of entry if the foreign national has
(1) an offer of employment from a Canadian company
(2) been confirmed by Department of Human Resources Development, in other words, hold a positive Labor Market Opinion confirmation letter that was obtained from HRSDC (which is now called as a Service Canada).
(3) Holds a valid TRV to physically enter the Canada to declare the purpose of the entry. (This time to work in Canada based on the job offer confirmation from the HRSDC).
In summary, after the long wait, CBSA officer finally issued to my client both Work Permit and Temporary Resident Permit, and unfortunately, CBSA officer took not only unnecessary time but also issued an unnecessary document of Temporary Resident Permit.
Dear immigration practitioners, especially who were or are my students at Ashton College, please remember to bring your IRPA with you for the client representation even if you know what you are doing. You may have to show the actual regulations to the CBSA officer if they misunderstand the law, unless you can remember the exact IRPA Subsections.
Daniel Won, Columnist
Professor of Immigration Law