Flagpoling
Flagpoling
Flagpoling – a perfect loophole or the biggest mistake you can make? It certainly depends.
Flagpoling at the Canadian border is a process when the individual leaves Canada and files their application with CBSA upon return. This way, the applicant can get a decision and their new work permit or visitor record on the spot. There’s no need to actually make a trip to the USA – you can inform the USA immigration that your intention is to flagpole and return straight to Canada.
So what are the pros and cons of this process? If you need to file an application to extend your status, flagpoling is unnecessary, since you can continue working or studying while your application is being processed. This is called implied status. The same goes for fresh graduates who applied for the Post-Graduate Work Permit (PGWP) – they can start working once they complete their studies and file the work permit application.
However, if you’re trying to change your status, confirm a new PR, or your employer insists on a confirmation of status, go to the border might be the solution for you.
The downside is that some borders have designated flagpoling hours, since it poses a burden on CBSA due to causing additional workload. In addition to that, this process could take hours, so your flagpoling experience might be quite lengthy.
You have to be eligible to flagpole – if you are from a visa-required country, you can only flagpole if you already have a work or study permit and you are not a seasonal agricultural worker. If you are from a visa-exempt country, you can flagpole if you have an LMIA-exempt job or a positive LMIA. Finally, you can flagpole if you are a resident of U.S. and St. Pierre & Miquelon.
So, what does the flagpoling experience look like? You have to choose the right border depending on whether you plan to drive or do your flagpoling by foot. For instance, if you are flagpoling in Ontario, you can make a trip to Rainbow Bridge, and celebrate a successful applicaiton by visiting Niagara Falls.
Then, you cross the border, inform the US authorities that you intend to flagpole, and turn back to Canada. You do not have to have a valid US visa to flagpole, but some say it is preferred. The officer will give you a paper which you will show to CBSA to prove that you actually left the country. Your flagpoling trip wouldn’t normally affect your ability to visit US in the future, since you will be getting what is called an “administrative refusal.” However, there is always a possibility that you will be refused entry to Canada, so make sure you have all of your documents, and you are ready to pay the fees. While there are not flagpoling fees, you must be ready to pay any fees associated with your application. If you must flagpole, consider booking a consultation with a Registered Canadian Immigration Consultant to ensure you have all of your documents ready. You should not be flagpoling with expired visa, since you could risk being refused entry into the country.
Once you get back to the Canadian border, inform the officer of the purpose of your visit. You might have to wait up to several hours, answer questions, and give your biometrics. While there are no guarantees, if all goes well, you will be able to walk out with a valid work of study permit.
However, always remember to do your research before the trip to make sure you can flagpole at the location you chose. For example, IRCC announced that flagpoling during Covid is a no-no as it is not considered essential travel. So, if you were counting on being able to flagpole, and you’re not sure what your options are – contact our team of immigration consultants for advice on your situation .
Regards,
International Experience Club
