Should I Flagpole, or Should I Not?

Understanding the Flagpoling Process for Canadian Immigration

What is Flagpoling?

The term flagpole, in the literal sense, means “going around the flagpole.” In the Canadian immigration context, flagpoling refers to a process where foreign nationals residing in Canada as temporary residents exit, go to the US land port of entry, and then re-enter within 24 hours to seek immigration services from the Canada Border Services Agency (CBSA) at a land port of entry (POE) and request a new work permit upon re-entry.

Flagpoling is often done due to long processing times of online applications. It could be a quick and effective method as your application is reviewed, and a decision is made in your presence. However, the entire process, including US border procedures and waiting time, may take 2-3 hours.

CBSA’s Stance on Flagpoling

While flagpoling is permitted under immigration legislation, CBSA has long sought to discourage it. However, due to long work permit processing times, foreign nationals often feel compelled to flagpole, especially when changing employers.

Important Updates

• As of June 21, 2024, international students are no longer eligible to apply for a post-graduation work permit (PGWP) through flagpoling. This change does not affect other work permit applicants.
• As of July 4, 2024, to attend a Québec POE, foreign nationals must book an appointment at 514-240-5679. Flagpoling is restricted to certain days and times as indicated by CBSA policy.

Due to high demand, it is possible that CBSA officers may not process every application presented to them.

To Flagpole or NOT to Flagpole?

Before deciding to flagpole, carefully assess your situation and consider whether it is necessary. Leaving Canada may complicate re-entry.

Reasons Not to Flagpole

• If you are inadmissible to the US
• If you have negative immigration history with the US or come from a country with strained diplomatic relations with the United States
• If you are out of status in Canada
• If you are in restoration status in Canada
• If your proficiency in English or French is poor

Ultimately, whether to flagpole depends on your preferences, individual circumstances, risk tolerance, and stress level. Those who don’t present well, have limited language skills, or belong to scrutinized communities may prefer to have their case reviewed in a more controlled environment rather than by a CBSA officer making an on-the-spot decision.

How Does Flagpoling Work?

Typically, a foreign national:

1. Drives to a designated Canadian land port of entry and informs the US border officer of their intention to flagpole.
2. Is issued a referral paper by the US officer.
3. Meets with a US immigration officer, who completes a Refusal of Admission form, then returns to the Canadian border.
4. Submits their document package to the CBSA officer upon re-entry to Canada.

What Documents Should Be Presented at the POE?

While specific documents may vary depending on your application, general documents for a study or work permit should be included as per the document checklist for the specific permit you seek.

At a minimum, you should have:

• Valid passport: Essential for re-entering Canada after flagpoling.
• Organized documents: Ensure that all required documents are well-prepared and ready for inspection, along with the appropriate fee.
• Honesty and transparency: Be truthful. Misrepresentation can result in refusal or other administrative actions.
• Politeness and respect: Even if the interview becomes challenging, remain calm, respectful, and ask for clarification when necessary.
• Clear articulation: Know the purpose of your visit and be prepared to explain it clearly.
• Avoid peak times: Be patient as the process may take several hours.
• Current status document: Present your visitor visa, study or work permit, or temporary resident permit.

Maintain Clear Communication

CBSA officers have the authority to search your electronic devices, including access to emails. It’s advisable to keep your documents printed rather than stored electronically. If you intend to flagpole, we can help ensure you are as prepared as possible for the POE.

To learn more or for personalized assistance, contact us today.