Dear Mr Brown,

I am currently studying in Canada and have been hearing a lot about flagpoling. I am contemplating doing it myself when my study permit expires. Do you think this is a good idea?

— CA

Dear CA:

Flagpoling means applying for the renewal of your work or study permit by leaving Canada at a border crossing with the United States, and re-entering, sometimes immediately. In other words, you take a trip “around the flagpole” and re-enter Canada where you present your documentation in order to obtain a new permit.

The same practice may also be used for those seeking to validate their permanent resident status and/or permanent resident visa.

Advantages of flagpoling

Flagpoling has been the preferred way to obtain and validate Canadian immigration status for those who are already in Canada because it typically takes less than 30 minutes for the border processing, allowing applicants to bypass the weeks or months for the immigration department to process the same application or schedule a permanent resident landing interview inside Canada. By comparison, renewing a permit via mail can take months.

Pilot programme

Under a pilot programme that launched in 2017, the Canada Border Services Agency (CBSA) restricted flagpoling to Tuesday through Thursday at land ports of entry in southern Ontario and Quebec. Those who chose to return to a port of entry between Tuesday and Thursday are also warned same-day processing is not guaranteed, pending traffic volume at the border.

The CBSA adopted the flagpoling pilot project in order to:

• Address the high volume and excessive wait times at the land ports of entry due to flagpole cases from Friday through Monday. Last year, the agency’s southern Ontario ports of entry processed 4.5 million travellers at the Rainbow, Queenston and Peace bridges, with another 1.2 million at the St-Bernard-de-Lacolle and St-Armand/Philipsburg border entries.

• Manage its immigration-related services during peak traffic times while ensuring critical resources are focused on national security and trade priorities.

Criticism

The pilot allows unsuccessful flagpolers to re-enter Canada under their current immigration status and apply online, by mail, or by making an appointment with the immigration department for processing within the country. However, the pilot has caused significant inconvenience for temporary residents (students and workers) who attempt to immediately obtain or renew their status by briefly travelling to the United States.

The restrictions have been criticised by members of the Canadian Bar Association because:

• It is seen as unlawful as there is nothing in the law to deny the services of processing the applications for permit and landing documents;

• There has been no public notice issued by the CBSA regarding the changes.

There has been speculation that suggests the CBSA does not like the practice as it turns border agents into immigration case officers, processing individuals who should have their cases done by the people at Immigration, Refugees and Citizenship Canada (IRCC’s) case processing centres. There apparently have been meetings and conversations within IRCC about how to discourage flagpoling.

In conclusion, flagpoling is not illegal and can be a convenient option for those wishing to renew a temporary work or study permit. However, I encourage applicants to apply online to avoid any potential issues, as I have received many emails from applicants who had bad experiences.

Please visit jamaica2canada.com for additional information on Canadian permanent residence programmes including Express Entry, the Study and Work programme, visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.