July 30, 2024

Canada Ends Border Flagpoling for Post-Graduate Work Permits: What You Need to Know About the New Policy Shift

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Posted by Legal Team - Bellissimo Law Group PC

As of June 21, 2024, the Government of Canada announced that foreign nationals would no longer be allowed to apply for a post-graduate work permit at the border (IRCC, 2024 [1]). This long-standing and completely legal practice is known as “Flagpoling.” It allows foreign nationals with temporary resident status in Canada to leave and re-enter the country through the border, receiving same-day immigration services. Flagpoling is permitted at any port of entry but is mostly done at land-border crossings. This announcement comes in response to the long-standing immigration backlog and aims to improve the CBSA’s allocation of time and resources, as flagpoling significantly strains CBSA resources (IRCC, 2024 [1]).

Although the practice provides temporary residents a way to bypass the normal immigration processing times, which can be extensive given the backlog Immigration Canada has been dealing with, the change comes amid various oppositions. Many argue that flagpoling contributes to longer wait times for cross-border travelers and delays in the transportation of goods across the border. This sentiment is shared by the US Government and US Senate Majority Leader Chuck Schumer, who criticized flagpoling as an immigration “loophole.” Schumer claimed it holds up travelers, impedes traffic flow, hinders trade, and causes increased wait times, calling on Canada to address this issue (Schumer, 2024 [2]).

As of May 30, 2024 CBSA has limited the days and hours of operation for flagpoling at the busiest borders, as a measure to improve the border’s travellers transit and officers’ workload. The IRCC advises using its online immigration services for anyone already in Canada (IRCC, 2024 [3]). However, flagpoling also carries some risks, out-of-status newcomers who attempt to use flagpoling services may face the risk of deportation.

At Bellissimo Law Group, we can help assess your eligibility, navigate the application process, and keep you updated on recent changes. Even if you have to go at it alone, a brief consultation can make all the difference before embarking on a process that may not lead you where you think you want to go.

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