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Immigration Column
Flagpoling Controversy and Changes
• Definition of Flagpoling: A method of exiting through the U.S. border and immediately re-entering the Canadian border to undergo visa review.
• Advantages: Obtain visa reviews without long wait times.
• Recent Statistics: Cases increased from 32,000 in 2022 to 61,000 in 2023.
• U.S. Position: Seeks to shut down flagpoling due to increased border traffic and wait times.
• Canadian Border Services Response: Reduced flagpoling service hours at 12 busiest crossings.
• Visa-Exempt Country Nationals and Exceptions: PGWP and BOWP are not eligible for flagpoling.
• Pros and Cons: Quick visa review but risks of denial or deportation due to insufficient documentation.
• Future Prospects: Canadian government adjusting policies to reduce unnecessary flagpoling.
Flagpoling is a method many people use to quickly obtain a stay permit from Canadian immigration, making it one of the notable visa processing procedures. This column will cover the definition, advantages and disadvantages, recent changes, and controversies surrounding flagpoling.
Flagpoling involves exiting through the U.S. border and then immediately re-entering the Canadian border to undergo visa review. It is primarily used by temporary residents such as those on work visas or student visas to avoid long wait times and receive visa review in person by an immigration officer. However, flagpoling is sometimes seen as a way to bypass normal online application procedures, with some viewing it too lightly, failing to bring the proper documentation, or attempting it at another border immediately after being rejected. This has led to concerns about the abuse of flagpoling.
Flagpoling allows individuals to re-enter Canada through the U.S. border without a separate entry process, receiving on-the-spot visa review and approval for temporary permits directly at the border. This method is often considered first due to the advantage of reducing the wait time associated with online visa applications.
In recent years, the number of visas renewed through flagpoling has surged. In 2022, there were approximately 32,000 cases, which nearly doubled to 61,000 in 2023. This increasing trend has highlighted issues with the administrative processing speed of Immigration, Refugees and Citizenship Canada (IRCC). In 2023, IRCC made over 5.2 million decisions on permanent residency, temporary residency, and citizenship, nearly doubling from 2.7 million two years ago. If the pace of accepting immigrants does not increase, wait times are likely to grow.
U.S. Senate Majority Leader Chuck Schumer has argued that flagpoling increases traffic and wait times at the border, disrupting normal commerce and tourism, and he seeks to shut down the procedure. Schumer stated that "the increased traffic and wait times at the Rainbow International Bridge border in Niagara Falls threaten the economy of Niagara Falls and Western New York, disrupting smooth trade." He mentioned that thousands of people use this service every month. The Canadian Border Services Agency (CBSA) union has also raised complaints about excessive workload.
In response, CBSA decided on May 30 to reduce the days and hours for providing flagpoling services at the 12 busiest borders. CBSA warns that if lines grow long, you may not be seen before service hours end and recommends seeking services during operating hours. Additionally, measures have been taken to allow officers to focus on priority issues such as trade, high-risk travelers, and refugee claimants to use inspection time efficiently. Affected border locations and operating hours can be found on the CBSA website. In British Columbia, these include Abbotsford-Huntingdon, Aldergrove, Boundary Bay, Douglas, and Pacific Highway. However, service refusal or reservations-only inspections without prior CBSA website announcements are also possible, so preparation is advised.
Nationals of visa-exempt countries can obtain work visas through flagpoling instead of online applications. However, Bridge Open Work Permits (BOWP) are not eligible for flagpoling. On June 21, 2024, the Canadian Immigration Minister announced that Post-Graduation Work Permits (PGWP) are also excluded from flagpoling. This announcement took effect immediately on June 21, meaning that PGWP applications for graduates can only be made online. Between March 1, 2023, and February 29, 2024, one in five foreign nationals attempting flagpoling were PGWP applicants, causing delays in border traffic and various movements. Most student visas expire 90 days after the expected completion date of the degree. If PGWP is applied for online before the student visa expires, full-time work is allowed while waiting for the work permit.
The advantages and disadvantages of flagpoling are very clear. According to IRCC, the average wait time for reapplying for work or study permits online within Canada is three months. Thus, when employers need foreign workers to start working immediately and cannot wait for the approximately three-month processing time, flagpoling is often considered. When crossing the border to obtain a student or work visa, the applicant receives the immigration officer's decision on the spot upon re-entry. However, if the applicant fails to provide the necessary documents or adequately answer the officer's questions, the visa may be denied, or in severe cases, they may face deportation.
Flagpoling has played a significant role within the Canadian immigration system but has also brought many issues. Many applicants prefer this method due to its quick processing advantages, but it places an excessive burden on border authorities. Additionally, border officers are generally less familiar with immigration laws than immigration staff, leading to occasional incorrect decisions. To address the issues with flagpoling, the Canadian government is working to speed up the processing time for work permit applications within Canada and implementing a pre-auth system that allows foreign workers to quickly start working with a new employer while waiting for the result of a work visa application for employer change.
The Canadian government is striving to address the issues with flagpoling and is adjusting policies to reduce unnecessary flagpoling. Given the likelihood of further restrictions on flagpoling in the future, those considering border work visa applications should closely monitor recent changes in flagpoling policies.
