Can I extend my status at a port of entry using flagpoling?

Flagpoling at a port of entry

Welcome to Fairworld Immigration, your reliable friend in navigating the complexities of Canadian immigration. We at Fairworld are not only Canadian immigration law experts, we’re Regulated Canadian Immigration Consultants (RCIC) and proud members of the College of Citizenship and Reference Services. In this comprehensive guide, we explore the possibilities and intricacies of extending your status at a port of entry using flagpoling.

Understanding the Dynamics of Flagpoling

Overview of Flagpoling
Flagpoling is a legal process where individuals temporarily leave Canada to travel to the United States (or St. Pierre & Miquelon) and promptly return, making an application for temporary Canadian status at a port-of-entry. This strategic approach is often chosen for its expediency, allowing individuals to avoid long application processing times and the need for an inland appointment with an immigration officer.

Why Choose Flagpoling?
People often opt for flagpoling when faced with imminent travel needs and situations where waiting for standard application processing times, which can take up to four months, is not viable. While it is a legal practice, it’s important to note that flagpoling is frowned upon by border officers, especially when used to extend work permits.

Role of Border Officers
Border officers, while acknowledging the legality of flagpoling, often encourage individuals to re-enter Canada and apply to extend their work permits online or on paper if there is still validity left on the existing permit. They may exercise discretion to issue a new work permit on re-entry or request the applicant to enter Canada and wait for processing.

Who Can Apply at a Port-of-Entry?

Eligibility Criteria
If you hail from visa-exempt countries such as the United States, Germany and Japan (to name a few examples), then if they have all the required documents applicants may make an application for work permit, student permits or visitor records directly at ports-of-entry in Canada. However, note that a refusal may result in you being denied entry or you are required to leave Canada within a limited time.

Eligible Categories for Application
Individuals can apply at a port-of-entry if they fall into one of the following categories:

  • Visa-exempt foreign nationals seeking entry as a temporary resident;
  • Visa-exempt foreign nationals who meet the requirements to obtain a study permit;
  • Visa-exempt foreign nationals whose jobs do not require an LMIA; 
  • Visa-exempt foreign nationals who have a positive LMIA; or
  • Visa-exempt foreign nationals who want to confirm their permanent resident status document.

Special Exemptions for Temporary Resident Visa Holders
Foreign nationals needing a temporary resident visa to enter Canada may be exempted from obtaining a new visa if they are:

  • Are returning from a visit to only the US or St. Pierre & Miquelon
  • Holding a valid study or work permit before leaving Canada.
  • Validating their new permanent resident status.

Considerations for Temporary Resident Visa Holders
Those under this category must re-enter Canada before their temporary status expires to qualify for the special exemption. Leaving Canada for destinations other than the US or St. Pierre & Miquelon may result in losing this exemption.

Maintaining Valid Status Documents
Applying well in advance to extend status documents is the recommended approach to avoid interruptions, especially when travel outside of Canada is necessary during the extension processing period. Filing extension applications several months before the document’s expiry date is advised.

Frequently Asked Questions about Flagpoling

Flagpoling is a process where individuals briefly leave Canada, often traveling to the United States, and then promptly return to make an application for temporary Canadian status at a port of entry. It’s a strategy used, among other reasons, for extending one’s status in Canada.

Flagpoling is a legal practice, but it does carry risks, especially when used to extend work permits. While legal, border officers may discourage it, and there are specific restrictions on the days it can be performed at certain border crossings.

Flagpoling is often chosen for its expediency, allowing individuals to avoid long application processing times or the need for an inland appointment with an immigration officer. Urgent travel needs and imminent document expirations are common reasons.

Yes, since 2017, the Canada Border Services Agency has restricted flagpoling to specific days—Tuesdays, Wednesdays, and Thursdays—at certain border crossings. Attempting flagpoling on other days may result in being turned away.

Flagpoling can also be used for work permits, study permits and visitor records. But each type of application has its own criteria and documentation requirements.

The major change involves restricting flagpoling to specific days at certain border crossings. Before 2017, individuals could flagpole at any day and time, but the current restrictions aim to manage peak crossing periods.

While legal, flagpoling is frowned upon by border officers, especially when used to extend work permits. They may encourage individuals to re-enter Canada and apply to extend their work permit online or on paper.

If you’re contemplating flagpoling and have concerns about status maintenance, our firm can assist you in developing the best strategy. We can provide guidance and prepare you for potential scenarios during your trip to the border.

Yes, alternatives are to apply online or on paper well in advance of expiration for extending your stay. Depending on your circumstances, our experts will show you the way through appropriate channels.

Flagpoling can be used for many applications, such as verifying the Confirmation of Permanent Residence. Nonetheless, the procedure and conditions differ according to individual purposes for immigration.

If you’re considering flagpoling and have concerns about maintaining your status, Fairworld Immigration is here to assist you in developing the best strategy and preparing you for potential scenarios during your trip to the border.

At Fairworld Immigration, we pride ourselves on providing comprehensive immigration solutions and being your steadfast guide in achieving your Canadian dreams. Book a consultation with our experts to ensure a smooth immigration journey tailored to your unique needs and circumstances

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