CBSA Curbs Flagpoling at 12 Canada-US Border Crossings

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Key Takeaways:

CBSA reduced flagpoling service days and hours at 12 border crossings to manage peak traveler volumes and key priorities.
Flagpoling allows temporary residents to re-enter Canada for same-day immigration services, bypassing long processing times.
Flagpoling has risen significantly; however, it carries re-entry risks and criticism from U.S. officials for disrupting normal travel.

What Changes Has the CBSA Made to Flagpoling Services?

On May 30, 2023, the Canada Border Services Agency (CBSA) implemented changes that curtailed flagpoling services at 12 border crossings in Quebec, southern Ontario, and the Pacific region. The key change is a reduction in the days and hours when these services will be available each week.

CBSA Curbs Flagpoling at 12 Canada-US Border Crossings

According to Rebecca Purdy, a senior spokesperson for the CBSA, “This change was made to enable frontline officers to efficiently process large volumes of travellers during peak periods and to focus on other key priorities, including high-risk travellers, trade facilitation, as well as asylum seekers and other critical immigration services.”

What is Flagpoling?

Flagpoling is a practice where temporary residents of Canada leave the country and immediately re-enter within 24 hours to receive same-day immigration services at the border. This unique term comes from the act of “swinging around the flagpole.” Essentially, the person exits Canada and goes to U.S. border officials, indicating their intent to return to Canada and not to stay in the United States. Then, upon their return to Canada, the CBSA can consider their application for the desired immigration service.

Who Can Flagpole and Why?

Anyone with a valid visa or status in Canada can flagpole. Although a U.S. visa is not necessarily required, Ravi Jain, founder of Jain Immigration Law, says that refusal by American border officials could have significant implications down the road. He adds, “If you have a valid visa to go to the United States and you actually spend some time there, it’s not considered to be flagpoling.”

Many people use flagpoling to bypass long processing times for work permits, which can take up to 100 days. It’s frequently used for obtaining post-graduate work permits, International Mobility Program permits, open work permits, or work permits based on treaties. Jain comments, “It’s frustrating when people can’t get the basic service that they need… They have to wait 100 days to be processed inland inside Canada, online, and so they’re frustrated.”

Is Flagpoling Increasing?

Flagpoling has seen a noticeable increase in recent years. In 2023 alone, a total of 32,410 people flagpoled by June 2. Last year, 61,561 people flagpoled, a 90 percent increase from 2022 when 32,394 people used this service. This hike follows a dip in 2021 when non-essential travel across the U.S.-Canada border was restricted due to the COVID-19 pandemic.

What Are the Concerns?

Flagpoling carries some risks, including the possibility of being denied re-entry into Canada. The CBSA warns that “If you decide to come to a port of entry for immigration services, you may find long line-ups and your turn may not come before the end of service hours.”

Instead, the agency highly recommends using IRCC’s online services. “Temporary residents do not need to flagpole to obtain immigration services,” says Purdy. “Temporary residents who need to renew their work or study permit should complete an online application on the IRCC website before their permit expires.”

Ravi Jain also advises against flagpoling due to the difficulties people may encounter at the border, including the Duty of Candour obligation required by Canadian law. “It opens your client up to all kinds of vulnerabilities… there’s really no reason to be putting yourself at risk by flagpoling.”

What Are U.S. Officials Saying About Flagpoling?

Flagpoling has received criticism from U.S. officials who see it as a disruption. U.S. Senate Majority Leader Chuck Schumer urged Canada to address this issue in a letter to Canada’s immigration minister Marc Miller on May 28, 2023. Schumer wrote, “Flagpoling disrupts normal travel and increases the unpredictability of wait times at our busiest border crossings… I urge Canada to work with the U.S. to end flagpoling to keep travel across our shared border flowing smoothly.”

Final Thoughts

Flagpoling is a legal, albeit contentious, method for temporary residents to expedite their access to Canadian immigration services. While convenient, it’s not without its risks and criticisms. The recent changes by the CBSA aim to manage these challenges while still providing immigration services.

If you are considering flagpoling for your immigration needs, it’s crucial to weigh the benefits against the potential risks. Always explore online options through IRCC’s website first and consult with an immigration expert to ensure you are making the best choice for your situation.

By understanding the implications and legalities associated with flagpoling, you can make a more informed decision about pursuing this fast-tracked path to obtaining necessary immigration services. Stay updated with any future changes from the CBSA to ensure your plans align with current regulations and policies.

With proper planning and awareness, you can navigate the complexities of flagpoling effectively and with minimal risk.

Learn Today:

Glossary of Immigration Terms

Flagpoling
- Definition: A practice where temporary residents of Canada leave the country and re-enter within 24 hours to receive same-day immigration services at the border. It involves exiting Canada and indicating to U.S. officials the intent to return immediately to Canada.
Canada Border Services Agency (CBSA)
- Definition: The federal agency responsible for border enforcement, immigration enforcement, and customs services in Canada. They manage border control and the enforcement of laws governing immigration and customs.
Temporary Residents
- Definition: Individuals who are legally in Canada for a temporary period under a specific visa or status, such as students, temporary workers, or visitors.
International Mobility Program (IMP)
- Definition: A Canadian government program that permits employers to hire temporary workers without the need for a Labour Market Impact Assessment (LMIA). It facilitates the work of professionals, intra-company transferees, and others under various international agreements.
Duty of Candour
- Definition: A legal obligation for individuals to provide truthful and complete information during interactions with Canadian immigration authorities. Failure to be candid can have serious implications, including denial of entry or future inadmissibility.

This Article In A Nutshell:

On May 30, 2023, the Canada Border Services Agency (CBSA) limited flagpoling services at 12 border crossings. This change reduces the days and hours of availability each week to manage high travel volumes and focus on priority tasks. Flagpoling allows temporary residents to expedite immigration services by re-entering Canada.
— By VisaVerge.com

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