How the Grinch stole “Flagpoling” in Canada before Christmas

Flagpoling has long been a popular method for temporary residents in Canada to quickly apply for or renew Work Permits and Study Permits at a port of entry (POE). However, as of December 23, 2024, this option is no longer available to most applicants. This article explores the history and significance of flagpoling, why it was terminated, and what options remain for those looking to apply for or renew their permits.

What Is Flagpoling in Canada?

Flagpoling is a term used to describe the practice where temporary residents in Canada exit the country—usually to the United States or Saint Pierre and Miquelon—and then re-enter to apply for or renew immigration documents, such as work permits or study permits. For example, an international student whose study permit was expiring might flagpole at a border crossing to apply for a Post-Graduation Work Permit (PGWP).

Essentially, the class of persons defined as “flagpolers” are temporary residents who exit to the United States and re-enter Canada within 24 hours to access prescribed immigration services such as the processing of work permits, study permits, and confirmations of permanent resident status.

The attractiveness of flagpoling lies (or rather used to…) in its efficiency. Applicants could receive decisions on the spot, avoiding the lengthy processing times associated with submitting applications online or within Canada. Additionally, the process reduced the anxiety of waiting weeks or months for a decision on applications submitted through traditional channels. For individuals whose livelihoods depended on timely permit approvals, flagpoling offered a predictable and expedient alternative. As a result, flagpoling became a popular option for those needing urgent approvals to maintain their legal status or start working immediately.

However, the convenience of flagpoling came with limitations. Over the years, the government introduced measures to reduce its accessibility, such as restricting it to certain hours, specific days, and select categories of permits. For example, foreign nationals applying for a PGWP - who once relied heavily on flagpoling - were prohibited from using this method as of June 21, 2024.

The Gradual Tightening on Flagpoling

Immigration services at the border were originally designed to facilitate entry for individuals arriving in Canada, not those already residing within the country. Flagpoling diverted CBSA officers from critical enforcement duties, increased wait times for travelers, and contributed to operational inefficiencies. Between April 2023 and March 2024, the Canada Border Services Agency (CBSA) processed over 69,300 flagpoling requests. This volume, concentrated in regions like Southern Ontario, Quebec, and the Pacific, placed significant strain on border resources.

As a result, flagpoling had been severely limited in the years leading up to its final termination. Specific categories of applicants were excluded, while restrictions on hours and processing days made the process less accessible. These limitations foreshadowed the eventual end of flagpoling.

One of the most notable restrictions involved PGWPs. Before June 2024, approximately 20% of all flagpoling applications were for PGWPs. However, foreign students in Canada were barred from applying for PGWPs at the border, requiring them to submit applications online. While this change initially caused concern, most students could begin working full-time once they uploaded their applications, alleviating potential employment disruptions.

Finally, the Government made a decisive one last blow to flagpoling, and officially terminated this practice on December 23, 2024, at 11:59 PM ET. Starting December 24, 2024, most people will no longer be able to apply for Work Permits at the border.

Who Can Still Apply at a Port of Entry?

While flagpoling is no longer an option for most applicants, limited exemptions remain for specific categories, including:

  • U.S. Citizens and Permanent Residents: Nationals or lawful residents of the United States may still apply for work permits at the border.

  • Free Trade Agreement Professionals: Workers under agreements like CUSMA and similar agreements with Chile, Panama, South Korea, Colombia, and Peru are eligible, along with their spouses in some cases.

  • International Truck Drivers: Drivers required to leave Canada for work-related purposes who held maintained status due to a pending renewal application may apply.

  • Pre-Scheduled CBSA Appointments: Applicants with confirmed appointments at the border may proceed as planned.

For everyone else, online submissions through IRCC are now mandatory.

The Implications of This Change.

The termination of flagpoling did not come as a surprise. It is, in contrast, quite surprising that this practice was not terminated earlier. And while the move is aimed at improving efficiency and reducing strain on border operations, it also comes with some challenges. Processing times for online applications are likely to increase, and applicants may face added uncertainty as they wait for decisions.

At the same time, CBSA officers will now have the opportunity to refocus on their primary responsibilities of ensuring border security and facilitating legitimate cross-border travel.

For individuals navigating these changes, making informed decisions is more critical than ever. Misunderstanding eligibility rules or failing to plan ahead can lead to disruptions in status or work authorization. So, if you’re unsure about your situation or need assistance with work permit renewals, consider consulting one of our Canadian immigration lawyers at Holthe Immigration Law.

 

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About the author:

Igor Kyryliuk

Canadian Immigration Lawyer, LLM

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