ARTICLE
5 January 2025

Canadian Border Update: No More Flagpoling For Most Canadian Temporary Residents As Of December 23, 2024

SL
Siskinds LLP

Contributor

Since 1937, Siskinds has been that firm of specialists serving individuals, families and businesses in southwestern Ontario and Canada from our offices in London, Sarnia and Quebec City. We’ve grown as the world around us has evolved. Today, we are a team of over 230 lawyers and support staff covering personal, business, personal injury and class action law and over 25 specialized practice areas.
‘Flagpoling' is a term that is used for a situation when a foreign national who is already physically present in Canada on a legal temporary status leaves Canada by land and returns to Canada without seeking admission to the United States, or St. Pierre and Miquelon.
Canada Immigration

'Flagpoling' is a term that is used for a situation when a foreign national who is already physically present in Canada on a legal temporary status leaves Canada by land and returns to Canada without seeking admission to the United States, or St. Pierre and Miquelon. Flagpoling has been used for many years to allow foreign nationals to re-apply for their study and work permits in a timely manner. Due to the lengthy processing times (average of 4-5 months) associated with the applications filed online within Canada, flagpoling has been an option for foreign national to obtain their work and study permits (subject to the officer's approval) at the Canadian border within a few hours.

As announced by the Government of Canada, the flagpoling option is not accessible to most temporary residents of Canada, effective December 23, 2024 at 11:59 pm ET.

Between April 1, 2023 and March 31, 2024, the Canada Border Services Agency (CBSA) processed over 69,300 flagpolers across Canada.

In very limited circumstances, work and study permits may still be granted at a port of entry to the following individuals:

  • Citizens and lawful Permanent Residents of the United States of America;
  • Professionals and technicians under free trade agreements with the United States/Mexico, Chile, Panama, Peru, Colombia and South Korea;
  • Spouses or common law partners of professionals and technicians under free trade agreements with Panama, Columbia and South Korea;
  • International truck drivers who hold a work permit, where required to depart Canada for the purpose of their employment and held maintained status as a result of applying for renewal prior to departure; and
  • Individuals who have a pre-existing appointment booked with the CBSA for permit processing.

The reduction in flagpoling services aims to streamline activities at the border and allow Canadian and American border officers to focus on border enforcement activities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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