A workaround that permits non-Canadians with provisional status to get same-day entry services at the border by departing and re-entering Canada within 24 hours is fronting new restrictions. The procedure, known as flag poling, can let individuals skip the extensive wait times connected with applying online — and it’s legal. It can be completed at any point of access but is usually done at land border passages. In many cases, there is a point specified by flagpoles where an individual can turn around on the other side of the passage, which is where the practice gets its term from. The Canada Border Services Agency (CBSA) lists flag poling on its site as a substitute for applying for admission paperwork online, while it educates against it, warning that “you may find long listings and your turn may not come before the end of facility hours.”
Now, the procedure is facing pushback on both sides of the boundary, with restrictions placed on where and when flag poling is permissible. Starting May 30, CBSA began limiting the days of the week and the hours it offers flag poling facilities at 12 of the most demanding crossings. In a report to CBC News, the CBSA said that it’s altering to increase effectiveness during peak travel times and to permit officers to emphasize other urgencies such as trade simplification, high-risk travelers, and asylum seekers. Flag poling takes up substantial resources at the boundary, diverts Canadian and American officers away from implementation activities, and contributes to substantial wait times for cross-border travelers, the statement read.
On the other side of the boundary, flag poling has unsatisfied U.S. Senate Majority Leader Chuck Schumer. He needs the Canadian government to close down what he calls an entry “loophole,” saying it’s hurting the economy. It’s placing the Niagara Falls and western New York economy in jeopardy by cumulative traffic and wait time here at the crossing, hindering smooth commerce … [and] tourism, Schumer said during a news conference. Schumer suspected that “thousands” of individuals in Canada use the workaround each month. CBSA did not respond to CBC’s inquiry about how many individuals use the process. Kim Ly, vice-chair of the Canadian Association of Professional Immigration Consultants (CAPIC), said there are dangers to flag poling.
By going in person to apply for an education or work permit at the boundary, a candidate is requesting an entry officer to render their decision right there and then. And if the candidate does not have the right paperwork, or does not answer questions correctly, they can be denied and perhaps deported, Ly said. According to Immigration, Immigrants and Citizenship Canada (IRCC), reapplying online for a work or study authorization from within Canada carries a typical wait time of three months. Ly said applying online permits an individual to refer an advocate and to reapply if they’re declined. Although risky, Ly said receiving same-day immigration papers is sometimes required. An example of that could be that a corporation can’t wait 60 to 90 days for IRCC to process the request for the employee to start working … that’s the purpose why individuals do it, she said.
Ly said there is no doubt that flag poling surges traffic at passages, but that limiting the processing hours won’t alter the demand, and consequently isn’t the best answer. In an emailed report to CBC News, IRCC said it encourages individuals to apply for immigration documents from within Canada, and noted that in some situations there are ways to submit urgent requests online for work permits. Additionally, the IRCC website informs that if an individual’s present permit expires while they are waiting for their new one to be handled, they can remain to work or study as they will have “continued status.”
