Flagpoling – Canada Status at a Land Crossing

Some people inside Canada may need to renew or change their status. However, travelling outside Canada is costly. They may also not qualify to apply from inside Canada. Even if they are eligible, the process takes a very long time. Flagpoling is a potential solution to this problem.

What is flagpoling?

Flagpoling means taking the following steps:

• You collect all the necessary documents, for example:
  • Your passport
  • Passport photos
  • The LMIA letter from ESDC for a work permit
  • The admission letter from a Designated Learning Institution for a study permit
  • Confirmation of Permanent Residency for landing as a permanent resident
  • Notes from the immigration authorities
  • Other necessary documents, depending on the application type
• You travel to a land crossing that processes immigration applications
• Upon entry to the United States, you inform the officer your intention is not to enter the US but to go through flagpoling
• Depending on your nationality, they deny your entry to the US and pass you a paper that explains you tried to enter their country. Please note that you must disclose US entry denial in future applications to Canada or other countries. Otherwise, you could face misrepresentation allegations.
• You return to Canada and say you intend to update your status.
• The officer will send you to the CBSA office
• A CBSA officer reviews your documents

If the officer believes you hold all necessary documents and meet all the required requirements, issue you the new status. Here are some examples of flagpoling reasons:

• Applying for a work permit
• Landing as a permanent resident of Canada
• Applying for a study permit
• Extending your stay as a visitor

Of course, the devil is in the details. Make sure that you qualify for flagpoling before taking action.

Where can someone flagpole?

You must enter Canada through those land crossings that process immigration applications to a flagpole. Here is a list of land crossings between Canada and the United States. Of course, you must visit their web pages regarding the processing dates and times and if they allow application submission. Starting May 30, 2024, the following locations will offer flagpoling services at the specified times only. For other land crossings, visit the official CBSA website.

For more details, visit the CBSA immigration services page.

Flagpoling issues

CBSA, or Canada Border Services Agency and IRCC or Immigration, Refugees and Citizenship Canada, are two parallel Canadian agencies in immigration. Generally, the CBSA enforces immigration law, and the IRCC is responsible for processing applications and making policies. While CBSA has limited responsibility in issuing status, they prefer to leave this job to IRCC. Consequently, CBSA does not like people approaching the border to process their applications. Therefore, while flagpoling, you could face any of the following issues:

• There is no officer to process your request.
• The land crossing accepts applications on certain days of the week or particular hours (e.g., click here).
• They reach their daily quota and won’t take more applications
• You do not meet the requirements of the application or do not hold all the necessary documents
• They find you inadmissible to Canada

In any of these situations, the applicant may face any of the following problems:

• You need to come back another day and go through the same process
• The officer advises you to apply online or by paper after entering Canada
• The officer issues a removal order for you
• In rare cases, you may even face detention

The last two scenarios are extremely rare. However, you deserve to know all the risks. I have a video that explains these matters in more detail.

Let us help!

Please complete the following form if you want us to assist you with flagpoling. Alternatively, you may book a consultation session with me.