Canada: Practice of “Flagpoling” for Work and Study Permits Ended
December 24, 2024
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At a Glance
- The Canadian government ended the practice of “flagpoling” for individuals seeking work and study permits as of December 23, 2024, at 11:59 PM EST, with limited exceptions.
- “Flagpoling” allowed temporary residents of Canada to leave and re-enter Canada to renew their status or receive immigration services at the port of entry.
- The government had already announced their intention to end “flagpoling” as part of Canada’s Border Plan, but had not yet set a deadline for the end of the policy.
The situation
The Canadian government ended the practice of “flagpoling" as of December 23, 2024 at 11:59 PM EST, with limited exceptions.
A closer look
- “Flagpoling” process. “Flagpoling” allowed temporary residents of Canada to leave and re-enter Canada to renew their status or receive immigration services at the port of entry.
- Inland filings required. Foreign nationals who would previously utilize the practice of “flagpoling” will now need to submit their work or study permits through Immigration, Refugees and Citizenship Canada (IRCC).
- Limited exceptions. The Canadian government has listed certain individuals that may still be able to “flagpole” and therefore obtain work and study permits at a port of entry, including, but not limited to:
- Citizens and lawful permanent residents of the United States;
- Professionals and technicians covered by 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, Colombia 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 due to applying for renewal prior to departure; and
- Individuals who had a pre-existing appointment booked with Canada Border Services Agency.
Impact
As a result of being required to use the regular submission process via IRCC for work or study permits, foreign nationals who would previously use “flagpoling” will see their applications take significantly longer to process. Employers and foreign nationals should account for this extra time in preparing extension applications, planning travel and setting start dates for new employees.
Background
The government has decided to end the practice of “flagpoling” as a concession to potentially avoid tariff threats from the incoming United States’ administration. The intention to end the policy was previously announced as part of Canada’s comprehensive plan to enhance border security.
Looking ahead
Foreign nationals and employers should expect the implementation of further policies in 2025 to enhance border security, as previously announced, including streamlining the asylum system and amending immigration laws to prevent irregular migration and mitigate security risks. We will report on relevant developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
