Mary Keyork offers Immigration Regulation companies for a whole bunch of immigration purposes in all classes and has appeared earlier than all three divisions of the Immigration and Refugee Board in addition to on the Federal Courtroom of Canada, efficiently representing purchasers in complicated immigration purposes and hearings.
My standing is expiring. Can I flagpole and prolong my standing at a port-of-entry?
Functions to increase customer information, research permits and work permits needs to be made in Canada previous to expiry. Nevertheless, in some circumstances, international nationals who’re visa-exempt can apply at a port-of-entry for a brand new customer report, research allow or work allow.
Visa-exempt international nationals are people from nations that don’t want a customer visa to enter Canada. The record of nations that fall into this class may be discovered on the Immigration, Refugees and Citizenship Canada web site right here: Record of Visa-Exempt International locations.
Flagpoling
Flagpoling refers back to the technique of leaving Canada to journey to the US (or St. Pierre & Miquelon) after which rapidly returning to make an utility for short-term Canadian standing at a port-of-entry. Generally, that is executed instantly and people will drive to a Canada-US border crossing, flip round, and drive again by to make an utility. Lots of people will even stroll by the border crossing and again as a result of it’s faster than lining up with the automobiles. People who have to validate their Affirmation of Everlasting Residence can flagpole too.
Why do individuals select to flagpole? It may be a faster choice, avoiding lengthy utility processing instances or the necessity to make an inland appointment with an immigration officer. Individuals who have waited too lengthy to increase their paperwork and have pressing upcoming journey wants may select to flagpole as a substitute of ready for an utility to be processed, which might take as much as 4 months or longer.
Whereas flagpoling is a authorized apply, it carries dangers and is frowned upon by border officers, particularly when it’s used to increase work permits. Earlier than 2017, flagpoling was allowed at any day and time. For the reason that summer season of 2017, the Canada Border Companies Company has restricted entry to flagpoling at some border crossings in an effort to discourage the apply and restrict the period of time that their officers are coping with issuing paperwork throughout peak crossing intervals. Now, international nationals in search of to flagpole can solely achieve this on Tuesdays, Wednesdays, and Thursdays at some crossings. For those who present as much as flagpole from Friday to Monday, you’ll probably be turned away. This is applicable to the Queenston, Niagara Falls, Rainbow Bridge and Fort Erie (Peace Bridge) crossings.
Typically, border officers encourage people to re-enter Canada and apply to increase their work allow on-line or on paper if there’s nonetheless some validity left on the applicant’s work allow. In circumstances the place a person did apply from inside Canada to increase a piece allow however they should journey earlier than a choice is obtained, an officer might use their discretion to problem a brand new work allow on re-entry or they might ask the applicant to enter Canada and watch for processing.
Who can apply at a port-of-entry?
If you’re from a visa-exempt nation, you could be eligible to make an utility for a piece allow, research allow or customer report at a Canadian port-of-entry, when you have all the required documentation. It is very important be aware that in case your utility is refused, you might not be granted entry to Canada or could also be required to go away Canada inside a brief time period (i.e. inside 24 or 48 hours).
People who need to apply for a customer report, research allow or work allow can solely achieve this at a port-of-entry if they’re:
1. Visa-exempt international nationals in search of entry as a brief resident;
2. Visa-exempt international nationals who meet the necessities to acquire a research allow;
3. Visa-exempt international nationals whose jobs don’t require an LMIA; or
4. Visa-exempt international nationals who’ve a constructive LMIA; or
5. Visa-exempt international nationals who need to verify their everlasting resident standing doc.
For these in search of entry as college students or employees, be sure that a medical has been accomplished, if required, effectively upfront of entry.
Don’t overlook that you could be additionally want an digital journey authorization (“eTA”) in case you are visa-exempt. See our earlier weblog submit on eTAs for extra info.
Overseas nationals who want a brief resident visa to enter Canada, however don’t have a legitimate short-term resident visa, are exempted from the requirement to acquire a brand new visa beneath very restricted circumstances, particularly, if they’re in search of entry to Canada and:
1. Are getting back from a go to to solely the US or St. Pierre & Miquelon; and
2. Have a legitimate research or work allow that they held earlier than they left Canada; or
3. Are validating their new everlasting resident standing.
Overseas nationals beneath this class must re-enter Canada earlier than their short-term standing expires or they won’t qualify for this particular exemption and can probably be refused entry. Additionally, if a person who requires a brief resident visa leaves Canada and travels to a vacation spot aside from the US or St Pierre & Miquelon, they will not qualify for this exemption and will be unable to use for a customer report, research allow or work allow, nor verify their everlasting resident standing once they return to Canada.
Sustaining Legitimate Standing Paperwork
Finally, the most effective factor to do is to use effectively upfront to increase your standing paperwork in an effort to keep away from any interruptions if you might want to journey outdoors of Canada whereas your extension is being processed. We propose submitting extension purposes a number of months earlier than the date your doc will expire, if potential.
If you’re contemplating flagpoling and are involved about sustaining your standing, our agency can help you in the most effective technique and put together you for what might occur throughout a visit to the border.