Just thought I would put together a helpful guide in regards to flagpoling. Happy to answer any questions that anyone has!
Here is a link to a PDF copy: http://goo.gl/Qxu8U
Flagpoling:
A Guide for Canadian Workers
Flagpoling is a term that describes the process of applying at a Canadian Port of Entry after a brief visit to the United States. This process is quite practical for workers in Canada who are eligible to apply for a work permit at the POE and do not want to wait weeks while their application is being processed in Vegreville.
According to Regulation 198 (1) of the Immigration and Refugee Protection Regulations:
198. (1) Application on entry - Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa
In plain English, who is eligible?
1) Residents of the US, Greenland and St. Pierre and Miquelon
2) Residents of TRV-exempt countries whose jobs are Labour Market Opinion-exempt
3) Residents of TRV-exempt countries who have received and are in possession of a positive Labour Market Opinion (LMO)
But what about those from TRV-Required countries?
Many people are unaware that those from TRV-required countries are ALSO eligible to flagpole at the Canadian Point of Entry under Regulation 190 (3)(f)(i) and (ii) which state:
190. (1) Visa exemption – purpose of entry – A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely
(f) to re-enter Canada following a visit solely to the United States or St.Pierre and Miquelon, if they
(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it
In plain English, this means that if you already have a Canadian work or study permit and are from a TRV-required country, you are also eligible to apply for a work permit at the port of entry (flagpole).
Some Particulars:
a) You must provide a valid medical examination certificate from a Canadian DMP if:
i) You wish to work in a job where it is important to protect public health such as health services, child care or education
ii) You want to work in Canada for longer than 6 months and you have lived in a “designated” country for 6 months or longer in the year preceding your application (http://www.cic.gc.ca/english/information/medical/dcl.asp)
b) Those applying under the Seasonal Agricultural Worker Program and the Live-in Caregiver Program are excluded from the ability to flagpole
What You Need to Bring:
1) Valid Passport
2) Current Immigration document such as work permit, study permit, etc.
3) Job Contract which has been signed by both you and the employer
4) Positive Labour Market Opinion (if required)
5) PNP Nomination Certificate (if required)
6) PNP Work Permit Support Letter (if required)
7) $150 CAD for Fee Payment
8) Valid Medical Results (If required)
NOTE: You are not required to bring a completed Work Permit application form. However, we always recommend that clients bring it along in case and present it only if requested by the CBSA officer.
The Process:
We send many of our clients to the Peace Arch Border Crossing in Surrey, BC which borders with the town of Blaine, Washington.
There is a small provincial park located right off of Beach Avenue. We park the car there and walk to the American crossing. Once inside, we proceed to the Pedestrians counter and tell them that we are “Flagpoling” for a new work permit. They are quite familiar with the process and will give you an orange slip of paper known as an “Administrative Refusal.” This just means that you technically left Canada and have entered the US momentarily. Depending on the situation and your country of residence, you may be asked to pay $6 USD for this.
Once you have the orange piece of paper, you walk back up to the Canadian border officer and head inside. Walk up to the counter and present yourself and documentation. Inform the CBSA officer that you would like to apply for your new work permit. He will then ask you for the documents which you have brought. Depending on your situation, you should be issued your new work permit in a matter of minutes!
Here is a link to a PDF copy: http://goo.gl/Qxu8U
Flagpoling:
A Guide for Canadian Workers
Flagpoling is a term that describes the process of applying at a Canadian Port of Entry after a brief visit to the United States. This process is quite practical for workers in Canada who are eligible to apply for a work permit at the POE and do not want to wait weeks while their application is being processed in Vegreville.
According to Regulation 198 (1) of the Immigration and Refugee Protection Regulations:
198. (1) Application on entry - Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa
In plain English, who is eligible?
1) Residents of the US, Greenland and St. Pierre and Miquelon
2) Residents of TRV-exempt countries whose jobs are Labour Market Opinion-exempt
3) Residents of TRV-exempt countries who have received and are in possession of a positive Labour Market Opinion (LMO)
But what about those from TRV-Required countries?
Many people are unaware that those from TRV-required countries are ALSO eligible to flagpole at the Canadian Point of Entry under Regulation 190 (3)(f)(i) and (ii) which state:
190. (1) Visa exemption – purpose of entry – A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely
(f) to re-enter Canada following a visit solely to the United States or St.Pierre and Miquelon, if they
(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it
In plain English, this means that if you already have a Canadian work or study permit and are from a TRV-required country, you are also eligible to apply for a work permit at the port of entry (flagpole).
Some Particulars:
a) You must provide a valid medical examination certificate from a Canadian DMP if:
i) You wish to work in a job where it is important to protect public health such as health services, child care or education
ii) You want to work in Canada for longer than 6 months and you have lived in a “designated” country for 6 months or longer in the year preceding your application (http://www.cic.gc.ca/english/information/medical/dcl.asp)
b) Those applying under the Seasonal Agricultural Worker Program and the Live-in Caregiver Program are excluded from the ability to flagpole
What You Need to Bring:
1) Valid Passport
2) Current Immigration document such as work permit, study permit, etc.
3) Job Contract which has been signed by both you and the employer
4) Positive Labour Market Opinion (if required)
5) PNP Nomination Certificate (if required)
6) PNP Work Permit Support Letter (if required)
7) $150 CAD for Fee Payment
8) Valid Medical Results (If required)
NOTE: You are not required to bring a completed Work Permit application form. However, we always recommend that clients bring it along in case and present it only if requested by the CBSA officer.
The Process:
We send many of our clients to the Peace Arch Border Crossing in Surrey, BC which borders with the town of Blaine, Washington.
There is a small provincial park located right off of Beach Avenue. We park the car there and walk to the American crossing. Once inside, we proceed to the Pedestrians counter and tell them that we are “Flagpoling” for a new work permit. They are quite familiar with the process and will give you an orange slip of paper known as an “Administrative Refusal.” This just means that you technically left Canada and have entered the US momentarily. Depending on the situation and your country of residence, you may be asked to pay $6 USD for this.
Once you have the orange piece of paper, you walk back up to the Canadian border officer and head inside. Walk up to the counter and present yourself and documentation. Inform the CBSA officer that you would like to apply for your new work permit. He will then ask you for the documents which you have brought. Depending on your situation, you should be issued your new work permit in a matter of minutes!
