Flagpoling an Option?

[Spikey92]

Hey there,

My boyfriend and I have been living together in a common law relationship since May 1 st, 2012. We do have to wait until May1st 2013 to send out our application(he is going to sponsor me(a Germany citizen) as common law partner from inside Canada)

The problem is, that my working holiday visa also expires on that exact same date, May 1st, 2013.

I dont wanna apply for a visitor visa online so somebody suggested "Flagpoling". We live in BC and the US Border is only a 15-20 mins drive away.

-How exactly am I supposed to flagpole? Can I "walk" in to the states or do I need to drive a vehicle?
- My boyfriends canadian passport expired so he wouldnt be able to come with me.
- I´m supposed to say that we´re applying for my PR and that my visa is about to expire and I need a new one right? But do I need prove that we are really gonna apply for my PR? What kind of prove do they need? Do you think the will believe me? Especially if my boyfriend cant come with me to the states and back due to his expired passport?

Another thing is that I actually left Canada on January 16th 2013 to visit my family in Germany(Im aware that I probably wont be able to leave Canada for the next year + ) . I came back to Canada on January 29th, 2013.
The border agent saw my working holiday visa but she still gave me a new stamp.
Does this mean I could technically stay in Canada until September 29th, 2013 ?


Any advice would be appreciated

 

[rock_khan]

You need to do it by driving a car into U.S and you will have to probably show some evidence aswell like any petrol station bill in US on those dates,hotel or restaurant bills in U.S on those dates etc

 

[Spikey92]

From what Ive read on the internet i thought you just go to the border tell the US border officer that you are flagpoling and then they immediately send you back to the Canadian border.
You dont have to spend an entire day or more in the US. Or do you?

 

[iam_toby]

Im not sure, but I walked across the border multiple times. Never had issues doing that.
Never applied for a visitor visa on the way back to Canada tho, so I can't help you with that.
FYI the peace arch crossing has a nice sidewalk and a gorgeous park.

 

[iam_toby]

From what Ive read on the internet i thought you just go to the border tell the US border officer that you are flagpoling and then they immediately send you back to the Canadian border.
You dont have to spend an entire day or more in the US. Or do you?

Excatly! No, you don't have to spend time in the US or even enter the US. When you tell the US officer that you're there to get a no visa for canada, he'll deny entrance to the US and send you back to the Canadian border.

 

[Spikey92]

Thanks for your replies.
however
Ok this was weird :
I just called CIC and asked them if I still have to leave canada once my working holiday visa expires or if the new stamp I got when I reentered on Jan 29th allows me to stay until September 29. The agent interrupted and said NO you HAVE to leave before your working holiday visa expires. He actually sounded kinda rude.
Then I asked him about flagpoling and he was like "why would you wanna do that? No dont do that. " and again he sounded rude. He said that if I go to the states chances are theyre not gonna let me back into canada. But i dont understand : as long as I have a valid visa (which i have until may 1st) the border HAS to let me back in.
He suggested I go online and apply for a new visitor visa. Sure thats gonna give them 75 $ whereas the border stamp would be free.

 

[Leon]

It is possible that the Canadian immigration officer doesn't let you back in if you cross over to the US. They are instructed not to let people in they think may overstay and if your working holiday is expiring, the immigration officer may feel that you've spent enough time in Canada already and should go home now. However, I have no idea how likely that is to happen. It is more likely that they will let you enter and give you a new stamp.

As for the story that you are living with your boyfriend who is going to sponsor you, the immigration officer can not verify if that is true because your boyfriend wont be with you (btw, why doesn't he just renew his passport, only takes a couple of weeks???) and you will not have applied yet so they will have nothing to prove your story except your word.

I think it would be a lot better for your boyfriend to go with you. He can renew his passport now and then you go together to the US, have lunch or whatever and then go back.

 

[Spikey92]

Hey Leon

Thank you for your informative post.
Im not sure anymore if I wanna risk it :/

I dont think we have time for my bf to renew his passport.
Do u think he can just stay at the canadian border (i obviously wont have any problems at the us border) so that incase they dont believe me etc i can say my bf is right there if they wanna talk to him.

Or do you think it might even be possible that I could give them my working holiday visa back? Like they take it from me and switch my status into visitor (im currently not employed anyways)

 

[Leon]

Why do you have to go to the border? Why don't you just do an online or mail application to change your status? If you send it in before your status expires, you have implied status until you hear back.

You should mention on your application that you will qualify as common law on May 1st and you will apply for sponsorship then.