Need advice for flagpoling

[indianstudent96]

Hi Everyone,

I just completed my program of study and I will be getting my graduation letter along with the consolidated mark sheet in just a couple of days. I already got a job offer while I was still at school. The job title is IT Support Technician and I believe it falls under the NOC B category if I am not wrong. The only issue that I have right now is I have to start working from May 6 and I would have to submit all my documents by then. I live in a Northern city where most employers are not knowledgeable about PGWP and etc. I have even heard horror stories about an employer rescinding a job offer after finding out that the candidate is on an implied status. So, I think my safest bet right now is to drive across the border to Sault Ste. Marie, Michigan and come back to Canada to get a work permit at the border. My program of study lasted approximately 20 months with 4 months of scheduled break in between. It's a 2-year diploma offered by a public college in Northern Ontario. I have been told by everyone that I should get a 3-year work permit. I just want to know more about the documents that I should be carrying with me to apply for the work permit at the border. Please share your experience as it will go a long way

 

[21Goose]

Are you a US citizen? If not, you cannot get a work permit at the port of entry as you don't meet the eligibility criteria. If you try to do that, they will simply deny you and send you back.

Read more here -> https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html

You will need to apply for a work permit and then you will be in implied status and can start working while you wait for the work permit to be issued. If your employer doesn't understand this, you may want to get a letter from your school or from a lawyer that explains that you are legally allowed to work.

 

[indianstudent96]

Are you a US citizen? If not, you cannot get a work permit at the port of entry as you don't meet the eligibility criteria. If you try to do that, they will simply deny you and send you back.

Read more here -> https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/persons-who-may-apply-port-entry.html

You will need to apply for a work permit and then you will be in implied status and can start working while you wait for the work permit to be issued. If your employer doesn't understand this, you may want to get a letter from your school or from a lawyer that explains that you are legally allowed to work.

Hi 21Goose, Whatever you said was very true but the general consensus is anyone who doesn't need a TRV can apply for a work permit at the border. International students who leave Canada by land are not required to show their TRV to come back via land i.e from the US. source: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/extend-study-permit/travel-outside-canada.html I have crossed the border so many times and I know this. There is no good source of information for this type of flagpoling because they don't want the border to be flooded with people who want their work permit instantly!

 

[21Goose]

Hi 21Goose, Whatever you said was very true but the general consensus is anyone who doesn't need a TRV can apply for a work permit at the border. International students who leave Canada by land are not required to show their TRV to come back via land i.e from the US. source: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/extend-study-permit/travel-outside-canada.html I have crossed the border so many times and I know this. There is no good source of information for this type of flagpoling because they don't want the border to be flooded with people who want their work permit instantly!

Where are you getting this "general consensus" from?

Besides, you do realize that your example (traveling back to Canada without a TRV) is explicitly stated on the page that you linked?

You don’t need a valid visa if you return directly from a visit only to the United States or St. Pierre and Miquelon.

If you feel that IRCC has some hidden rules that directly contradict what they publicly state on their official webpage, you can certainly try. If you are successful, come back and let us know.

 

[indianstudent96]

Where are you getting this "general consensus" from?

Besides, you do realize that your example (traveling back to Canada without a TRV) is explicitly stated on the page that you linked?

You don’t need a valid visa if you return directly from a visit only to the United States or St. Pierre and Miquelon.

If you feel that IRCC has some hidden rules that directly contradict what they publicly state on their official webpage, you can certainly try. If you are successful, come back and let us know.

I cited the source because I wanted to back what I said. I did not say IRCC is hiding the details about returning back to Canada without TRV. I said they are not disclosing details about flagpoling on their website because they don't want to get overwhelmed at the border. After all, CBSA officers have more important things to do than issuing work permits at the border. I called up the helpline to check with them if I could do it at the border and they said Yes. The only thing that I want right now is to hear from people who have actually done this before. Thank you for your 2 cents.

 

[21Goose]

Sure, no worries. I'm genuinely interested in learning that this is a possibility, so please do update this thread if you are successful.

If anyone else has done this, please update this thread as well! Everything I can see, including R.198(1) of the IRPR says this is not possible, but maybe it is.

 

[indianstudent96]

Sure, no worries. I'm genuinely interested in learning that this is a possibility, so please do update this thread if you are successful.

If anyone else has done this, please update this thread as well! Everything I can see, including R.198(1) of the IRPR says this is not possible, but maybe it is.

Sure, I will see it for myself this weekend. I will update this thread. I think I have seen people post their flagpoling experience on this forum before.

 

[21Goose]

Yes, I found some other results as well.

https://www.immigroup.com/news/flagpoling-your-way-new-work-or-study-permit-or-permanent-residence

Check the comments, there's one person who apparently got it:

Hi, i'm currently living in Montreal, QC and will be going to the border to get my work permit renewal next week.

1. My work permit expired on Aug 31, 2018 and i started applying for LMIA in June, 2018 - according to my lawyer i will automatically have an implied status to continue staying in Canada to get their decision for 3 months (90 days), which also helped extend my previous work permit up until end of November, 2018

2. In December 07, 2018, my work permit extension application was rejected by IRCC because the provincial government took more than 90 days to confirm for the approval of my status.

3. My LMIA got approved today

4. I don't have US Visa, and i'm from a non-visa exempt country.

Quick update: i got my new work permit at the border today, everything went so smoothly, the officer at the Canadian border was also super kind to me, to my surprise they didn’t ask me any questions as to why i was late on the extension etc.

I’d say if anyone who is in the similar situation as i was, it should be feasible to get their work permit reissued through flagpoling so long the documents are sufficient, plus a smile to the officer could also help as well


So yeah, apparently this is possible. TIL.

good luck.

 

[21Goose]

Here's a link to a guide on this forum -> https://www.canadavisa.com/canada-immigration-discussion-board/threads/flagpoling-a-guide-for-canadian-workers.142161/

That should help!

 

[21Goose]

Is your study permit still valid? If it is, then you should be good to go.

 

[indianstudent96]

Yes, I found some other results as well.

https://www.immigroup.com/news/flagpoling-your-way-new-work-or-study-permit-or-permanent-residence

Check the comments, there's one person who apparently got it:

Hi, i'm currently living in Montreal, QC and will be going to the border to get my work permit renewal next week.

1. My work permit expired on Aug 31, 2018 and i started applying for LMIA in June, 2018 - according to my lawyer i will automatically have an implied status to continue staying in Canada to get their decision for 3 months (90 days), which also helped extend my previous work permit up until end of November, 2018

2. In December 07, 2018, my work permit extension application was rejected by IRCC because the provincial government took more than 90 days to confirm for the approval of my status.

3. My LMIA got approved today

4. I don't have US Visa, and i'm from a non-visa exempt country.

Quick update: i got my new work permit at the border today, everything went so smoothly, the officer at the Canadian border was also super kind to me, to my surprise they didn’t ask me any questions as to why i was late on the extension etc.

I’d say if anyone who is in the similar situation as i was, it should be feasible to get their work permit reissued through flagpoling so long the documents are sufficient, plus a smile to the officer could also help as well


So yeah, apparently this is possible. TIL.

good luck.

Thank you, friend. I will make sure to smile! I would have applied online if I had not ended up in this desperate situation.

 

[indianstudent96]

Is your study permit still valid? If it is, then you should be good to go.

Yes, it is still valid. Weirdly, it's valid until 30 Nov 2020. That's probably because I finished my program in 2 years instead of the original 3 years.

 

[Msgarcha]

Hey , i am also planning for flag poling this weekend for new PGWP. Are you from BC or other province. I am in dilemma regarding which border to choose, Peace Arch or Point Robert near Delta. Do let me know about your status.

 

[indianstudent96]

Hey , i am also planning for flag poling this weekend for new PGWP. Are you from BC or other province. I am in dilemma regarding which border to choose, Peace Arch or Point Robert near Delta. Do let me know about your status.

Hi, I live in Northern Ontario. I don't think your POE matters a lot. Just check for any time restrictions before you leave. In my case, I didn't see any time restrictions in my POE and I arrived at around 9 PM. The entire process took like an hour and the total fees for this came to 340 CAD (includes biometrics). It was a simple and easy process as long as you have the necessary documents - Your study permit, Graduation letter (from your college), Final transcript, and your passport. Make sure to get your documents from your institute in a sealed envelope. In my case, the officer did not bother to even collect the envelope but not all officers are the same. Be polite and courteous to officers and you shouldn't be having issues.

 

[indianstudent96]

UPDATE : I successfully received a 3-year PGWP after the completion of a 2-year diploma in an Ontario college. I will add more details once I go home.