Canada ends the ‘flagpoling’ post graduation work permit practice

Credit to Author: Canadian Immigrant| Date: Tue, 16 Jul 2024 02:03:34 +0000

 In a significant policy shift, Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA) have announced that foreign nationals can no longer apply for a post-graduation work permit (PGWP) at a port of entry when entering Canada. This shift targets “flagpoling,” a practice where temporary residents exit and re-enter Canada within 24 hours to receive immediate immigration services. IRCC and CBSA aim to “increase fairness” among applicants and reduce the overall volume of flagpoling, in line with the recent decision to limit flagpoling hours at 12 ports of entry across Canada.

Understanding flagpoling

Flagpoling for a work permit may be permitted under law if an applicant meets certain eligibility criteria. The main benefit of flagpoling is that it allows applicants to avoid long processing times associated with online or paper applications. It also gives applicants an opportunity to meet officers face-to-face, which can be useful for addressing issues or providing explanation. However, flagpoling also carries risks, such as refusals or, in extreme cases, applicants who have fallen out of status risking deportation.

From CBSA’s perspective, flagpoling is a major drain on border resources, diverting officers from essential enforcement duties, causing delays for travellers and slowing the movement of goods. In announcing the change, Minister Miller stated, “[t]he time and effort required to process applications from ‘flagpolers’ takes officers on both sides of the border away from their crucial role in protecting the safety, security, and prosperity of Canadians and Americans. This measure will help prevent this practice while maintaining the integrity of our immigration system.”

Why is IRCC making the change?

PGWPs provide valuable opportunities for recent graduates to advance their careers and gain Canadian work experience. Until now, flagpoling was a convenient option for PGWP applicants, allowing them to obtain work permits immediately and avoid waiting for online processing. Given these benefits, many students preferred this option, in turn leading to a disproportionate burden on port of entry processing. In fact, statistics reveal that from March 2023 to February 2024, PGWP applicants constituted about 20 per cent of the total foreign nationals engaging in flagpoling.

Tips for applying for a PGWP online

This policy shift aims to close the loophole through which students have attempted to circumvent online processing wait times by accessing same-day immigration services at the border. As a result of the change, recent graduates now must apply online for PGWPs, either from inside or outside Canada. Here are some tips to ensure a smooth application process when applying online for a PGWP:

• Check your PGWP eligibility before applying: not all designated learning institutions and not all programs of study make you eligible for a PGWP so ensure to check IRCC’s up-to-date list. You also may not be eligible if you did not maintain full-time status as a student, took an unauthorized leave from your study program or spent too much time remote learning while outside Canada, among other eligibility criteria.
• Submit your application on time: you have up to 180 days after you receive confirmation (such as a transcript or official completion letter) that you have completed all study requirements to apply for a PGWP. However, it’s important to note that a study permit is only valid until either its expiry date or 90 days after completion of your studies, whichever comes first. Ensure to apply for a PGWP while your study permit is still valid, otherwise you must apply to restore your status to apply for your PGWP.
• Submit a complete application: it goes without saying that failing to provide all required documents or application forms can lead to delays or refusals. But a complete application also means providing explanation where necessary, for example, explaining any gaps in your studies, as well as truthfully answering all questions, including disclosing any past visa refusals.
• Keep a record of your application and follow-up: before submitting your online application save a complete copy of the application for your personal records, along with proof of submission and the fee receipt. After submission, check your IRCC account frequently for any updates or requests. Respond quickly to any of IRCC’s requests to prevent delays.
• Prepare for interim work: most in-Canada students may begin working full-time immediately after submission and should receive an interim proof of work letter from IRCC upon submission of their PGWP. Before starting to work, carefully check that you meet all eligibility criteria. If eligible, provide your employer with the interim proof of work letter, acknowledgement of receipt from IRCC, proof of program completion and a copy of your study permit.

Maxine Blennerhassett is with Canadian immigration law firm Larlee Rosenberg.

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