Work Permit Application/Renewal Procedure Background
There are many situations where someone may apply for a work permit at a Port of Entry. These include the vast majority of work permit applications for applicants who do not require a visa before seeking entry to Canada. Once those people have been granted work permits, the process to renew that work permit as it comes up for expiry is to be made through an application to an inland Case Processing Centre. [There are other kinds of applications made at Ports of Entry, but for our purposes, we are focusing on work permits.]
Work Permit Renewal Alternatives
Though, as noted, renewal applications are to be made through the inland Case Processing Centre, where someone can seek a work permit without a visa, and they are already physically in Canada, they may instead, (through the same legal authority as the initial application), drive to the nearest land border crossing, exit Canada, and seek a new work permit on re-entry. This is of course separate from the issue of what happens on the U.S. side, though this issue can usually be alleviated through appropriate communications.
[This is typically done to save time, but sometimes it is just due to the reality of the need to exit Canada without enough time to process an inland case, and therefore a new work permit needs to be sought on re-entry (whether by land or air). Note that, though from the applicant’s point of view, the ultimate impact of the application may be the same, an inland application is technically a renewal, while the Port of Entry process is a separate work permit application.]
The term often used for such exit and re-entry work permit applications is ‘Flagpoling’.
The Issue
From Immigration Canada’s point of view, it should be recognized that though flagpoling is an available option in some cases, it is frowned upon because the inland renewal system is set up for this purpose, and a flagpoling application utilizes precious Port of Entry resources. [As anyone seeking to enter Canada will know, there can often be congestion.]
What’s Changed
Recently, due to the impact on resources, Immigration Canada has issued a new pilot policy with regard to flagpoling at Southern Ontario Ports of Entry, and specifically, the Queenston-Lewiston and Peace Bridges. The policy does not change any flagpoling processing issues with regard to applications made on Tuesdays, Wednesdays, or Thursdays. However, for flagpoling applications made from Friday to Monday, applicants will be permitted entry under their current immigration status, but given the option to either:
- Thereafter, seek a renewal through the inland Case Processing Centre, or
- Return to the Port of Entry between Tuesday and Thursday for processing in the ordinary manner.
What You Should Do
This can be an important issue in the planning process for anyone seeking a new work permit by flagpoling at those Ports of Entry. After taking time off work, travelling somewhat long distances in some cases, and otherwise taking steps in a ‘flagpole’ application, failure to recognize the guidelines can lead to wastes of time, resources, and money for both employer and employee. All concerned should be aware of the issue, and take appropriate, and generally not that onerous, steps to avoid any concerns.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.