On October 7, we issued an ImmPulse™ bulletin, indicating that flagpoling was again being allowed for the purpose of securing a work permit. ‘Flagpoling’ is the term used for the act of quickly exiting and re-entering Canada to seek a work permit at a Port of Entry (rather than applying through the slower inland/online process). It effectively acts as a method of work permit (or other status) renewal for those already working in Canada. It had been disallowed since COVID-related guidelines were implemented in March 2020. [Please see the October 7 bulletin at http://www.kranclaw.com/2020/10/flagpoling-may-now-be-permitted-but-with-a-twist/.)
As noted in the October 7 edition of ImmPulse™, however, since the person flagpoling would technically be entering Canada from outside the country, the person would again need to quarantine for 14 days (unless exempted as essential).
New guidelines from Canadian immigration authorities now seem to say that the government will not require re-quarantining in a flagpole scenario, if the following conditions are met:
- The person remains in their conveyance (vehicle), and wears a mask, at all times from the time of exiting Canada to re-entry to Canada (and notably, during their attempted entry/flagpole at U.S. Customs and Border Patrol).
- This can also be looked at as staying in the car/wearing a mask at all times while physically outside Canada. We would suggest ensuring the mask stays on from before the time of exiting Canada.
A few notes we often tell clients about flagpoling in general, which may also be of assistance:
- Though the purpose of flagpoling is almost invariably to allow a faster ‘renewal’ (inland processing is taking some 150 days), the technical procedure to renew is still to use the inland/online process; where time permits, this still removes the risks of any problems at the Port of Entry.
- We generally recommend that people flagpoling notify Canadian immigration authorities of their intention to flagpole before they exit Canada, to seek confirmation that they will be able to do so, and in some cases, to allow Canadian authorities to notify U.S. authorities, to smooth the way on the U.S. side.
- Though the impact of the person’s ‘travel’ to the United States should be considered with U.S. counsel, when on the U.S. side of the border, an applicant should make it clear that they are flagpoling, and not seeking entry into the United States.
As such, and in summary, flagpoling is once again an option for those seeking to ‘renew’ work permits in this way, rather than by applying online/inland. Further, the prior guideline mandating quarantine on re-entry has seemingly softened. As with other guidelines in the COVID era though, matters evolve quickly, and some officers do not always apply the guidelines as should be expected. Therefore, those intending to flagpole should still be prepared to face the issue of quarantine in their deliberations in considering this procedure. But if all goes well, this new guideline may be of benefit to many people intending to flagpole.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.