'Flagpoling': How crossing the border and turning back around can get you faster immigration services

As Ruby Nicolas was crossing the Rainbow Bridge in Niagara Falls, Ont., on March 15, she felt increasingly stressed.

"It was nerve-wracking," she told CBC Hamilton.

The 45-year-old mother of two moved from the Philippines to Mississauga, Ont., in 2021.

She graduated from a post-secondary program in December, 2022but needed a post-graduate work permit if she wanted to stay in Canada and get a job.

Nicolas soon realized she wasn't going to get her application approved quickly, being one of the over 1.1 million applications in Immigration, Refugees and Citizenship Canada's (IRCC) processing queue for permanent residents, study permits, work permits and permit extensions.

Nicolas said she had no other choice than "to do flagpoling," she said.

Shedrove through the Canadian border and left the country thenturned right back around.

What is flagpoling?

Flagpoling is thenicknamefor when foreign nationalswith a temporarystatus leave Canada and immediately re-enter to get same-day immigration services.

It's completely legal and apractice familiar toimmigration lawyers and consultants.

WATCH |Flagpoling explained: What is it and why are people doing it more often?

Flagpoling explained: What is it and why are people doing it more often?

1 year ago

Duration 0:49

Flagpoling is when people in Canada cross a U.S. border and immediately turn around to get their documents processed.

It can be done at any point of entry but is generally done at land border crossings, particularly in Ontario's Niagara region.

"In many cases, there is a way to turn aroundand typically that's indicated by flagpoles, and that's why it's called flagpoling," said Sergio Karas, the principal of Toronto-basedKaras Immigration Law.

Flagpoling has gone on for years and is becoming more common as IRCC's backlog persists.

It can take between four to seven months to have an application processed according to Karas and Jade Calver, chief executive officer of Calver Immigration Consulting Inc. in Ontario.

IRCC data shows as of April 11, there were1,150,197 applications in the processing queue for permanent residents, study permits, work permits and permit extensions.

About half of those are for permanent resident applications, but Karas said fewer people flagpole for those applications because they can apply online.

Canada Border Services Agency (CBSA) data shows 21,452 people flagpoled in 2022. Numbers were down in 2021 and 2020 due to the pandemic. CBSA wasn't able to share data from prior years.

"CBSA tolerates that practice but they're not crazy about it because it increases their workload. Unfortunately, many individuals do not have another way," Karas said.

It has become common enough that CBSA has set up certain dates and times at some border crossings to accommodate flagpolers. Karas recommends going early in the day to improve your chances of getting applications processed.

CBSA also encourages people to apply online to have applications processed online through IRCC's website to avoid flagpoling.

CBSA said the 120,000 Public Service Alliance of Canada (PSAC) workers on strike won't impact flagpoling because border officers aren't in a legal strike position.

However, it's unclear how the strike is impacting IRCC's ability to get through the backlogas IRCC didn't immediately respond to questions from CBC about it.

Experience at border varies

Nicolas said she crossed the Canadian border in a vehicle with her two kids and husband at around 11 a.m. on the week day in March.

She said she faced some questions on the U.S. side of the border, had to provide contact info and was pictured and fingerprinted before being approved and turning back around.

"They are quite strict and quite intimidating but they know what flagpoling is," Nicolas said.

At the Canadian point of entry, Nicolas said the agents quickly dealt with her.

She said she paid roughly $255 to re-apply for a new permit before getting approved with new paperwork.

The entire process at the bordertook around anhour. She won't have to go back for at least another three years, she said,and, with her work permit in hand,has already found a job at a big-box retail store.

Calver said some people who flagpole may have to spend the whole day dealing with it while others are turned away because border agents are too busy.

"That's an experience a lot of my clients have," she said.

CBSA said in some casesan agent will let the person re-enter with their existing permit or as a visitor.

They may also reschedule an appointment with the applicant, but when that happens, it can restrict people's ability to work or study until they're re-examined.

Why there's abacklog and how to fix it

Calver said IRCC needs more staff to help process the applications and deal with requests for reconsideration.

"It's not fair to CBSA officers to be taking on the burden of immigration applications when that's not their primary mandate," she said.

Karas said there's "no political appetite" to fix the backlog.

He points to how the federal government recently extended its program that temporarily helps Ukrainians fleeing the war with Russia settle in Canada.

Karas said one solution is to prioritize permit extensions over new applications.

IRCC said it is trying to shrink the backlog by "digitizing applications, hiring and training new staff, and harnessing automation technologies."

IRCC also said it is making progress toward its goal of reducing overall backlogs and processing 80 per cent of new applications within the timeframes set out in itsservice standards.

Its website states 54 per cent of applications in itsinventories are within service standards as of February 28, 2023, up from 50per cent inJanuary.

IRCC also said it made over 5.2 million decisions for permanent residents, temporary residents,and citizenship last year, up from 2.7 million the year prior.

"We know there is more work to do, and we will continue to do what it takes to get there," IRCC said.