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New “Flagpoling” Rules

New operating procedures at the Canadian ports of entry introduce significant restrictions on port of entry applications by formally defining and expanding the scope of “flagpoling”—the practice whereby temporary residents leave Canada, travel to the United States or St. Pierre and Miquelon, and immediately re-enter for the purpose of obtaining immigration services such as work or study permits. Under the new rules, many foreign nationals holding valid temporary resident status in Canada are no longer eligible to apply at the border if they engage in flagpoling, marking a departure from what was once an accepted practice. Limited exemptions remain, including for U.S. citizens and permanent residents, professionals and technicians under certain free trade agreements (and their spouses or partners), international truck drivers meeting specific criteria, and individuals with pre-booked CBSA appointments. However, most visa-exempt temporary residents will be required to pursue inland applications unless they circumvent the restriction by traveling to a country other than the United States or St. Pierre and Miquelon before returning to Canada. Whether this broadened definition of flagpoling will be refined further remains an open question.