On December 23, 2024, the Government of Canada announced changes as part of Canada’s Border Plan that will impact Employers and their Temporary Foreign Worker (“TFW”) Employees in Canada.

Effective December 23, 2024, work permits and study permits will no longer be provided to “flagpolers” at a port of entry.

“Flagpolers”, or “Flagpoling”, occurs when a foreign national who holds temporary resident status in Canada attends the land border between the USA and Canada for the sole purpose of obtaining a new permit.

Going forward, foreign nationals will need to submit applications for new and renewal  work  and study permits through Immigration Refugees and Citizenship Canada’s (“IRCC”) online system, unless they fall under an exemption.

In very limited circumstances, work and study permits may still be granted at a port of entry to individuals who otherwise meet the definition of flagpolers. The exemptions include:

• Citizens and lawful Permanent Residents of the United States of America;
• Professionals and technicians under free trade agreements with the United States/Mexico, Chile, Panama, Peru, Colombia and South Korea;
• Spouses or common law partners of professionals and technicians under free trade agreements with Panama, Colombia and South Korea;
• International truck drivers who hold a work permit, where required to depart Canada for the purpose of their employment and held maintained status as a result of applying for renewal prior to departure; and
• Individuals who have a pre-existing appointment booked with the CBSA for permit processing.

What does this mean for Employers?

The removal of flagpoling as an option for certain TFWs in Canada will create significant timing-related difficulties. Previously, when a Canadian employer hired a TFW already in Canada with a work permit for a different employer, that TFW could ‘flagpole’ to quickly obtain a new work permit and immediately begin work in their new role. The cancellation of flagpoling means that these TFWs must make online applications from within Canada. These online applications take 3-7 months to process, and the TFW cannot begin in their new role until they receive approval. Given the recent limitations to Canada’s foreign worker program, it is our hope that these processing times will begin to decrease.

If you have any questions about these or other recent immigration changes, please contact a Mathews Dinsdale Lawyer.