137: Flagpoling - The Good, the bad, and the ugly

Welcome to Episode 137 of the Canadian Immigration Podcast. In this deep dive, your host, Canadian immigration lawyer Mark Holthe, along with co-host Alicia Backman-Beharry, unpack the complexities and risks of flagpoling, a practice many temporary residents in Canada consider for swiftly adjusting their immigration status. Key Highlights: Understanding Flagpoling: Flagpoling involves leaving Canada, usually at a U.S. land border, and re-entering to activate a new immigration status or extend the current one without the lengthy processing times typically experienced through inland applications. Legislative Changes in 2024: Discover the recent legislative updates that have increased the stakes for individuals considering flagpoling, with potential drastic consequences like the automatic cancellation of visas and permits upon the issuance of a removal order. Be Prepared: Learn the importance of arriving at the border with all necessary documents well-organized and ready for inspection, including the means to pay any associated fees. Honesty is Key: Mark and Alicia emphasize being transparent and truthful with border officers, as misrepresentations can lead to application refusals and other severe consequences. Respect and Politeness: Understand the human element of interacting with border officers and the significance of maintaining courtesy, even when faced with challenging situations. Knowledge is Power: Applicants are urged to fully understand their application and the flagpoling process, ensuring they can clearly articulate their reasons for flagpoling to the border officers. Avoid Peak Times and Be Patient: Timing can be everything; choosing off-peak hours to flagpole could result in a smoother experience. Patience is also vital, as wait times can be lengthy. Follow Instructions: Being attentive and following border officers' directions can prevent misunderstandings and make the process more straightforward. Clear Communication and Understanding Rights: Keeping communication clear, especially regarding the search of electronic devices, which officers have broad authority to inspect. Last Resort with Risks: Flagpoling should be considered a last resort due to the high risks involved, especially for those with complex immigration situations or who have previously overstayed or worked without authorization. Conclusion: Flagpoling is not a one-size-fits-all solution and can present significant risks for those who attempt it without fully understanding the process or being prepared for potential negative outcomes. This episode sheds light on the nuances of this practice and provides valuable guidance for temporary residents and their advisors to navigate this high-stakes process with greater awareness and caution. For more insights on flagpoling and other Canadian immigration matters, follow Mark Holthe's insights and updates at Canadian Immigration Institute. Remember, each immigration case is unique, and it’s advisable to consult with a knowledgeable immigration lawyer before proceeding with flagpoling or any significant immigration decisions.Book a consultation: https://www.holthelaw.com/consultation

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