IRCC prohibits PGWP applications at the Canadian border: no more flagpoling!
The Canadian government has announced a significant change in immigration policy and international students seeking Post-Graduation Work Permits (PGWP) at the border or ports of entry are primarily affected. As of June 21, 2024, foreign nationals will no longer be able to apply for a PGWP at a port of entry into Canada, including airports, land and sea borders. This measure is part of a broader effort to streamline the PGWP application process and reduce the practice known as flagpoling.
What is flagpoling?
Flagpoling is a process of exiting and re-entering from and into Canada at a land border crossing or port of entry (POE) in order to apply for a visa. In other words, you are crossing the border specifically to apply for your visa in person. This implies that you are returning to Canada immediately to receive immigration services on the same day, for example, a renewal or a change of status. Flagpoling is usually employed at all points of entry, although most often at land border crossings, particularly in the Niagara region of Ontario.
Why is flagpoling prohibited for PGWP?
For years, some international students have opted to temporarily leave Canada and enter back to apply for their PGWP at the border(flagpoling). This has allowed them to avoid the longer wait times associated with online applications and receive same-day immigration services, but because flagpoling is resource-intensive, diverting border services officers from critical law enforcement activities and causing delays for other travelers, IRCC made the decision to ban it with immediate effect.
What will the application process be like now?
Under the new regulations, international students will now be required to submit their PGWP applications from within Canada or from another country. This change is designed to encourage the use of the standard online application process, which is expected to be more efficient and less disruptive to border operations.
What should PGWP applicants know?
For international students applying for the PGWP, we have prepared some key information points. Please read carefully.
- There is an application deadline: international students have 180 days from the completion of their studies to apply for a PGWP. To be eligible, it is crucial to maintain a valid status in Canada during this period.
- Must maintain current status: they can apply for a PGWP from within Canada if their study permit is still valid. If the study permit has expired, applicants must restore their status or apply from outside Canada.
- Need work authorization: those who apply for a PGWP while their study permit is valid will be authorized to work without a permit while awaiting a decision. However, this does not apply if their status has expired.
- May require restoration of status: if a study permit expires before applying for a PGWP, the applicant may need to restore status. This involves first applying for a new study permit, followed by a work permit.
- For applications made outside Canada: Applicants can submit their PGWP applications electronically from outside Canada, but must maintain their visitor status if they remain in the country during the process. They cannot work while awaiting a decision.
How will this change impact PGWP applications?
By eliminating the option to apply for a PGWP at the border, the government aims to ensure that applications are processed more systematically and without the need for urgent intervention by border services. This should help reduce delays and improve overall efficiency in work permit processing.
Immiland Canada Recommendations
We know very well that this announcement may be generating uncertainty in many affected students, but we always call for calm and good information management. That is why we have prepared these recommendations for you to successfully process your PGWP.
- Plan well in advance the procedures to apply for your PGWP. Time is a good ally in the immigration process.
- Be sure to submit all applications in a timely manner, whether from within Canada or from another country.
- Check the issuance and expiration dates of your letters.
- Verify that you comply with all legal requirements.
- Maintain a valid status for these new regulations.
- Learn about the latest immigration policies from reliable sources.
- Receive guidance on your case from consultants regulated by the ICAC. Avoid receiving advice and recommendations from third parties with little knowledge of Canadian law or from fraudulent managers, this could even lead to the loss of your legal status in the country.
We hope this information is useful and you can successfully obtain your PGWP from this new change. If you have any questions or concerns, please email us at info@immilandcanada.com. Also, you can fill out the free evaluation form or schedule an appointment with an Immiland regulated consultant.
With love,
Immiland
Note: This article does not constitute legal advice or legal opinion from an attorney. Rather, it is provided solely to inform readers about certain aspects related to the details of the law in legal matters.