CBSA – FLAGPOLLING-ABUSE OF POWER?
Canada Border Service Agency (CBSA) have been doing everything possible to get rid of FLAGPOLLING at Canadian Ports of Entry (POE) for the last few years. CBSA tactics to refuse foreign students at a POE who have a Labour Market Impact Assessment (LMIA) so they can switch to a Temporary Work Permit have become monumental. The Canada-U.S. border is closed so CBSA Officers have a job but extraordinarily little work to complete so why are they being so vicious with their TWP refusals?
Flag poling is used by study and work permit holders looking to renew their permits. They take all their documentation to a U.S. border point and can be processed in minutes at the border.
It is also used by temporary residents of Canada who wish to validate permanent resident status. It is a quick and cheap alternative to waiting months for an appointment as an IRCC office.
The following can flagpole:
Residents of visa-exempt countries with an LMIA-exempt job.
Residents of visa-exempt countries in possession of a positive LMIA.
Residents of the U.S., St. Pierre & Miquelon and Greenland.
Residents of visa-required countries already in possession of a study or work permit (flag poling for the purposes of renewal).
It has come to the attention of Canvisa Immigration Counsels that foreign students are being refused with IRPR R 220 1 (1) (a) & (b) with little evidence that applicants have violated any regulation.
220.1 (1) The holder of a study permit in Canada is subject to the following conditions:
· (a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and
· (b) they shall actively pursue their course or program of study.
A flag polling TWP applicant had not actually paid for his second year of studies by the middle of September so the CBSA refused his TWP application. The College was not starting until the second week of October. He had no proof with him that he had attended the first year of his studies.
The CBSA Officer tells the TWP applicant he has an opportunity to voluntarily withdraw instead of being DEPORTED! Well the applicant heard the word (deported) while talking to the CBSA Officer wearing a bullet proof vest, who had a Gun on his hip, a can of pepper spray and handcuffs. Then there was a comment about incarceration if needed. He then signed that he was willing to withdraw and went and bought a ticket to leave Canada.
THIS APPLICANT WAS NEVER INFORMED HE HAD THE OPPORTUNITY TO ATTEND AN ADMISSIBILITY HEARING TO PROVE THAT HE WAS NOT IN VIOLATION OF THE ACT OR ITS REGULATIONS.
We heard of a refusal based on R186(F) just because the Study Permit holder applying for a TWP had received funds as an essential worker from their employer after August 31st, 2020.
· R186 A foreign national may work in Canada without a work permit (f) if they are a full-time student, on the campus of the university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college;
There was zero evidence that they had worked past Monday August 31st, 2020
ALWAYS SEEK EXPERIENCED IMMIGRATION COUNSELS ADVICE BEFORE FLAG POLLING!
