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Canada improves fairness for applicants by ending post-graduation work permit “flagpoling”

From: Immigration, Refugees and Citizenship Canada

News release

June 21, 2024—Ottawa—A safe and secure flow of goods and people across the Canada–United States border is critical to North America’s economy and the close person-to-person ties that Canadians and Americans enjoy. That’s why we continue to look for ways to make it easier and faster to cross the border without compromising the integrity of our immigration system.

Today, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced that foreign nationals can no longer apply for a post-graduation work permit (PGWP) at the border, effective immediately. This measure will help reduce what is known as “flagpoling.” Flagpoling occurs when temporary residents of Canada bypass the normal wait times involved in applying for a work or study permit online by leaving the country and then immediately re-entering to receive same-day immigration services.

Flagpoling uses significant resources at the border, taking officers away from enforcement activities, causing delays for travellers and slowing down the movement of goods. From March 1, 2023, to February 29, 2024, PGWP applicants represented about one fifth of the foreign nationals who attempted to flagpole.

The Government of Canada is taking measures to encourage applicants to apply in Canada rather than flagpole. We continue to improve processing times, and are moving toward a more integrated, modernized and centralized working environment to help speed up application processing globally.

The change announced today increases fairness amongst applicants and is another step that the Government of Canada is taking to reduce flagpoling. We’ll continue to look for ways to reduce flagpoling so our shared border with the US runs smoothly and efficiently, benefitting both our nations.

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Bill C-71, An Act to amend the Citizenship Act (2024)

 

(Remarks delivered on May 23, 2024 in Ottawa, ON. delivered by the Minister of Immigration)

Today we introduced Bill C-71.

The proposed legislation will extend citizenship by descent beyond the first generation in a way that is inclusive and upholds the value of our citizenship. If passed, the Bill extends automatic citizenship to anyone who was born outside of the country to a Canadian parent before the legislation comes into force.

We also introduced amendments to respond to issues raised at Parliamentary committees, as well as in the courts. They will restore citizenship to those we call “Lost Canadians.” That could be someone who was never able to become a citizen, or lost citizenship, because of previous and outdated legislative provisions. While the Government previously brought forward changes that fixed the status of most Lost Canadians, a small, impacted cohort remained.

These changes will address most, if not all, of the Lost Canadians and their descendants, seeking to regain their citizenship. The changes also address the status of Canadian descendants who were subject to the first generation limit.

Today’s legislation also proposes clear rules for acquiring Canadian citizenship by descent. Once it becomes law, the first-generation limit will no longer be valid and individuals will have to prove that they have a substantial connection to our country.

Under the new legislation, children born abroad to a Canadian citizen who was also born outside of Canada will be a Canadian citizen from birth, if their parent can demonstrate they have a substantial connection to Canada.

As long as a Canadian parent who was born outside of Canada has accumulated three years of time spent in Canada before the birth of the child, they will be able to pass down their citizenship to their child.

Finally, we wanted to take this opportunity to continue to minimize differential outcomes, as much as possible, for children born abroad and adopted by Canadians, compared to children born abroad to Canadians. Any child adopted abroad by a Canadian parent before the coming into force date of the legislation will be able to access a grant of citizenship, even if they would have previously been excluded by the first generation limit.

And for children born abroad and adopted by Canadian citizens, the same test will apply once the legislation comes into force. If the adoptive parent who was born outside of Canada can demonstrate their substantial connection to Canada, the adopted child will be able to access a grant of citizenship.

Bill C-71 will restore citizenship to those who had lost it, and it will create a clear and consistent process for the future for our rules for citizenship by descent.

The amendments build on the good work the House of Commons and Senate have done on Bill S-245, while improving on the proposals in the Senate Public Bill, and comprehensively addressing the issues raised by the Courts.

Canadian citizenship is part of our identity, something that connects us around shared values of democracy, equality and inclusion. With today’s legislation, we are working to provide a better Citizenship Act.