# Flagpoling woes



## smundy (Nov 13, 2012)

Hi, I went to the border at Portal for getting my temporary work permit. I am already in Canada and have got a job offer with a two year contract and a positive LMO. I went to the border at Portal and before crossing over to US asked the Canadian Border Agency people that I wanted to flagpole. They asked me if I had a US visa. I said I didn't so they said they could not give me a work permit and even without seeing my papers I was sent on my way back. I am currently on a visitors' visa here. Any advise would be welcome.


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## Liam(at)Large (Sep 2, 2012)

What passport are you on?


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## smundy (Nov 13, 2012)

Hi Liam,

I'm on an Indian passport.


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## Liam(at)Large (Sep 2, 2012)

India is not included in the US visa waiver program so I believe you have to apply first to the US for a visitors visa to enter the States to return to Canada and get your TWP.


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## smundy (Nov 13, 2012)

Thanks a lot Liam. Apparently I can't apply for that visa from here in Canada and I shall have to apply for it back in India.


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## smundy (Nov 13, 2012)

On the other hand I have heard of a number of people (Indian) who have got their TWP this way, but that said what do you think are my options now?


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## WestCoastCanadianGirl (Mar 17, 2012)

You could possibly go to the Cayman Islands (no visa needed if you stay for the day) and come right back to Canada. 

I know for a fact that there is a direct flight to Georgetown (Grand Cayman Island) from Toronto on Air Canada on Sundays... it'd be kind expensive to go for the day, but it would solve your problem without having to go all the way to India to start your Canadian visa.


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## Auld Yin (Mar 10, 2009)

I don't understand what's going on here. My understanding about flag poling is that one crosses the border into the US, tells the US Immigration officials that the intent is to flagpole into Canada. The US officials then creates a form to show you've been denied entry to the US and sends you back to Canada where you present your approved LMO and Offer of Work, at which point the CIO gives you your two year TWP and you go on your way. 
Am I wrong about this?


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## Liam(at)Large (Sep 2, 2012)

Auld Yin said:


> I don't understand what's going on here. My understanding about flag poling is that one crosses the border into the US, tells the US Immigration officials that the intent is to flagpole into Canada. The US officials then creates a form to show you've been denied entry to the US and sends you back to Canada where you present your approved LMO and Offer of Work, at which point the CIO gives you your two year TWP and you go on your way.
> Am I wrong about this?


You are wrong. Having done it twice with wife and BiL. You actually have to enter the US and then leave.


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## Auld Yin (Mar 10, 2009)

Isn't that what I described? The applicant drives/walks to the US side and is refused entry and sent back to Canada.


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## Liam(at)Large (Sep 2, 2012)

Auld Yin said:


> Isn't that what I described? The applicant drives/walks to the US side and is refused entry and sent back to Canada.


If you are refused entry, you never enter the US.


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## Auld Yin (Mar 10, 2009)

Once he's in the Immigration reception building believe me he's in the USA.


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## Liam(at)Large (Sep 2, 2012)

Auld Yin said:


> Once he's in the Immigration reception building believe me he's in the USA.


I've been the driver twice. All I know is you have to show the Canadian your documents, drive/walk across, show the US guy (get a snide remark), enter US, leave US, enter and see different Canadian guy. Perhaps the Canadian won't let you go without appropriate US entry papers so you can't even get to the Immigration?, dunno.


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## Auld Yin (Mar 10, 2009)

I have crossed into the US numerous times at crossings in Ontario, Quebec and BC. I didn't (never) stop on the Canadian side but drove direct to the US side where I was stopped by a US Border Control Officer.


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## smundy (Nov 13, 2012)

Thanks All, I am going to try again after two days!


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## WestCoastCanadianGirl (Mar 17, 2012)

I think that Liam means that the CIC wants to see that OP has actually left Canada and has actually physically into the USA... since OP doesn't have a) the necessary entry visa for the USA and b) the "Admitted" stamp from US immigration, a refused entry at the US border won't cut it.

OP... forget what I said about going to Cayman... too much paperwork required from the UK Border Agency. Hong Kong is a better option, as not only are there better flight options to/from HK (both Air Canada and Cathay Pacific fly there... you'll have to transit through Vancouver), as an Indian citizen you're eligible for a 14 day visa free stay upon arrival.


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## smundy (Nov 13, 2012)

Thanks all, 
So what do I have to lose in trying on the border. From what I have been told we go across to US. They refuse you entry and escort you back to the Canadian side and you produce your documents there. Will there be any consequences if I try this at the border? 

Smundy


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## Auld Yin (Mar 10, 2009)

smundy said:


> Thanks all,
> So what do I have to lose in trying on the border. From what I have been told we go across to US. They refuse you entry and escort you back to the Canadian side and you produce your documents there. Will there be any consequences if I try this at the border?
> 
> Smundy


This is done by many thousands immigrating Canadians every year. There are no consequences other than being legally admitted to Canada. Your entry refusal to the USA for this reason will not affect any future attempts to enter the US.


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## smundy (Nov 13, 2012)

Thanks Auld Yin,

I shall be going tomorrow and shall post my experience. Thanks to All for being so prompt and helpful!

Smundy


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## smundy (Nov 13, 2012)

Hi all,

I went to the border and was initially asked to return to my country within 10 days! Because my medical examination would not show up in the CBSA system. My visa was 'cancelled without prejudice' and I was asked to 'voluntarily' leave Canada. The agent was very polite and nice as he gave me this news. He also told me I could come anytime before the date of leaving if I found my medical results had been uploaded. We left the border and I rang cic helpline (who had told me a week earlier that my medical results had been uploaded into the system). I told the lady that while she said my medical had been uploaded but it actually wasn't showing up with the CBSA. She put me on hold for well nigh 10 minutes and assured me that the medical was uploaded and gave me the id of the medical an alphabet followed by 11 digits. (She probably ironed out the glitch). She also told us that the visa could not be granted as I was not from a visa exempt country. However, We turned around and went back. The agent was waiting and already had my medical results printed! After a brief lecture about 'trying to be smart' and not getting all paper work done in my own country (In good humour though) I was asked to pay 150 dollars and given my TWP for two years! Much relieved!

Reminds me of an old Chinese curse that said, 'May you live in interesting times!'

Thank You all for your help!
smundy


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## WestCoastCanadianGirl (Mar 17, 2012)

Glad to hear that you got it sorted!

Please have a safe and enjoyable stay in my country!


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## smundy (Nov 13, 2012)

Thank you West Canadian Girl!


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## Auld Yin (Mar 10, 2009)

smundy said:


> Hi all,
> 
> I went to the border and was initially asked to return to my country within 10 days! Because my medical examination would not show up in the CBSA system. My visa was 'cancelled without prejudice' and I was asked to 'voluntarily' leave Canada. The agent was very polite and nice as he gave me this news. He also told me I could come anytime before the date of leaving if I found my medical results had been uploaded. We left the border and I rang cic helpline (who had told me a week earlier that my medical results had been uploaded into the system). I told the lady that while she said my medical had been uploaded but it actually wasn't showing up with the CBSA. She put me on hold for well nigh 10 minutes and assured me that the medical was uploaded and gave me the id of the medical an alphabet followed by 11 digits. (She probably ironed out the glitch). She also told us that the visa could not be granted as I was not from a visa exempt country. However, We turned around and went back. The agent was waiting and already had my medical results printed! After a brief lecture about 'trying to be smart' and not getting all paper work done in my own country (In good humour though) I was asked to pay 150 dollars and given my TWP for two years! Much relieved!
> 
> ...


Well, congratulations and your perseverance paid off.


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