Ottawa to end extra points for job offers in ‘spring 2025;’ border ‘flagpoling’ now mostly barred

By Cristin Schmitz ·

Law360 Canada (December 24, 2024, 12:42 PM EST) -- Ottawa says that from “spring 2025,” foreign nationals seeking permanent residence through the Express Entry program will no longer receive additional points for having a job offer; also work and study permits were no longer given to most “flagpolers” at Canadian ports of entry, as of Dec. 23 at 11:59 pm (ET).

Immigration, Refugees and Citizenship Canada (IRCC) said in a press release Dec. 23, 2024 that the “temporary” measure to modify the Express Entry program, first announced by the federal government on Dec. 17, “will reduce fraud by removing the incentive to illegally buy or sell labour market impact assessments to improve a candidate’s chances of being selected to come to Canada as a permanent resident.”

Once “changes” take effect, candidates pursuing permanent residence through the Express Entry system, including those currently working in Canada temporarily, will be affected, IRCC said. “The changes will not
Immigration Minister Marc Miller

Immigration Minister Marc Miller

affect candidates who have already been invited to apply or who have an application in progress. Once the change is introduced, it will apply to all candidates with job offers in the pool as well as new candidates entering the pool.”

An announcement the same day from the Canada Border Services Agency (CBSA) said that in “very limited circumstances,” work and study permits may still be granted at a port of entry to individuals who otherwise meet the definition of “flagpoling”.

According to the CBSA, flagpoling occurs when foreign nationals who hold temporary resident status in Canada, leave Canada and, after a visit to the U.S. or St. Pierre and Miquelon, re-enter to access immigration services at a Canadian port of entry.

The agency said the exemptions from the ban on giving work and study to flagpolers include:
  • citizens and lawful permanent residents of the U.S.;
  • professionals and technicians under free trade agreements with the United States/Mexico, Chile, Panama, Peru, Colombia and South Korea;
  • spouses or common law partners of professionals and technicians under free trade agreements with Panama, Columbia and South Korea;
  • international truck drivers who hold a work permit, “where required to depart Canada for the purpose of their employment and held maintained status as a result of applying for renewal prior to departure”; and
  • individuals who have a pre-existing appointment booked with the CBSA for permit processing.

The CBSA said immigration services at the border are meant for individuals arriving in Canada, not for those already in Canada.

“Those who attempt to flagpole for a work and study permit will be told to submit their application to IRCC unless they meet limited exemptions,” the agency said.

Immigration Minister Marc Miller said in a statement “flagpoling is unnecessary and diverts resources from critical enforcement activities. This change will ease border congestion, improve fairness for applicants, and enhance the efficiency and security of our borders.”

The CBSA said that between April 1, 2023 and March 31, 2024, it processed more than 69,300 flagpolers across Canada — most in southern Ontario, Quebec and British Columbia.

If you have any information, story ideas or news tips for Law360 Canada, please contact Cristin Schmitz at cristin.schmitz@lexisnexis.ca or call 613-820-2794.