kt510

Good afternoon all,

I am a UK citizen and my Canadian work permit is expiring in the next few months and I am hoping to get my second work permit before then.

I overstayed a VWP back in 2012 and am fully aware I need a B1/B2 visa if I want to visit America, however, I am not looking to enter America, I am just looking to flagpole at the border in order to activate my new permit. I know that people get a "Voluntary Refusal" but due to my previous VWP overstay am I exempt from even trying this or could I have complications?

All answers, greatly appreciated.

Many thanks

Guindalf

So you're basically asking if you can leave the country without leaving the country?

Does anyone really need to answer that?

zerlesen

If it's that obvious, could you explain it? I don't understand the Canadian system and it'd be interesting to know. In principle I thought one could activate a Canadian visa without being admitted to the US (they refuse you entry and you turn right back around?) but I have no idea whatsoever if it'd be a particularly risky thing for the OP to try, given the VWP issues.

scrubbedexpat099

What happens if the Canadians do not let you back in?

Shirtback

Although it sounds weird, it's actually legit . Roll up to US border control, tell them you're flagpoling to activate a work permit, get an administrative refusal, go back to CDN border control & validate WP.

To the OP, I honestly don't know - have you tried asking Former Lancastrian on the Canada page? He *might* know.

username.exe

Is having been refused access to the US something that you might have to declare on subsequent applications for Canadian work permits?
Are you certain that you have to leave the country in order to activate the work permit? Have you looked into visiting Canadian immigration at your nearest airport?

kt510

Thank you for your answers people. It seems like flag-poling should be safe as I am technically not entering the States.

I have no problems entering Canada and everything to do with my previous VWP overstay is declared to immigration during my application process and I don't have any problems.

christmasoompa

There is no way of activating a work permit at the airport unless the OP actually gets a flight out of Canada and then returns.

'Flagpoling' is what most do as they live close enough to the US border and it won't affect any subsequent Canadian visa app at all. Most just have a day shopping before they return to Canada to activate their visas, but that won't be possible for the OP so he'll have to get an admin refusal.

HTH.

kt510

I won't be going to the airport, I will be going to a land border crossing.

I am planning on doing this 7 days before my current permit expires so if it doesn't go as planned I will still have time to fly home for a few days.

The problem is not getting back into Canada, it's the US side of things, but it seems it should be ok.

Thank you all for your assistance.

crg

Canada can't deny someone who the US flagpoles because the US hasn't admitted them. Going to flagpole may lead to questions about the prior overstay or it may not. Either way, the person would generally be returned to Canada promptly or after their situation is reviewed.

I don't see it as risky. The eggs have already been broken. The overstay either generated a 3 or 10 year bar or didn't based on the calendar. He's not attempting entry and it may even be somewhat beneficial to document the violation so the consulate knows whether or not a waiver of ineligibility is required when the visa is sought. If there is a bar, it could even apply if the person becomes Canadian during the bar period.

GeoffM

I've only been to a few land borders and not a US one. In the ones I've used you could go out of the "exit" and go straight back to the same country's entry without even approaching the adjacent country's entry. There was no segregation of inbound/outbound traffic. Is it different for US/Canadian land border crossings?

crg

It depends on the crossing. Some have divided lanes and some small crossings. don't. Some can be walked across. The small crossings are often not full service for processing Canadian immigration documents and may refuse to process them so heading to a small crossing so a quick u-turn could be made may be a bad idea. The Canadians also may want to see that refusal slip.

It's a strange system they have. If they want to take walk-ins at the Canadian border, they should just do it and leave the US out of it.

By contrast, the Americans couldn't issue a traveler any new admission document or benefit unless the person was admitted to Canada and had made a departure from the US.

ian-mstm

All good points!

Ian

GeoffM

It did seem strange hence the question - thanks for the explanation. I'd ask more (like "why") but this thread isn't the place for it.