CBSA refusals to validate PR at Land Border crossings in Niagara (and maybe more areas)

[SeineToHumber]

Background:

CBSA seems to be upset that they have been offering rapid and timely service for PRs.

They have created an unpublished and secretive "flagpole" policy because they think they're too busy providing this service. It can be found here: http://jrlawoffice.com/wordpress/wp-content/uploads/2017/06/FINAL_Factsheet_Flagpoling_eng.pdf

The Canadian Bar Association's position about "flagpoling" can be found here: http://www.cba.org/CMSPages/GetFile.aspx?guid=a952f4e6-bb15-40a8-8b10-72a7f5303da9

This tactic by CBSA of reducing PR services by over 70% may spread to other land border crossings.

Basically, the Bar Association considers CBSA's actions to be illegal. PRs (and study/work permits) must be validated at border points of entry by law. It doesn't matter how long you've left Canada. Flagpoling is a made-up term by CBSA without any meaning. CBSA is making things up, and not even defining them.

My spouse was refused PR processing at the Queenston-Lewiston crossing, even though we spent 24 hours in the USA. Shopping was the primary purpose of the trip.

I've sent the complaint below to every senior CIC staffer I could construct an email address for.

The Associate Deputy Minister of Immigration, Richard Wex, referred our case the next day to CIC's Case Management Branch. The Case Management Branch "Reviews and manages contentious, complex, high profile and sensitive immigration cases" (http://www.cba.org/cba/cle/PDF/IMM11_Chomyn_Slides.pdf)

They even responded at 5:15PM Eastern, after regular working hours in Ottawa.

Evidently, the Immigration ADM is taking CBSA's refusals very seriously.

Here is what we emailed to CIC that generated a very quick response:

Hello,

I was shocked to find that my wife was refused PR processing at the Queenston-Lewiston Bridge this weekend after a 24 hour trip to the USA.

Along with the Confirmation of Permanent Residency, the Canadian Embassy in [redacted] letter clearly stated that it can be activated at any Port of Entry.

The CBSA experience at [ redacted ] PM on December [redacted] was frustrating. At a nearly empty office (4 desk agents and only 2 clients inside), we were told they no longer process such applications Friday through Monday because of "workload".

The CBSA website clearly states that this crossing offers Immigration Services 24 hours per day, 7 days per week.

All we were provided was an English-only 'factsheet' about a new policy on "Flagpoling", which does not define what this term even means. We've never raised a flag in our lives, therefore we are not flagpolers.

We were told by CBSA that there is zero chance they can process us at that time. "They can't".

How are Canadians supposed to immigrate efficiently when every step of the process is fraught with delays? While family class applications are being streamlined, the next step of the process gets delayed.

1. Why does CIC continue to advise PR applicants to go to any port of entry when Ports of Entry will reject them?

2. Why does CBSA make up words and rules and not define/publish them? Covfefe.

3. What is the basis in law for CBSA's refusals to process PR landings?

This cannot be allowed to continue.

Thank you for your attention in this matter,

Finally, I've gotten in contact with the Immigration critics from the other major political parties and the border cities that CBSA's "policies" will impact.

 

[SeineToHumber]

I've emailed every councillor and mayor in the impacted regions warning them about the loss of tourism business from CBSA's decision.

If CBSA is "inundated" with people entering at Ports of Entry, CBSA should invest in more people and infrastructure, not cut services.

 

[rish888]

CBSA has a "remote border crossing program." Basically a permit that allows Canadian/American citizens/permanent residents (who can pass US and CDN background checks and have a clean immigration record) to cross the border without reporting to immigration (a schengan type of thing) in certain "remote" (read water bodies) locations between Western Ontario and Eastern Manitoba.

What I don't get is why can't CBSA expand this program to all/very busy POE's? After all if people wanted to smuggle goods/people they would still use Lake Superior or a super remote location (where CBSA has very little surveillance/a long response time) over a large POE full of CBSA. Expanding the RABC program would allow CBSA more time to deal with foreign travellers/travellers without preclearance without needing to resort to probably illegal policies.

I know they do NEXUS, but the application seems to be a nightmare compared to the RABC (a 1 page form with no interview) and my understanding is that NEXUS still involves some sort of face to face interaction with an officer. Seems like if CBSA admits there is a lack of resources and amends policies and creates/expands programs that eases crossings for low-risk Americans and Canadians, they will be able to devote more time to the high-risk travellers and foreign nationals, thus creating a more secure border without needing to cut services.

 

[SeineToHumber]

Looking more into this, there's an "Important Notice" floating around that CBSA is going to reject flagpolers at two popular Montreal-area crossings for study/work permits (not PRs!).

Unlike the previous "Fact Sheet", it actually defines flagpoling as

Flagpoling: Going to the USA for the sole purpose of returning to a Canadian port of entry to apply for a new immigration status

So, it seems like Queenston-Lewiston majorly screwed up by denying us PR processing on a Sunday after 24 hours in the USA. There was no mistake of our travel in the US: green I-94s showing admission to US the day before, tons of shopping and beers.

I look forward to seeing what the formal complaint yields.

Source: https://pbs.twimg.com/media/DPu3_JmVQAAMz23.jpg

 

[APPNOV2014NY]

Wait. Are we still discussing it !!!!!!

Get over it. You tried to game the system by spending 24 hrs in USA and CBSA agents outsmarted you.

 

[SeineToHumber]

Wait. Are we still discussing it !!!!!!

Get over it. You tried to game the system by spending 24 hrs in USA and CBSA agents outsmarted you.

"Outsmarted"? There was zero deception.

"Game the system" by following instructions and coming with all required paperwork?

"Get over it"? This isn't over.

If federal public servants fail to provide public service, that's a problem that we should all hold them accountable for.