By Atty. Henry Moyal
There is no doubt that these are unprecedented times and 2020 will always be known in history as the year of the Covid-19 pandemic. There is also no doubt that the pandemic has taken everyone by surprise and many have questions on proper safety protocol and the future of immigration. However, those following IRCC in the news will know that Canada Immigration did not / has not stopped processing applications for permanent residence. While physical offices have been closed and in person interviews have been cancelled, Canada Immigration has been business as usual and working electronically.
The main changes in IRCC processing during pandemic has been however those seeking to enter Canada. The following are the guidelines:
Canada Border Services Agency (CBSA) will deny entry to any foreign national who displays symptoms of COVID-19 or whose travel is for an optional or discretionary purpose, such as tourism, recreation or entertainment.
If You Are Coming to Canada for Work:
Travelling from the United States (U.S.):
Foreign nationals seeking to enter Canada from the U.S. must:
1. Not display symptoms of COVID-19; and
2. Must be able to demonstrate that they can meet the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2; and
3. Not be travelling for an optional or discretionary purpose, such as tourism, recreation or entertainment.
If you meet conditions 1 and 2, the purpose of your travel will be considered non-optional or non-discretionary if:
Your place of habitual residence is in Canada and you hold a valid work permit; or
You are coming to Canada for the first time to begin your employment and are in possession of a valid work permit or a work permit approval letter, and have proof of employment at a Canadian business which is operating; or
You do not have a valid work permit or an approval letter but are eligible to apply for a work permit at a port of entry pursuant to section 198 of the Immigration and Refugee Protection Regulations and have proof of employment at a Canadian business which is operating.
Travelling from a Country Other than the U.S.
Foreign nationals seeking to enter Canada from a country other than the U.S. must:
1. Not display symptoms of COVID-19; and
2. Qualify for an exemption listed in section 3(1) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States); and
3. Not be travelling for an optional or discretionary purpose, such as tourism, recreation or entertainment.
If you meet conditions 1 and 2, the purpose of your travel will be considered non-optional or non-discretionary if:
Your place of habitual residence is in Canada and you hold a valid work permit; or
You are coming to Canada for the first time to begin your employment and are in possession of a valid work permit or a work permit approval letter, and have proof of employment at a Canadian business which is operating.
It should also be noted that in accordance with Immigration, Refugees and Citizenship Canada (IRCC) program delivery guidelines, work permit applicants travelling to Canada from a country other than the U.S. must have approval from IRCC prior to travel. If you are travelling from a country other than the U.S., you will not be permitted to make an application for a work permit at the port of entry.
If you are flying to Canada, you can expect that your airline agent will conduct a health check to ensure that you are healthy enough to fly. In addition, the airline agent may also ask that you provide proof of your eligibility to travel and that you meet all conditions for travelling to Canada set out above. Failure to do so may result in the airline not permitting you to travel.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
