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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

The federal government has attempted to clarify the uncertainty and confusion surrounding the travel restrictions that have been put in place due to Covid-19. There are essentially two different sets of restrictions – one for travel from any country other than the U.S., and one for travel from the U.S. They apply to all foreign nationals (meaning individuals who are not Canadian citizens or permanent residents) regardless of citizenship and place of residence.

Travel from any country other than the U.S.

Foreign nationals may not travel to Canada from any country other than the U.S. until June 30, 2020 unless an exemption applies. Exemptions include:

• individuals who have been in the U.S. or Canada for more than 14 days (as per the order governing travel from the U.S. to Canada – further details below under “Travel from the U.S.”)
• immediate family members of Canadian citizens and permanent residents
• persons with written authorization from a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members
• persons arriving in an aircraft operated by the Canadian Forces or the Department of National Defence
• persons who, in the opinion of Canada’s Chief Public Health Officer either:
  • do not pose a risk of significant harm to the public health, or
  • will provide essential service while in Canada
• passengers transiting through Canada to another country
  • transiting passengers will be subject to any travel bans and restrictions the third country has in place

Temporary foreign workers holding work permits or work permit approval letters, international students who hold valid study permits or those who were approved for a study permit before noon EDT on March 18, 2020, and those approved for permanent residence before noon EDT on March 18, 2020 who haven’t yet landed are able to enter Canada.

Travel from the U.S.

As of March 21, 2020, there is a 30-day restriction on all non-essential travel from the U.S. to Canada. This applies to the land border as well as flights. “Non-essential” travel has been defined as any travel that is optional or discretionary. This includes tourism and entertainment.

Healthy people who are required to cross the border for essential purposes may continue to do so. Some examples of essential travel purposes are:

• • work and study
  • health, immediate medical care, safety and security
  • shopping for essential goods such as medication or goods necessary for the health and safety of an individual or family

The onus is on the traveller to demonstrate that the travel is not non-essential and therefore excluded from the travel restriction. In the case of air travel, the government is leaving airlines to interpret their directives.

There remains some confusion around the ability of individuals residing in the U.S. to accompany or reunite with a Canadian family member in Canada. We will provide an update once this point has been clarified. Based on currently available information, we take the position that ports of entry may entertain applications for a work permit but will not be conducting landing interviews for individuals approved for permanent residence after March 18, 2020. Due to the ongoing confusion and potential for different outcomes, we encourage you to reach out to us to discuss case-specific issues.

We would also like to point out that effective March 26, 2020, the government has imposed a 14-day mandatory self-isolation period on every person entering Canada (including Canadian citizens and permanent residents), regardless of mode of travel. There is an exception for essential workers such as flight crews, truck drivers, health care providers and critical infrastructure workers. The Government has indicated that it will be doing spot checks ensure compliance. In accordance with the Quarantine Act, those who contravene the order face up to three years in prison and a fine of $1,000,000. Foreign nationals should be reminded that they could become inadmissible to Canada on the basis of criminality if convicted.

As the situation is rapidly changing, we expect ongoing uncertainty and confusion as airline and border services personnel are interpreting the various announcements differently. We strongly recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

The federal government has begun clarifying many of the questions raised by the travel restrictions put in place last week. However there remains a lot of uncertainty and confusion as airline and border services personnel are interpreting the various announcements differently. We strongly recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca, guberman@cilf.ca, appleby@cilf.ca, cowling@cilf.ca, bonisteel@cilf.ca, tsoi@cilf.ca, ali@cilf.ca, green@cilf.ca 

Here is a summary of the developments that occurred over the weekend:

1. Canada has announced that the following classes of individuals will be allowed to enter Canada by land or air, subject to a 14-day self-imposed quarantine period. However, these individuals should not travel to Canada until the effective date has been announced which should occur early this week.
   1. All temporary foreign workers, regardless of field of work or category of work permit.
   2. International students holding a valid study permit or those who had been approved for a study permit before March 18.
   3. Individuals who have been approved for permanent residence before the travel restrictions were announced on March 16.
2. The definition of “immediate family member of a Canadian citizen or permanent resident” in the context of the travel restrictions has been clarified. It is broader than the definition in the Immigration and Refugee Protection Act, which is limited to spouses, common-law partners, their dependent children and any dependent children of their dependent children. The following individuals are also considered immediate family members:
   • Parents, step-parents, guardians and legal tutors of a Canadian citizen or permanent resident
   • Parents and step-parents of the spouse or common-law partner of a Canadian citizen or permanent resident
     • Individuals will be expected to provide evidence of their relationship. Before traveling, we strongly recommend that you reach out to your CILF lawyer for advice on the documents and information with which you should travel.
3. Flagpoling to obtain a new work permit or land as a permanent resident remains prohibited. Please contact our office if you need to vary or extend a work permit. It also remains unclear whether ports of entry are accepting applications for new work permits from visa-exempt foreign nationals. We expect additional guidance on these points later this week.
4. Certain provinces, such as Nova Scotia, have begun limiting travel in and out of the province (both at land borders and at airports). We expect others to follow suit. Domestic travel will likely become further complicated in the coming weeks.
5. Canada is arranging certain repatriation flights for Canadians stranded abroad. However no formal repatriation program has been announced and the government has conceded that it may not be able to bring everyone home.
6. Certain provincial health insurance plans have announced variations to eligibility requirements in light of the pandemic. Ontario’s OHIP will waive the 90-day waiting period for returning and new residents of Ontario. BC’s MSP is allowing foreign workers who are on implied status to request coverage (it does not appear to be automatic).

1. The Minister of Public Safety Bill Blair announced yesterday at a press conference that foreign nationals with valid temporary resident status (work permit or study permit)  will be able to enter Canada, however, they remain subject to travel restrictions announced Monday, that came into effect at noon EST yesterday, March 18, 2020. This means they must either be an immediate family member (spouse, common-law partner or dependent child under 22) of a Canadian citizen or permanent resident or have been resident in the U.S. for the last 14 days. If any of your employees on a work permit are currently outside Canada and unable to return, please reach out to our office to discuss next steps. He also announced that foreign workers providing essential services will be allowed entry, however, no details regarding the definition of essential services are available yet.
2. IRCC has sent a communication to stakeholders confirming that flagpoling (going to the Canada-U.S. land border to make an immigration application or land as a permanent resident) will not be permitted until further notice. Individuals should apply for extensions online. Note, however, that the processing time for online extensions is 3-4 months.
3. The IRCC Call Centre is unavailable until further notice. We encourage all foreign nationals with questions regarding their immigration status or ability to travel in and out of Canada to reach out to their immigration lawyer at CILF.
4. All individuals with a biometrics instruction letter now automatically have 90 days from the date of the letter, instead of 30, to complete the biometrics requirement. Applications can be refused if the applicant does not provide biometrics before the deadline.
5. Transport Canada’s air travel restriction (see yesterday’s update) went into effect yesterday at 12:00 p.m. EDT and it appears that airlines are fully enforcing it. Foreign nationals who are unable to demonstrate that they are not excluded by the restriction risk being denied boarding or even deplaned before takeoff. We strongly recommend that foreign nationals travel with clear documentation establishing their eligibility (for example, a marriage certificate and copy of spouse’s Canadian passport to establish that they are indeed an immediate family member of a Canadian citizen).
6. Air Canada has announced a dramatic reduction in its flight network until further notice. Given the reduced volume of flights, many travellers will encounter difficulties with booking. All global travel has become significantly more difficult.
7. CBSA is reminding everyone entering the country to notify a CBSA officer if they have any symptoms including cough, difficulty breathing or an indication of a fever. This is vital to protecting the public health and to the global fight against COVID-19.
8. The U.S. Embassy and Consulates in Canada have suspended all routine non-immigrant visa appointments until further notice.
9. Certain countries have already announced repatriation efforts for their citizens who are currently abroad. Canada has not yet announced such an initiative.

Information with respect to all aspects of immigration and travel are evolving moment by moment and is subject to change at anytime. We will continue to keep you informed.

• It only applies to travel by air. Surface traffic and marine shipping are exempt.
• U.S. citizens are not automatically allowed to board flights to Canada, contrary to what Trudeau announced during his speech yesterday afternoon. American citizens that have not been in the US for the last 14 days will not be covered by the exemption.
• Airlines will be instructed to deny boarding to anyone who has been outside Canada or the U.S. in the last 14 days UNLESS the individual is a Canadian citizen, permanent resident, or in transit to a third country.
• The measure comes into force at 12:00 p.m. EDT on March 18. It applies to denial of boarding, and not denial of entry into Canada. Therefore it appears that foreign nationals who are caught by the restriction could still be admitted into Canada should their flight arrive after 12:00 p.m. EDT tomorrow.

It is still unclear whether temporary residents with a valid work or study permit and the family members of Canadian citizens and permanent residents will be allowed entry if they have been in a country other than the U.S. in the last 14 days.

For full details, please refer to: https://www.canada.ca/en/transport-canada/news/2020/03/new-measures-for-covid-19-response.html

We expect things to continue to evolve rapidly and are monitoring the situation closely. It is unknown as to  how well-versed the airlines will be in applying the terms of the restriction to individual cases and cannot guarantee that foreign nationals who appear to be eligible to travel to Canada will be allowed to board the plane.