Category: COVID-19 Immigration & Travel Issues

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Canadian Immigration News COVID-19 Immigration & Travel Issues

Planning to Travel? Make Sure You are Aware of the New Canadian Travel Rules

Looking out a moving car window

With the winter holidays coming soon, many Canadians will be travelling south across the border in order to visit friends and family in the next few months. It is no secret that due to the COVID-19 pandemic, immigration regulations have been changing rapidly. Canadians have often been caught off guard by these regulation changes, as they update quickly, and are left to suffer the consequences, such as not being allowed to travel, quarantine upon return to Canada, or fines for failing to follow the new rules.

Canadians Face Fines for Crossing the Border

An example of the new rules causing issues for Canadians came recently from British Columbia. Due to the recent floods in British Columbia, Canadians who live in border towns were travelling to the United States in order to buy food, medicine and gasoline that was unavailable because of the floods. Upon return to Canada, the travellers were fined by the Canadian Border Services Agencies for not presenting a negative PCR test when returning from the United States. The fines came despite a supposed exception for Canadians in border towns who were crossing the border to pick up essential supplies. Although the fines have supposedly been rescinded, this incident is just one example of how Canadians have been fined since the beginning of the pandemic era travel rules. With the rules set to change again on November 30 and in January, it is vital to stay up-to-date to avoid issues at the border.

November 30 Travel Rule Update

As of November 30, the rules for travelling are set to change again for Canadians. As of November 30, vaccination will be required for travel within and out of Canada. Starting on that date, COVID-19 molecular tests will not be accepted as alternatives to vaccination, unless the traveller is eligible for one of the limited exceptions, such as a medical inability to be vaccinated. The government recommends the traveller obtain and submit the exemption form with their airline prior to travel. Vaccination will be required for travel, and accordingly, the Canadian government updated the list of vaccines it will approve for travellers to be considered fully vaccinated. Prior to November 30, the Canadian government recognized the Pfizer, Moderna, AstraZeneca and Johnson & Johnson vaccines for being fully vaccinated, provided that the traveller had received the correct doses of each vaccine. Starting on November 30, the Bharat Biotech Covacin, Sinopharm and Sinovac CoronaVac vaccines will be accepted by the government of Canada for travel. If you have one of the newly approved vaccines and are planning to travel to Canada after November 30, you should be allowed to enter.

There is a further policy change coming on November 30 that will be appreciated by Canadians. Starting on that date, fully vaccinated individuals with the right to enter Canada who depart and then re-enter Canada within 72 hours of leaving Canada will not have to present a pre-entry molecular test. This exception only applies to Canadian citizens, permanent residents and individuals registered under the Indian Act who depart and re-enter by land or by air and can demonstrate that they have been away from Canada for less than 72 hours. This new exemption extends to children who accompany the traveller who are under 12 years old. This policy change will have a positive impact on a large number of Canadians, as most trips by Canadians to the United States are day trips and the testing policy was effectively discouraging travel. Now, Canadians can visit the United States for short periods of time without having to take a COVID test in order to return to Canada.

More Changes Coming January 15

The changes enacted on November 30 come with some exceptions that will last until January 14, 2022. During this period, individuals in specified exempt groups can continue to enter Canada if they are unvaccinated or partially vaccinated. Currently, the exemptions include individuals who are travelling to reunite with family, International students, professional athletes and their support staff, amateur athletes, individuals with a valid work permit (including temporary foreign workers, excluding agricultural and food processing), and most essential service providers. This means that if you fall in this category, you should be able to enter Canada without being fully vaccinated until January 14, 2022, when the exemption ends.

Following the January 14 deadline, there will still be some limited exceptions as to who can enter Canada without being fully vaccinated. These exceptions include agricultural and food processing workers, foreign marine crew members, those entering on compassionate grounds, new permanent residents, newly resettled refugees, children under the age of 18 who are currently exempt from the travel restrictions and national interest exemptions. If you fall under one of these exceptions, you should be able to travel to Canada without being fully vaccinated after January 14, provided you have the right documentation.

Contact Garson Immigration Law in Toronto for Ongoing Travel Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. If you have any questions about your potential classification or about how you should comply with the changing travel regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

United States Travel Update: Land Border Opening and Vaccine Rules

At the end of September, the United States announced it would be changing COVID-19 restrictions for travellers, moving away from a country-by-country basis approach to a uniform policy based on traveller vaccination status. At the time of the announcement, details about certain aspects of the policy were ambiguous, including when the border would open and which vaccines would be accepted. These answers have now been answered and are outlined below.

Land Border Officially Opening to Non-Essential Travel November 2021

The Canada-United States border first closed in March 2020 in response to the COVID-19 pandemic. Although Canadians and Americans have been able to fly across the border for much of the pandemic, the land border was closed both ways to non-essential travel until August 2021. In August, Canada opened its borders to vaccinated American travellers; however, US authorities did not reciprocate and the border remained closed to Canadian travellers.

On October 15, 2021, the United States announced land borders will be open to non-essential travel on November 8, 2021, alongside the new air travel regulations previously announced last month. The regulations differ depending on method of travel. Non-essential air travellers will need to show a pre-departure negative COVID-19 test taken within three days of boarding their flight and proof of vaccination upon arrival to enter the country. Non-essential travellers at the land border will be required to show proof of vaccination only. Unlike non-essential air travellers, land travellers are not required to produce a negative COVID-19 test.

United States Clarifies Vaccine Rules Under New Regulations

When the new United States travel regulations were first announced, it was unclear if mixed dose COVID-19 vaccines would be accepted. The Center for Disease Control (CDC) does not recognize people who have received mixed doses of the vaccines as being fully vaccinated. With some provinces not yet providing third doses of the vaccine to would-be travellers, many Canadians were left wondering if they would be able to travel to the United States under the new policy.

On October 15, 2021 the United States confirmed it would recognize mixed doses in accordance with the regulations set forth by the World Health Organization (WHO). The United States recognizing mixed doses has important ramifications for millions of Canadians.

The United States will recognize mixed doses of Moderna, Pfizer, AstraZeneca and Covishield as per the World Health Organization opinion on vaccines for the purposes of travel. This is a huge sigh of relief for more than 3.9 million Canadians who received mixed doses of the vaccines during the rush to become inoculated against COVID-19 earlier this year.

Possible Future Policy Updates

Given the new regulations and policies set to come into effect in the next month, other policies changes, regarding negative COVID-19 test requirements and essential travel vaccination requirements, are anticipated.

Canada to Lift Negative COVID-19 result to Avoid Quarantine

Although Canadians do not need to take a COVID-19 test before entering the United States via the land border, when returning to Canada, a COVID-19 test is required to avoid quarantine. Some commentators have been calling for Canada to remove the COVID-19 test requirement for avoiding quarantine, as the test discourages shorter trips to the United States. Around half of all Canadian travel to the United States in 2019 consisted of day trips and many will be discouraged from participating in shorter trips because of the testing requirement. Public Safety Minister Bill Blair was questioned about the testing requirement and suggested short-term travellers take a PCR test in Canada, as results are valid for border crossing purposes for up to 72 hours. However, PCR COVID-19 tests for travel purposes can be costly and wait times for results unpredictable. As it stands, a negative COVID-19 test result to avoid quarantining serves as an impediment to short-term travel to the United States. It remains to be seen if the Canadian government will change its policy.

Vaccination Requirements for Essential Workers

Currently, non-vaccinated essential workers are permitted to cross the border. However, this may be subject to change in the months following the border opening. In January, essential workers travelling into the United States by land will need to be fully vaccinated. At the moment, Canada has not announced vaccination requirements for essential workers in the U.S. travelling into Canada by land, but officials have indicated they are considering making vaccinations mandatory for essential travellers to enter the country.

Garson Immigration Law Will Continue to Provide Updates as More Information Becomes Available

Regulations change rapidly in the COVID-19 pandemic era, and misinformation can result in disappointing and expensive travel delays. Before contemplating travel for business or pleasure, it is important to ensure compliance with the latest regulations in the destination country or region. More information regarding the changing United States air travel regulations will be revealed in the coming weeks. The immigration lawyers at Garson Immigration Law continue to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. Follow our blog for the latest information.

Speak with an Expert in Immigration Law

Garson Immigration Law in Toronto, is exclusively dedicated to the practice of immigration law. For questions about immigration restrictions due to COVID-19, essential worker classification status, or complying with changing regulations, contact us online or call us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

The United States New Air Travel Regulations May Exclude Some Canadians

At the end of September, the United States released a preliminary report on how air travel regulations will change for travellers coming into the United States in the coming months. Specifically, the United States will be moving to a uniform system whereby they will be admitting travellers based on vaccination status rather than country of citizenship. Would-be travellers who are vaccinated against COVID-19 and have received a negative COVID-19 test will be able to enter the country by air. At the time that it was announced that the regulations would be changing, details were sparse but since then there has been some clarity in how the regulations will impact Canadians.

United States Will Accept Travellers Immunized with WHO, CDA Approved Vaccines 

When the new air travel regulations were announced, it was made clear that vaccinated travellers would be able to enter the United States. However, at the time of the announcement, there was some uncertainty as to which vaccines would be recognized by the United States to let travellers into the country. Now, the United States Center for Disease Control and Prevention said that travellers will be able to fly to the United States if they have been inoculated with vaccines that have been approved or recognized for emergency use by the World Health Organization or the United States Food and Drug Administration. 

The United States Food and Drug Administration has three vaccines listed that it has approved or authorized for emergency use. The vaccines included are Pfizer-BioNTech, Moderna, and Johnson and Johnson. Although Astra-Zeneca is not approved by the United States, it has been approved by the World Health Organization. This means that most travellers who have been vaccinated with Astra-Zeneca, or the other three vaccines will be able to travel to the United States based on the proposed vaccine policy for the air travel regulation changes. However, there may still be people who have been vaccinated that could be excluded from travel depending on how the regulation is written.

Mixed Doses May Leave Some Canadians Unable to Travel South

Health Canada’s vaccine approval being different from the United States, may lead to some Canadians being excluded from travel to the United States when the new air travel regulation goes into effect. The uncertainty going forward stems from the air travel regulation announcement not specifying whether those with mixed vaccine doses will be able to travel to the United States by air as part of the new regulation. More than 3.9 million Canadians have received two different doses of the COVID-19 vaccines, with 1.6 million of those having received a dose of AstraZeneca followed by either Pfizer or Moderna.

The United States Food and Drug Administration does not allow for mixing doses of Pfizer and Moderna. Further, the World Health Organization approved vaccines require that people receive the same vaccine for both shots. If these rules follow the air travel regulation, it is possible that those approximately 3.9 million Canadians will be unable to travel to the United States because they chose to receive mixed vaccines. Currently, it is unclear if the mixed doses will be recognized by the American officials when the regulation is put into place. Some other countries do not or did not accept mixed vaccine doses in the past, so there is some precedent for if the United States refuses to recognize the mixed doses.

If you did receive mixed doses and are worried you will be unable to travel, you may be able to receive a third vaccine dose in order to comply with the potential air travel regulation depending on your province of residence. Quebec, Manitoba, Saskatchewan, and Alberta are offering third doses to people in their province who require a third dose for travel. Starting October 15, Nova Scotia will be offering a third dose for people who need to travel for work and are unable to travel because the country they are travelling to does not recognize mixed vaccine doses. Currently, Ontario and British Columbia are not offering third doses to those who need them for travel, rather they are only providing a third dose for the immunocompromised. Be sure to keep up with the news if you are in a province that does not currently offer a third dose for travel, as that may change with the changing regulations in the United States.

Vaccine Passports for International Travel are Coming in the Near Future for Canadians 

Although many provinces now require a form of vaccine passport in order to access non-essential services such as restaurants, there is still no national Canadian vaccines passport for international travel that is available to Canadians at this point. This may change soon however as the Canadian government is expecting to release a singular proof of vaccination system for international travel in the “next couple of months”. In developing a vaccine passport for international travel, the government has indicated that they are focusing on making the certification digital but stressed that the documentation would be available in physical form as well. A vaccine passport will likely include the holder’s COVID-19 vaccination history, the number of doses, vaccine types, and the date and place where the vaccine was administered. Be on the lookout for when the international vaccine passport is released if you are planning to travel.

Contact Garson Immigration Law in Toronto for Ongoing Travel Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. If you are planning to travel, make sure you keep up with the regulations for the country or region you are planning on travelling to, as regulations can change rapidly in the COVID-19 pandemic era. More information regarding the changing United States air travel regulations will be revealed in the coming weeks so be sure to stay updated if you are planning on travelling to the United States in late autumn or this winter.

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

Changing Air Travel Regulations in Canada and the United States

Below, we provide an update on new travel requirements for air travel into both Canada and the US. Restrictions for travelling to the US are expected to be relaxed, as the country looks to adopt new air travel restrictions in the coming month. In Canada, the ban on flights from India has been lifted, while the one on flights from Morocco has been extended.

United States Changing Pandemic Era Flight Restrictions

Last week, the United States made one of its biggest travel policy changes since the COVID-19 pandemic era restrictions began being implemented in March 2020. The US has announced it is planning on easing airline restrictions starting this fall for travellers to the country who have proof of vaccination as well as a negative COVID-19 test. Previously, the restrictions imposed on flying into the United States differed on a country-by-country basis, leaving many people who wanted to travel to the United States from countries with lower COVID-19 rates unable to do so.

In order to enter the United States once the new policies go into effect, all foreign travellers must demonstrate proof of vaccination prior to boarding their flight in addition to a negative COVID-19 test taken within three days of their departure time. Fully vaccinated travellers will not have to quarantine upon arrival in the United States, and exceptions will be made for children who are not yet approved for vaccination. There are also new rules for American citizens who are flying into the United States. Unvaccinated citizens will need to be tested within one day of the departure of their return flight to the United States and then tested again upon arrival.

Changes Still Require Clarity

Some parts of the new policy are unclear and will need to be clarified before the policy comes into effect. For example, it was not announced if travellers must have specific brands of vaccines in order to be considered fully vaccinated when travelling to the United States. Further, no date has been set for when the new policy will come into effect, although the announcement indicated that the policy is expected to come into force in “early November”.

Although the air travel policy is set to change, there has been no word on the land border closure for non-essential travel from Canada to the United States that has been in place since the onset of the pandemic. Although the relaxing of the air travel restrictions is promising, the situation at the land border will remain the same until at least October 21, 2021.

If you are planning on travelling to the United States from a country where you are not currently able to do so, keep an eye out for the official date the policy goes into place so you can plan your travels accordingly.

In Canada, some flight bans extended, some flight bans lifted

Canada’s travel advisories with respect to foreign travel remain in effect on a country-by-country basis. Since the beginning of the travel restrictions spurred on by the pandemic, travel has been disallowed from certain countries while allowed from others.

Recently, Canada lifted a ban on direct flights from India. The ban on direct passenger flights was enacted a few months ago and prevented people from travelling to Canada directly from India, creating the need for travellers from India to incur extra travel costs in order to complete their journey. As of September 27, the direct flight ban was lifted, and flights from India to Canada have resumed, albeit with some restrictions. For example, travellers will need to show a negative COVID-19 test result from a specified lab located at Indira Gandhi International Airport within 18 hours of their departure time.

Even though the ban on flights from India was lifted, Canada is still restricting flights from certain other countries. One example of which is Morocco, which had its ban on direct flights to Canada extended until at least October 29, 2021. Travellers who are in Morocco will have to travel through a third country and obtain a negative COVID-19 test in that third country if they want to continue on to Canada.

If you are planning on travelling to Canada, make sure to keep up with the news as Canadian travel advisories can change frequently. Be sure to check the list of advisories in order to ensure that you can directly fly to Canada and if you can fly directly to Canada, be sure to account for the COVID-19 compliance directions you need to follow in order to be admitted.

Contact Garson Immigration Law in Toronto for the Latest on Covid-Related Travel and Immigration Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

A Review of Travel Destinations Available for Canadians This Fall

Since the onset of the pandemic approximately 18 months ago in March 2020, Canadians have been left wondering when they would be able to travel internationally, and where they would be able to travel when restrictions started to lift. Despite the Government of Canada’s official travel advisory, which directs all Canadians to avoid non-essential travel outside of Canada, Canadians are indeed able to travel at this point to many countries internationally. In fact, there are only sixteen countries on the government travel advisory with an advisory of “avoid all travel” so most of the world is open to Canadians at this point in time. Canada, in turn, opened its border to the world on September 7, but the federal government has suspended incoming flights from India and Morocco for the time being.

United States

Although American citizens have been allowed to cross the land border into Canada for non-essential purposes since August 9, the same privilege has not been extended to Canadians. As it currently stands, the United States land border remains closed to non-essential travel for Canadian citizens and permanent residents. The current restriction on travel is set to expire on September 21, but there has been no news as to whether the restriction will be lifted. It is unlikely the border closure will end on September 21 given the lack of news regarding a potential opening and an apparent lack of urgency from the United States to open the border. Rather, it is more likely Canadians will be waiting until at least October to drive south across the border.

If you do want to travel to the United States, Canadians can fly south of the border with few restrictions. There is no vaccination requirement to enter the United States. Rather, air passengers need to show proof of a negative COVID-19 test obtained within 72 hours before their flight in order to enter the country.

Europe

Canadians have been able to travel to the European Union’s 27 member states ever since the EU governments agreed to add Canada to their list of states from which they allow non-essential travel in July. However, the countries that comprise the EU do not have uniform regulations on travel, so Canadians who intend to travel to one of the countries must ensure they inform themselves of their destination country’s entry conditions.

In general, travellers to most of the European countries will need to show a negative COVID-19 PCR test and proof of vaccination in order to avoid a mandatory quarantine period of 10 to 14 days, depending on the country. Not all countries in Europe are requiring proof of vaccination. Some only require a negative COVID-19 test prior to arrival, including France, Germany, Sweden, and Austria.

EU countries that do require proof of vaccination will generally accept mixed doses, so long as the individual vaccines were approved for use by the EU health authority of the World Health Organization. However, Canadians should be sure to confirm the requirements of the specific countries they plan to visit to be sure.

Latin America and Caribbean countries

There is less consistency in the requirements needed to visit some of the popular winter holiday destinations. For example, Mexico has no COVID-19 restrictions in place for Canadian travellers at this time. This means you can enter Mexico without showing proof of vaccination, or a negative COVID-19 test prior to arrival. However, travellers must have a valid passport, and complete some additional documents.

Most of the Caribbean countries that Canadians can travel to such as Jamaica require at least a negative COVID-19 test prior to arrival. Many more require proof of vaccination status as regulations vary greatly throughout the region. Some countries require quarantine or for Canadians to stay in certified COVID-19 accommodations for the duration of their trip, thereby restricting travel within those countries for tourists. If you are planning to travel, make sure to check the entry requirements prior to departure.

Insurance

If you are planning on travelling internationally, now more than ever it is a very good idea to make sure you have adequate insurance coverage while travelling in case of a COVID-19 infection while abroad. Make sure your insurance will cover any COVID-19 related issues, as some policies have coverage exemptions in place for where Canadians have been advised to avoid travel. Additionally, some insurance coverage may be dependent on vaccine status, so make sure to check if you will be covered in the event you do contract COVID-19 abroad.

Contact us

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues Sponsorship

An Overview of Family Sponsorship As Canada’s Border Reopens

On September 7, Canada officially opened its border to fully vaccinated non-essential foreign travellers from all over the world. The opening policy allows those travellers to skip the 14-day quarantine requirement, which means that tourists can come to visit Canada again. This means that families that have been separated by the COVID-19 pandemic for several months can see each other again. If you have family abroad and are interested in having your family come to Canada for more than just a visit, you may want to consider family sponsorship in order to have your family members obtain permanent residence status so they can live in Canada with you.

Sponsor eligibility

Firstly, in order to sponsor a spouse, partner or dependent child for permanent residency status you must be eligible. In order to be eligible, you must be at least 18 years old and:

  • a Canadian citizen,
  • a permanent resident of Canada, or
  • a person registered in Canada as an Indian under the Canadian Indian Act

In addition, you must be able to prove that you are not receiving social assistance for reasons other than a disability and show that you can provide for the basic needs of any persons you want to sponsor.

Financial Ability

In order to sponsor someone, you must show that you are able to financially support the family members when they come to Canada and show that your family members will not need social assistance from the government when they arrive to Canada. You must further promise to financially take care of the persons you are sponsoring for a period of time. This period of time, which must be specified in an undertaking, differs depending on the family member sponsored. For example if you are sponsoring a spouse or partner, the undertaking will last for three years, whereas if you are sponsoring a dependent child, the undertaking time will vary depending on the child’s age when they arrive in Canada.

Depending on the sponsor’s status, eligibility to make an application can depend on whether you are currently in Canada. In order to make an application as a permanent resident, you must be living and present within Canada at the time of application. Canadian citizens can make sponsorship applications from outside of Canada provided they show that they intend to live in Canada when the person who you want to sponsor becomes a permanent resident.

There are further ways in which you can be ineligible to sponsor a family member, such as if were sponsored by a spouse or partner and became a permanent resident less than 5 years ago or if you are still financially responsible for a previous spouse or partner that you sponsored.

Who can you sponsor?

You can sponsor a spouse as long as they are legally married to you and is at least 18 years old. If you are looking to sponsor a common-law partner, there are more requirements, such as you and your partner must have been living together for at least 12 consecutive months, living together for at least year in a conjugal relationship without any long period spent apart. Any period spent apart must have been short and temporary.

For dependent children, they must be under 22 years old, and the child must not have a spouse or common-law partner. Children who are over 22 years old may qualify as dependents if they are unable to financially support themselves because of a mental or physical condition and they have depended on their parents for financial support since before the age of 22.

You can also sponsor a sibling, nephew, niece, or grandchild if:

  • they are related to you by blood or adoption,
  • both their biological parents are no longer alive,
  • they are not married, and
  • they are under 18 years of age.

Further, you can sponsor one relative of any age, related by blood or adoption provided that you have no living relative closer than the person who you want to sponsor who you could sponsor instead; and you do not have any relatives who are Canadian citizens or permanent residents.

Someone may be eligible based on the above criteria by still unable to be sponsored as you cannot sponsor someone who would be otherwise inadmissible to Canada, likely through criminal or medical inadmissibility.

The Application

In order to apply to sponsor a spouse, partner or child there are two required applications. You must apply to become a sponsor, and then the person you are sponsoring must also apply for permanent residence. Both applications have to be sent in at the same time. Currently, the government lists the fee for the application as $1050 for a spouse and $150 for a child. The government further estimates that the time to resolve a spousal sponsorship is around 12 months right now whereas for a child the waiting time will vary by country of origin. If you are planning to sponsor a family member, it is important to make sure that the application is submitted correctly from the outset in order to ensure the best possible chance of your application being accepted and avoid unnecessary delays.

Contact Garson Immigration Law in Toronto for Family Sponsorship Applications

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. With nearly 30 years of experience in helping clients gain admissibility to Canada, we will work to help ensure that your sponsorship application is complete and correct the first time you apply in order to avoid rejection or delay. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues Inadmissibility

As Canada Looks to Open Further, Some Travellers May Still be Inadmissible

On August 9, Canada opened its borders to fully vaccinated United States citizens and permanent residents for non-essential travel. When the updated policy was announced, the government indicated that the border would open fully for vaccinated travellers on September 7. Potential entrants will need to have been fully vaccinated with vaccines approved by Health Canada at least 14 days prior to entry as well as take a COVID-19 test within 72 hours of departure. As of now, the government has not hinted that it intends on pushing the September 7 date back, but in its initial statement regarding the border, the government said that the border would open “provided that the domestic epidemiologic situation remains favourable.”

This relatively vague language suggests that the Canadian government could push back the date should it determine that the COVID-19 situation in Canada is such that opening the borders would not be advisable. However, as we close in on the September 7, date, it is increasingly unlikely that this will occur, despite rising COVID-19 case rates in Canada, as vaccinated travellers are considered low risk according to Chief Public Health Officer Dr. Theresa Tam. If you are planning to travel to Canada as a non-Canadian citizen, be sure to monitor the news for the next week in order to make sure you will be allowed into the country when you do travel.

If the recent border restrictions allow you to travel to Canada when you were previously inadmissible because of the border restrictions, there are still some other ways you could be deemed inadmissible that you will need to consider before booking a ticket. Examples of such inadmissibility are criminal inadmissibility and medical inadmissibility.

Criminal Inadmissibility

If you are seeking to enter Canada from abroad and have a criminal record, you risk being denied entry. There are some steps you can take in order to check your eligibility or even have your criminal record waived for the purposes of entering Canada. For example, if your criminal record is for a marijuana-related offence, you may still be allowed to enter Canada, as possession of marijuana is legal in Canada. Possession of up to 30 grams is allowed in Canada, so if your charge was for under that amount, you may not be denied entry. However, if your charge involved you being in possession of over 30 grams or trafficking you may not be permitted to enter.

Certain charges, such as a DUI conviction, can make individuals inadmissible to Canada for serious criminality. If someone has a charge that reaches the level of serious criminality, they are in theory deemed inadmissible to enter Canada forever.

However, there are different methods for overcoming the finding of inadmissibility based on criminality. Depending on the charge and length of time since the charge, you may be eligible for deemed rehabilitation, individual rehabilitation, record suspension or discharge, or a temporary residence permit in order to be able to enter Canada.

Deemed Rehabilitation

If at least 10 years have passed since your criminal charge, you may be permitted to enter Canada. Eligibility for deemed rehabilitation depends on the seriousness of the charge, the extent of your record, and the time that has passed since the charges. Deemed rehabilitation is only available for charges which if committed in Canada would come with a maximum prison sentence of fewer than ten years.

Individual Rehabilitation

Individual rehabilitation is available when it has been five or more years since the end of your last criminal sentence. If this is the case, you can claim you have been rehabilitated. In order to be eligible, you must establish that you are unlikely to commit any further crimes.

Record suspension or discharge

If you received a record suspension or discharge of your charges in a foreign country, the suspension or discharge may also be valid in Canada. Depending on the country and the circumstances, your record suspension or discharge may help you enter Canada.

Temporary Residence Permit

Temporary residence permits are used to grant entry to foreign nationals who would otherwise be deemed ineligible for entry to Canada. If you have a criminal record are not eligible for rehabilitation, or need urgent entry, you can apply for a temporary residence permit. The requirement for a temporary residence permit is that you have a valid reason to travel to Canada and the reason for travel outweighs any potential risk you may pose. Through a legal opinion letter, a skilled lawyer can explain to the border authorities their client’s criminal record and its impact and why the client deserves a temporary residence permit.

Medical Inadmissibility

Alternatively, people may be inadmissible to Canada based on medical reasons if it is deemed that the person poses a threat to the health and safety of Canadians, or if they are likely to place a significant burden on Canada’s healthcare system. If you are deemed to exceed the cost threshold, you will likely be found inadmissible. However, you can submit evidence demonstrating your ability to mitigate the cost threshold in order to gain entry. Mitigation requires a considerable amount of documentation and you must show evidence of the services you will need in Canada, as well as how you plan to pay for them for the duration of your time in Canada.

Contact Garson Immigration in Toronto to Discuss Your Inadmissible Status

If you have a reason for why you may be inadmissible to Canada and want to come to Canada do not assume that you will be unable to enter. We can help to ensure you have the chance of being able to enter the country, regardless of the reason for inadmissibility.

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. With nearly 30 years of experience in helping clients gain admissibility to Canada, we will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues

Late Summer Travel Updates

As the end of summer is quickly approaching, some people may be looking to book last-minute travel before kids return to school and we settle into autumn. Below, we will provide updates to travel restrictions between Canada and the U.S., as well as recent changes to U.K. travel policy affecting Canadians.

Border Update: Status Quo Continues

Another month has gone by, and Canadians are still not allowed to travel into the United States by land for non-essential reasons. The U.S. Department of Homeland Security announced that the border restrictions will remain in place in order to minimize the spread of COVID-19, including the Delta variant. The extension of the restrictions came as a surprise to some as Canada opened its land border to fully vaccinated American travellers on August 9, and since then American travellers have flowed into Canada, with the number of non-commercial visitors doubling since the border opened. The number of Americans accessing Canada by land is still well below the pre-pandemic average, however. In the first week after opening the border, nearly 220,000 Americans entered Canada for non-essential reasons, compared with 1.4 million during the same period in 2019.

As Canada opened its border, many expected the United States to follow suit and allow Canadian travellers into the country but hopes of the border opening were put on hold. Now, those who are vaccinated and want to travel will have to wait at least one more month, until the current restriction expires on September 21, 2021.

Centers for Disease Control Urges Americans to “Reconsider” Travel to Canada

Canadians should likely expect to continue waiting for the land border to open for non-essential travel to the U.S., given yesterday’s announcement from the Centers for Disease Control. The organization, which rates the safety of travel to various locations, has urged American travellers to ‘reconsider’ non-essential travel to Canada due to the increase in the risk of infection. The CDC has placed Canada under a Level 3 (High Risk) travel notice and is asking Americans to either put off travel to the country or to take additional precautions, including getting fully vaccinated, before doing so. Americans who cross into Canada for non-essential purposes at land borders already require full vaccination, however, those travelling by air do not, so long as they present a negative Covid test prior to travelling.

Canada added to United Kingdom Green Travel List

The warnings to Americans do not appear to be impacting Canadian travel to the United Kingdom. Canadians have been able to travel to the European Union since July, however, each country is able to set its own quarantine requirements upon arrival. The United Kingdom, no longer part of the European Union, has had different travel restrictions than the rest of the continent since the onset of the pandemic in March 2020.

However, there is some good news for those who want to travel to the United Kingdom, as Canada will be added as a Green List country for travel as of August 30. Until August 30, Canada will remain on the Amber List, which means that travellers from Canada to the United Kingdom before August 30 will still have to adhere to the Amber List rules which involve testing for all travellers, and mandatory quarantine for those who are not fully vaccinated. The Green List rules dictate that travellers do not have to quarantine upon arrival to the U.K., regardless of their vaccination status. Still, travellers to the U.K. have to take a COVID-19 test within three days of departure, and then take another test two days after arrival within the country. Only if one of the test results comes back positive the traveller will be subject to quarantine.

It is important to remember that the Public Health Agency of Canada still advises against non-essential travel outside of the country and it recommends that if you are planning to travel, to use extra caution. If you do travel outside of Canada, make sure to follow the required directions when returning to Canada in order to avoid quarantine.

Contact Garson Immigration Law in Toronto for Ongoing Travel Updates

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues

Canada Announces Vaccine Passports Coming This Fall

A few months ago, we wrote about the possibility that Canada would use vaccine passports in the future for international travel. At that time, Canada was talking with other countries about implementing some sort of vaccine passport system, but there was some domestic pushback that cited privacy concerns as a reason why vaccine passports should not be required.

However, this week the Canadian government, via Immigration Minister Mark Mendicino, announced that vaccine passports are coming, and vaccinated Canadians will be receiving them for international travel. Vaccine passports will be standardized across all provinces and will include the owner’s inoculation history, including:

  • The date(s) they were vaccinated,
  • The type of vaccine they received at each appointment, and
  • The location where they received each dose.

Vaccine passports will be available to all citizens, permanent residents and temporary residents living in Canada who are vaccinated.

Vaccine Passports to be Available This Fall

Vaccine passports will be available “early this fall” according to Intergovernmental Affairs Minister Dominic LeBlanc. In order for the federal government to create a federal vaccine database and eventually begin to deliver the passports, it will need to access the vaccine data from all of the provinces.

Standardized passports will likely make travel more simple for many Canadians. Currently, each provincial health ministry has issued receipts that can be printed on paper, making proof of vaccination relatively easy to lose, or even falsify. This has already proven to be an issue at the border, with two Canadians travelling from the U.S. recently facing steep fines for a variety of health violations, including providing forged evidence of vaccinations when travelling back to Canada.

Rather than just proof of vaccine, the vaccine passport will allow foreign border officials to see the holder’s vaccination history directly provided by the Canadian government. Vaccine passports will also make it easier for Canadians to avoid quarantine when crossing the border to return home.

In fact, the passport could not only help Canadians avoid quarantine, but also help some Canadians avoid costly fines, like the one levied against an Ontario man at the end of July. In this case, a man was fined because he could not access his negative COVID-19 test through his phone due to a forgotten password. In theory, it’s possible someone travelling with the paper receipt provided at the time of vaccination may lose the document or damage it, resulting in similar fines in order to cross back into Canada. The vaccine passport system will likely come with an easier-to-access app that will be more efficient for when Canadians are crossing the border. For Canadians without access to a mobile device, there will also be a physical version of the passport available.

Provincial Passport Policies

Provinces are split on providing passports, as some have unequivocally stated that they will not issue passports to residents, while some provinces have begun the process of providing vaccination proof to their citizens. Some provinces, such as Quebec are developing their own version of a vaccine passport. In Quebec, the passport will be used to access non-essential services, such as gyms and restaurants. Quebec is following the lead of some European countries, like France, which started requiring proof of vaccination for access to certain public areas.

Every province can provide its citizens proof of vaccination, but the vaccine passport from the federal government will be the one used for international travel. In fact, the passport may also be put into use for domestic flights, as just today, the federal government announced that all commercial airline passengers and employees will require vaccines soon.

Positive Border news

On August 9, Canada opened its border to tourists from the United States for the first time since the onset of the COVID-19 pandemic. There has been no word from south of the border as to when Canadians will be able to travel to the United States for non-essential reasons as of yet, but there was an encouraging sign this week. The United States State Department lowered the COVID-19 travel advisory for Canada to “Level 2 Exercise Increased Caution”. The Center for Disease Control followed suit and also lowered its level of caution for travelling to Canada. While this does not necessarily mean that the United States will lift its border restrictions with Canada, it is encouraging that federal agencies are adjusting the risk level for travelling to Canada. With the border restrictions set to expire on August 21, make sure to stay updated if you are indeed planning to travel.

Contact us

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues

Mixed Messaging Continuing to Impact Canadian Travel

With the news that the Canadian land border is opening to American tourists for the first time since March 2020 on August 9, 2021, there have been calls for reciprocation, to allow vaccinated Canadians to cross to the US for non-essential travel. However, mixed messaging with respect to vaccination doses is continuing to create confusion for Canadians looking to vacation abroad.

Mixed Vaccine Doses Cause Confusion for some Travellers

Canadians looking to travel might assume they will be okay to do so as long as they are fully vaccinated. However, this is proving not to be the case in some locations. All countries can set their own rules as to who they allow through their borders, and as Canadians are finding out first hand, not all COVID-19 vaccines are considered equal by many of the destinations Canadians want to visit.

Some countries do not recognize those with mixed doses of the COVID-19 vaccines as being fully vaccinated, creating a situation where Canadians with mixed doses will not be able to travel to those countries. Many Canadians fall into this category, especially after people who had received initial doses of Pfizer or AstraZeneca were encouraged to get their second dose with a different brand, due to shortages or changes in public health policies.

Policies Differ Drastically Depending on Destination

Vaccine policy is different around the world. For example, Barbados is accepting travellers with mixed doses, whereas Trinidad and Tobago are not recognizing people with a mix of Moderna and Pfizer as being fully vaccinated. More pressing for Canadians is the United States’ stance on mixed doses. Currently, the United States does not approve of mixing COVID-19 vaccines. According to a representative from the Center for Disease Control, in most cases they do not see having mixed doses as being comparable to being vaccinated with the same dose twice. This policy could impact Canadians who seek to travel to the United States across the land border once it opens to non-essential travel. Currently, the mixed dose issue will not impact Canadians who want to travel to the United States by air as all that is required to travel by air to the Untied States is a negative COVID-19 test. 

Canadians who wish to travel to Europe may encounter similar issues, as several European countries do not recognize the COVISHIELD AstraZeneca vaccine, even though they recognize the European manufactured version of the AstraZeneca vaccine. More than 80,000 Canadians have received COVISHIELD, so unless the policy is changed or they receive another vaccine, they will be unable to travel to certain countries. More countries have been recognizing the COVIDSHIELD vaccine as legitimate which bodes well, but again, each country has some level of control on policy at their own borders, so there is no guarantee that all of them will recognize the vaccine.

The Canadian government says it has been working with other countries to resolve this difficult situation. There is also some expectation that the United States will eventually recognize people with mixed doses as fully vaccinated. Further, the possibility of a third vaccine to remedy this issue is another possible solution, as Quebec has stated it will offer a third vaccine to those who have essential travel planned to another country who would otherwise not have recognized their mixed dose status.

Overall, this is a frustrating situation for Canadians as the world is opening up to travel again and many Canadians who have followed Canadian vaccination guidelines may still face restrictions. If you are planning to travel, make sure that the country you are planning to travel to will accept you as fully vaccinated based on the vaccine doses you have received.

Border Strike Looming

Those looking to enter Canada by land or air will likely be facing long delays soon. Last week we wrote about the possibility of a Canada Border Services Agency (“CBSA”) strike and the potential impact it would have. Now, as of August 6, there is no agreement between the border officers and the federal government, and the border officers have officially have begun work-to-rule. Travellers can expect long delays at both airports and land border crossings as a result of the friction between the union and the federal government. So, if you are planning on travelling to Canada, you may want to account for the extra time that will be spent at the border as a result of the ongoing conflict.

Contact Garson Immigration Law in Toronto for Ongoing Immigration and Travel Guidance

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.