Category: COVID-19 Immigration & Travel Issues

While Canada continues to face high infection rates and lockdowns in the third wave of the pandemic, some countries are showing more signs of improvement and are focused on reopening certain parts of their economy. One of those countries is the United States. With over 30% of Americans already fully vaccinated, some internal restrictions are beginning to ease. However, while some are calling for a reopening of the border with Canada, this doesn’t seem likely until later this year.

Top US Democrat Calls to Reopen the Border

On Wednesday, U.S. Senate Majority Leader Chuck Schumer released a letter calling for officials of both countries to work together to establish a “transparent, bilateral and public plan” for reopening the border as soon as possible. With an acknowledgement that any plan must consider public health guidance, metrics, and safety protocols, Schumer is calling for a definitive plan in light of the advancements with vaccinations in the U.S.

Due to the rising rates of vaccinated Americans and the subsequent decline in cases in New York and elsewhere, it has become abundantly clear that an agreement can and should be reached to safely accommodate the border communities without compromising the fight against COVID-19.

However, in a shift from where things stood six months or a year ago, it may be the situation in Canada that prolongs any border reopening between the two countries. Some provinces, including Alberta and Ontario, are currently facing the highest infection rates they’ve seen since the start of the pandemic. While efforts to expand the vaccination programs are currently underway, the impact of the variant infections is having a considerable impact. So much so that Canada is now the subject of a travel warning for Americans.

Center for Disease Control and U.S. State Department Warn Against Travel to Canada

The United States State Department has warned against travel for Americans to 80% of the world. Strongly recommending that American residents reconsider all travel abroad, the State Department published a list of countries to which it classified as Level 4: Do Not Travel. Canada is included on the list, along with countries like France, Mexico, and the United Kingdom. Travel to these countries is not necessarily banned, but rather strongly discouraged. The rules allowing travel into and out of each country are instead governed either by agreements between the respective nations or the regulations promulgated by each country.

It was recently announced that the European Union will permit fully vaccinated Americans to visit this summer. However, this may be impacted by the warnings on the U.S. side, depending on the specific destination country. Several European countries are considered Level 4, as noted above.

The European Union will be using digital green certificates to show whether a citizen of its 27 member states is vaccinated. Prospective travellers to the EU from the United States and elsewhere will have to show some proof of vaccination in order to enter.

Canada’s Vaccination Passport Policy Still in Development

Looking ahead to the broader expansion of tourism and travel, Canada is still working on developing its policy with respect to proof of vaccination for travellers. While the U.S. has so far declined to commit to a similar policy, many other nations have already done so. On Tuesday, Canada committed to working with its international allies to develop a policy that aligns with other nations.

In a global poll of adults across 28 countries, 75% of respondents showed support for some sort of vaccination passport policy for travel. In addition, most respondents felt that passports could also be helpful in facilitating a return to large events in a safe way. Canadians polled in the survey showed 78% approval for requiring vaccine passports for travel, while only 61% showed the same support for requiring proof of vaccination for events or internal travel.

Contact us

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are experts in successfully guiding clients through the immigration process. 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.

On April 22, the premiers of Ontario and Quebec called on Prime Minister Justin Trudeau to introduce stricter regulations at both land and air border crossings in order to further reduce non-essential travel during Canada’s third wave of COVID-19. Premiers Ford and Legault requested that the federal government cut back on incoming international flights while also taking action to close loopholes at the Canada-US land border that have allowed some travellers to avoid quarantine. Their letter to the federal government said:

“The actions your government has taken to date are essential in continuing to limit the importation and spread of new variants of the virus. We fully support current measures taken, such as requiring a negative test from all passengers prior to boarding a flight or arriving at a land border, limiting the number of international entry points, and instituting new testing and quarantine measures upon arrival, but more must be done. To protect the lives and well-being of our citizens, to ensure the health system is not further stretched, and to give time for the vaccine roll-out to protect the people Canadians, we need to [sic] the federal government to further strengthen measures at air and land borders.”

Arrival by Air vs. Land Border Rules

At this point, only air travellers into Canada are subject to the hotel quarantine requirement whereas travellers by land are not subject to the hotel quarantine. This has led to Canadians exploiting the loophole. Instead of flying directly into Canada, travellers coming to Canada are flying into the United States to border cities like Buffalo and crossing the border by land in order to avoid the hotel quarantine. The hotel quarantine rule has been controversial due to the costs to individual travellers, but it continues to be enforced as more than 200 travellers have been fined since the onset of the rule. The fine for violating the hotel quarantine requirement is $3,000, according to the Public Health Agency of Canada.

Ontario Restricts Interprovincial Travel

Regarding borders within Canada, last week Ontario announced that it would be prohibiting non-essential interprovincial travel into the province. This interprovincial border regulation is to be achieved by setting up checkpoints at the borders with Manitoba and Quebec. Internationally, it was announced on April 21 that the border between Canada and the United States will remain closed to non-essential travel with the same restrictions until at least May 21. The restrictions have been and will continue to be updated month to month, so be sure to continue to look out for announcements regarding the situation.  The border is likely not going to open to non-essential travel anytime soon, as the most optimistic projections have the border opening late this summer. 

Just this week, the province has also asked the federal government to require mandatory PCR testing for anyone travelling by air to Ontario from other parts of the country.

International Flight Restrictions: India and Pakistan

When it comes to international travel, the Premiers of Ontario and Quebec were not the only voices encouraging a reduction in travel as many were calling for a suspension of flights to countries that are struggling with fighting COVID-19 variants, such as India and Brazil. Other countries, like the U.S. and the U.K, have banned flights from Brazil and India in recent weeks.

Now, Canada has followed suit by banning passenger flights into Canada from India and Pakistan for 30 days. The restriction started on April 22, and data shows that people travelling from India have made up 50% of the positive COVID-19 tests gathered from air travellers, despite India only accounting for 20% of the travel into Canada. At this time, there are no direct flights from Brazil into Canada, and the Canadian government has indicated it will not hesitate to ban further commercial flights if there is data to support banning those flights. It is likely this ban will remain in effect for longer than 30 days, so if you are looking to travel to any of the impacted areas, make sure to keep updated on the situation to see when the ban will be lifted.

Contact Garson Immigration Law in Toronto for COVID-19 Travel & Immigration Requirements

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are experts in successfully guiding clients through the immigration process. 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.

Non-essential travel between Canada and the United States has now been restricted for over a year, as the first regulations went into place on March 21, 2020. The status quo has been the two countries agree to extend the restrictions on a month-to-month basis, and that has continued to the present day, as the border is set to be closed through April 21, and almost certainly will be closed until at least the summer. Currently, there is no concrete plan between the two nations for when to open the border, although some United States Senators from border states have asked the President for a plan to reopen the border, in gradual phases tied to public health metrics.

Vaccine Passports

Public health measures will likely play a large role in international travel for the foreseeable future, Countries will be monitoring not only their own vaccine rates but the vaccine rates of other countries in order to determine where their citizens will be able to travel. In fact, Canadian Federal Health Minister Patty Hadju has been in discussions with health officials from other G7 countries (France, Germany, Italy, Japan, United Kingdom, United States) regarding the need to coordinate the development of vaccine passports. Speaking about the issue, Minister Hadju said:

“We are having those conversations about what international travel might look like, and what kinds of criteria would need to go into any kind of vaccination certification process, and how we deal with the equity issues that will likely arise as a result of inequitable access to vaccination globally.”

For those who may be unaware, a vaccine passport is a document that shows that someone has been vaccinated for a specific illness. This concept is not novel to the novel coronavirus pandemic, as vaccine passports are already in use by some countries to ensure inoculation against illnesses like yellow fever or polio. The individual countries in the G7 have been developing their own proof of vaccine systems, as the United States announced it would be looking into a way to standardize evidence throughout the country that Americans had been vaccinated. Further, the European Union has its own version, called a Green Certificate that certifies that the holder has either been vaccinated, tested negative for COVID-19, or has recovered from COVID-19. Right now, Canada does not have a vaccine passport plan, although it is being considered by the Canadian government, particularly for international travel.

Potential Privacy Concerns

There is some discussion about the necessity of having vaccine passports within Canada, as there concerns about privacy and ethics regarding the use of such documents. Regardless of whether someone agrees with the policy, it may not matter whether the policy moves ahead in Canada. If other countries decide that a vaccine passport is required for entry, there will likely be few exemptions to that rule, and travellers will need to have a valid vaccine passport in order to enter those countries. One potential benefit of having vaccine passports would be allowing the holder to avoid quarantine in some jurisdictions and even countries if they are able to show they are vaccinated upon entry.

As of right now, there has not been an agreement that vaccine passports will be required for travel as countries are still discussing the issue. Discussions are still ongoing, and restrictions may be on a country-to-country basis. If you are planning to travel internationally in the near future, be sure to be on the lookout for these new regulations.

Contact Garson Immigration Law in Toronto for COVID-19 Travel Concerns

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the various immigration processes in Canada and the U.S. 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.

We have previously reviewed the new travel requirements for those looking to enter Canada at land borders and by air travel. As the new restrictions were announced, they ruffled a lot of feathers, especially among Canadians currently in the U.S. for the winter months. With air travellers required to quarantine at hotels for three days, at an estimated cost of approximately $2,000 per person, many were looking at how they could cross at the land borders instead.

Now that the protocols are in force, we are starting to see instances of both enforcement and of people ignoring the rules. Below, we’ll discuss what is happening at both Canadian airports and land borders when people are not in compliance with the regulations.

First Instance of the New Travel Rules Being Enforced at Land Border

By now, it is well known that travel between Canada and the United States is discouraged, and really only available to those who are deemed “essential” by both governments. Now, a negative COVID-19 test is required to cross the land border, and even many essential workers are expected to adhere to the new rule. Failure to comply with the new rule could result in a fine, and we have our first example of someone being fined for the failure to comply, as a Windsor man who often crosses the border for work came back to Canada without a negative COVID-19 test result in hand. He was fined $3,755 for failure to comply with the required proof of a negative COVID test. Although the traveller has a valid E-2 visa, he was still fined and labelled as non-essential by CBSA because he does not cross the border every day. Let this serve as a cautionary tale if you are planning to travel, as the rules are being strictly applied.

Land Border Closure Has No Estimated End Date

March 21 will mark one year since the border between Canada and the United States was closed to non-essential travel. The United States Secretary of State has recently made comments refusing to put a time stamp on opening the border, indicating that the United States will be following the science in order to inform its decision as to when to open the border. So for the foreseeable future, the land border will remain closed to non-essential travel.

Air Travellers Openly Flaunting Quarantine Rules

When the new rules were announced mandating a three-day hotel stay for international air travellers while people are tested and awaiting results, it caused quite a stir. As we wrote about previously, many of those who are currently in the U.S. for the winter began looking for ways to avoid the new requirements. Some considered the option of flying into a U.S. airport close to the border and crossing by foot since the same requirement is not being imposed at land borders.

Since the rule took effect, people have begun reporting that many travellers who landed at the four airports accepting international fliers are simply ignoring the requirement. Some travellers have pointed out that they see little point to the rule in some cases. Speaking with the National Post, one couple returning together from India said that they live together, with nobody else in their home. Under the rules, they have had to book three nights in an approved Toronto hotel, together, only to return to a house where there are no other people. For those who live alone, or only with the people accompanying them abroad, they see little point in the interim arrangements.

At Pearson International Airport in the GTA, police have indicated that they are empowered to charge individuals at the airport, they don’t have the manpower to stop every person trying to skirt the rules by walking out:

Unless there are some serious or aggravating circumstances where the public safety is at risk, we are not … detaining individuals who are not complying with the regulations under the Quarantine Act.

Overseeing enforcement of the rules overall is the Public Health Agency of Canada (PHAC), which is working to identify and fine those who skirt the rules. People who deliberately ignore rules under the Quarantine Act could face fines of $1,800 per day or a maximum penalty of $750,000 and/or six months in prison. PHAC says it is aware that some people have left airports without reporting quarantine plans and is looking into the incidents.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are looking to travel, make sure you qualify as essential or prepare an exemption request. Depending on where you are going, you may also need a 14-day quarantine plan. If you have questions about where you can travel, please do not hesitate to contact us.

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.

As we have written about the past few weeks, the effects of the pandemic on Canada’s airlines are starting to show, as there have been widespread cancellations of services and layoffs in response to the drastically reduced number of travellers since March of 2020. It was just announced that WestJet is temporarily suspending service to four Canadian airports from March 19 to June 24 due to a lack of travellers. The affected airports are St John’s, London, Lloydminster, and Medicine Hat. For Canadians who need to travel, the options are becoming increasingly limited. Be sure to stay aware of the availability of airline service in your area if you are planning to travel in the future, as conditions are constantly changing at this time.

Private Testing Presents Possible Issues for Travellers

With the introduction of policies that require mandatory COVID-19 testing for both air and land travellers, Canadians have been increasingly in need of timely COVID-19 testing, and some have started to seek out private COVID-19 testing options when public ones have been unavailable. The price for private COVID-19 tests is highly variable as they can range from $160-1200 depending on where you are located, and which company administers the test. There is concern amongst the healthcare community about the regulation of private tests because of the rapid growth of the testing industry, and a possible difference in standards between the companies.

With at least 15 private companies in addition to the government providing COVID-19 testing services, there is sure to be some variation across the industry. Some companies are even starting to offer in-home testing, for an increased fee. A problem that some users of these private companies have been facing is false results, both positive and negative. A false negative means that a person travelling on a plane based on the test’s assurances can unknowingly put many individuals in jeopardy. A false positive means that a traveller will be prohibited from boarding a plane or crossing a border without real cause. With the new mandatory testing regulations at the border, if you are planning to travel it is worth thinking about where you are obtaining your COVID-19 test in order to ensure that the result is reliable.

New Snowbird Travel Strategy

At the beginning of the winter, many would-be travellers to warmer climates down south found ways around the border regulation in order to reach their yearly vacation spots in the United States. Now, with the new hotel regulations for returning Canadians, travellers are again looking for ways to make their trip less burdensome. The new regulation by the federal government stipulates that travellers returning to Canada by air may have to spend up to three days at a designated hotel as part of the 14-day quarantine requirement. This hotel stay could be pricey, as the government has warned it could upwards of $2,000 dollars per person.

Naturally, travellers want to avoid this potentially high bill, so again they are looking for loopholes. What some travellers are planning on doing is flying to airports just south of the border, being driven to the border, and then walking over the border in order to avoid the mandatory hotel stay. After crossing the border, some will have had a car left for them close by or will have family pick them up to make their way home to quarantine there.

It is unlikely that the same hotel stay requirement will be imposed at land borders. The reason why the policy is feasible for air arrivals is that all international flights are going into four major airports, which enables the government to ensure that arriving passengers check into nearby quarantine hotels. The land border contains 117 different points of entry, so a hotel rule would be much harder for the government to enforce. Still, the government cautions against non-essential travel and regulations can change at any point, as we have seen since last March.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are looking to travel, make sure you qualify as essential or prepare an exemption request. Depending on where you are going, you may also need a 14-day quarantine plan. If you have questions about where you can travel, please do not hesitate to contact us.

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.

Last week, we discussed the upcoming addition to the travel regulations affecting those arriving in Canada by air. This week we will provide updates on additional details surrounding the air travel requirements, as well as new measures to be implemented for those crossing into Canada by land.

Trudeau Confirms Details Regarding Air Travel Restrictions

Prime Minister Justin Trudeau recently confirmed more details about the mandatory hotel stay that has been anticipated. Beginning Monday, February 22, all air travellers (with limited exceptions) will be required to take a molecular COVIS-19 test upon arrival in Canada. This is in addition to the current requirement that all flight passengers must obtain a negative COVID test result within 72 hours prior to boarding any incoming flight to Canada. All international flights will be required to land at one of four airports in the country (Montreal, Calgary, Toronto and Vancouver).

Prior to arrival, each passenger must make arrangements to stay at a government-approved hotel while they await their test results, at their own expense. The stay should cover a period of at least three days. Once a negative test result has been confirmed, travellers will be allowed to quarantine at home or at the location specified in their quarantine plan.

Anyone who receives a positive test result will be reloactted to a designated government facility for further quarantine and to monitor for any potential variants of COVID-19.

Mandatory COVID-19 Tests for Those Entering Canada by Land

It was further announced this week that people crossing at the land border with the United States will now need to have taken a COVID-19 test within 72 hours of seeking entry, effective February 15. This comes on the heels of the aforementioned rule for air travellers, so it seems as though the government is really cracking down on travel, almost a year into the pandemic.

It should be noted that it is not permissible to refuse entry at a land border to a Candian returning home. Canadians and permanent residents abroad will still be able to come home, even without a negative test. However, should you show up at the border without having undergone the required test, you may face penalties, including a fine of up to $3,000 per person. There are certain exemptions to the new testing requirements. For instance, they will not apply to truck drivers and nurses in order to ensure supply chains, essential services and support for critical infrastructure remain unharmed.

All these changes have ruffled the feathers of snowbirds who are currently waiting out the winter in the United States. However, throughout the pandemic, the government has repeatedly cautioned against non-essential travel and has particularly warned that the rules and regulations regarding travel could change at any time. Anyone who made the decision to leave the country in the past few months should have been aware that there was a risk of stricter regulations being put into place by the end of the winter.

Regardless, the new regulations will put some snowbirds in a bind, as if you stay in the United States for more than 182 days of the year, you can lose your Canadian health insurance, and you may have to file United States taxes for the year. In addition, it’s ulikely anyone anticipated having to incur a cost of approximately $2,000 for a mandatory hotel stay upon arriving home. Those who are already out of the country may want to consider making arrangments to arrive home by car instead of by air, if possible.

Screening Officers to Monitor Compliance with Quarantine Requirements

To ensure compliance with the new measurements for all travellers, the federal government, through the Public Health Agency of Canada, is training security companies and their employees. These employees will be authorized as Screening Officers under the Quarantine Act and will visit quarantine locations to “establish contact, confirm identity and confirm that travellers are at the place of quarantine they identified upon entry to Canada”.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are planning to travel, make sure you qualify as essential or prepare an exemption request. Depending on where you are going, you may also need a 14-day quarantine plan. If you have questions about where you can travel, please do not hesitate to contact us.

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.

The federal government made two major announcements recently that will have a significant impact on Canadians looking to escape the cold and on anyone flying into Canada from another country. In an attempt to reduce COVID numbers, some major airlines will be restricting their lists of destinations and incoming travellers will be facing increased expense and quarantine protocols.

Airlines Suspending Travel to Vacation Spots

Bad news for would-be travellers as four of Canada’s major airlines have agreed to suspend service to Mexico and the Caribbean as of January 31. The airlines involved are Air Canada, WestJet, Sunwing and Air Transat. All four airlines agreed to the measure in order to slow the spread of COVID-19, which may be partially related to vacationers returning to Canada after unnecessary travel.

The suspension is set to last until April 30, when it will likely be lifted as the weather in Canada becomes warmer. If you are in Mexico or one of the impacted Caribbean countries already, the airline you had originally booked your flight with will help to arrange a way home for you so you will not be stuck.

The suspension of flights will cause a great economic blow to the impacted countries, as many of them rely on tourism for a significant portion of their annual revenue. For example, Jamaica’s tourism minister estimates that Jamaica is set to lose $449 million as a result of the change. Further, some of the countries involved in the suspension have implemented similar testing and quarantine requirements in order to comply with Canadian and American regulations, so they feel that the suspension of flights has come at the worst possible time. With no mass suspension of flights to the United States, would-be travellers to the Caribbean and Mexico are choosing instead to visit America for a warm vacation. However, Canadians travelling south will all be subject to the new entry regulations that are being put into place, should they decide to fly home.

Mandatory Hotel Stays Upon Entering Canada

The airlines suspending service to certain destinations come comes amidst new regulations regarding mandatory hotel stays for all air travellers arriving in Canada. The new regulations were announced on January 29 and will be put into effect soon. Under the new regulations, international flights will only be able to land at four selected airports across Canada; Vancouver International Airport, Calgary International Airport, Toronto Pearson Airport and Montreal-Trudeau Airport.

The government is still reminding prospective passengers that travel is restricted for non-essential purposes. However, if you have an essential purpose, or fit under one of the exceptions, you will be subject to the new regulations upon arrival. All travellers entering Canada by air, with limited exceptions, will be required to undergo a three-day hotel stay before moving on to their quarantine destination. Upon arriving at one of the four airports, travellers will undergo molecular COVID-19 testing at the airport, and then will be required to head directly to a hotel to await the results.

Travellers must remain in their hotel rooms and will be responsible for all associated costs, including the cost of the hotel room, food, security, infection control and transportation. Travellers will only be permitted to leave the hotel once they have done the following:

• received a negative test result from their on-arrival molecular test, and
• demonstrate that they have a suitable quarantine plan.

Once the hotel stay is done, travellers still must complete the rest of the mandatory 14-day quarantine in a suitable location. The acceptable hotels will be government-approved and near an airport so if you are planning to travel you will be able to see before you arrive where you can stay. Some are estimating the cost of the hotel stay and all the associated costs could end up costing travellers around $2,000 for the three days. This adds a significant amount on top of the cost of flights. It is worth noting that travellers still need a negative test prior to boarding a flight to Canada, despite the new regulations requiring a test upon arrival.  These new regulations will make it significantly harder for anyone to fly into Canada, because of the prohibitive cost and waiting periods.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are planning to travel, make sure you qualify as essential or prepare an exemption request. Depending on where you are going, you may also need a 14-day quarantine plan. If you have questions about where you can travel, please do not hesitate to contact us.

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.