Categories
COVID-19 Immigration & Travel Issues

Reunited and It Feels So Good

At the outset of the pandemic in March of 2020, the Canadian government restricted all non-essential travel in and out of the country. Unfortunately for many Canadians, the border restrictions resulted in some families being separated for months. Approximately six months after closing the borders, the Canadian government expanded compassionate border exemptions, allowing families to finally reunite with their loved ones after the long period of separation.

IRCC Increases Capacity to Process Spousal Applications

Since the inception of the compassionate border exemptions, the federal government has made significant progress in helping to reunite Canadians with their foreign spouses. In order to ensure the compassionate border exemptions worked efficiently, 66% more staff were deployed in order to handle spousal sponsorship applications. The goal for Immigration Canada was to process 18,000 applications between October and December 2020. Overall, just under 16,000 cases were settled in the period between October and December, with just under 15,000 successful applications.

Despite assigning extra staff to spousal sponsorship cases, expediency in resolution should not necessarily be expected, as Immigration Canada is still adjusting to the current situation. The average processing time for a spousal sponsorship before the onset of the pandemic was 12 months, and now the waiting period is even longer. The processing time currently is 17 months for applications from overseas and 15 months for applications coming from in Canada. However, it is possible that this waiting period will become shorter, as Immigration Canada has announced that it is set to introduce a project in order to digitize paper applications. There is a further effort coming to use online technology in order to conduct interviews online with applicants, rather than requiring they take place in person as they used to be before the pandemic. These two changes could streamline the process, but it is still unclear how soon the efforts will be felt, given the current significant backlog.

Additional Foreign Travel Restrictions May Also Impact Family Reunification

Despite the Canadian government program, it may be difficult for some families to be reunited. This week, Air Transat announced that it will be suspending all flights out of Toronto for the rest of the winter. If you have a flight booked with Air Transat that was cancelled, you will be eligible for a full refund. If you are currently abroad and impacted by this change, you will be automatically rebooked on another flight. Air Transat flights from Montreal to a few destinations will still be available, but for most travellers, choosing another airline will be necessary in order to reach your destination.

Another negative development for families trying to reunite comes directly from prime minister Trudeau. Last Tuesday, Trudeau made some comments regarding the current travel regulations, saying that Canada is looking at improving the measures already in place in the face of the new COVID-19 strains that are present in other countries. The Prime Minister further said that he would advise Canadians to cancel any plans they may have booked. These warnings come amidst a finding that more than 200 Canadian flights have had confirmed cases of COVID-19. However, the incidence of COVID cases contracted because of international travel is small, as it is estimated only 1.4% of the total COVID cases in Canada have come from travel.  Despite the seemingly low incidence, the federal government is not taking any chances. We will be sure to see more regulations in the coming weeks, so make sure to keep up to date with the changes if you are planning on travelling.

If you are curious as to whether you or a loved one qualifies under a compassionate exception, be sure to visit the government website in order to clarify whether or not travel into Canada will be allowed in your situation.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are planning to travel or have a loved one travel to Canada, make sure you understand the ever-changing criteria and restrictions. 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.

Categories
COVID-19 Immigration & Travel Issues U.S. Immigration News

Joe is not Biding his Time on Immigration and Travel Changes

On January 20, 2021, Joseph R. Biden officially assumed the office of the President of the United States. Changes by any new administration are of course to be expected, but the new president is wasting no time and has hit the ground the running. Following being sworn in, Biden immediately went to work signing 15 executive orders, undoing many policies that were put in place by the previous administration. Two pertinent orders relate to immigration in the U.S., including halting the funding and construction of the border wall between Mexico and the United States and a reversal on the travel ban that limited travel between the United States and certain Muslim-majority countries.

Changes Affecting Canadians Looking to Travel to the U.S.

Biden also made some changes that will impact anyone who wishes to travel into the United States. On Thursday, an executive order was signed which requires all travellers into or within the United States, whether by plane, train or bus, to wear a mask while in transport. Although many travellers already wore a mask while on public transportation, the federal mask mandate made by the president will make it easier for airlines and other travel officials to enforce these protocols among their passengers.

In accordance with the Center for Disease Control and Prevention (CDC) guidelines that suggest international travellers quarantine for seven days upon arrival to the United States, Biden signed another executive order on Thursday that mandates that travellers must comply with CDC orders regarding quarantine. Similar to the rule recently implemented for travellers entering Canada, as of Tuesday, January 26, international travellers must receive a negative COVID-19 test within three days prior to arriving in the United States in order to be allowed entry into the country. There may be further health measures that are implemented in the coming weeks, as the president has indicated to several United States agencies to commence diplomatic outreach to Canada and Mexico in order to establish health protocols for ports of entry between the countries.

The Canada-United States border is still officially closed to non-essential travel and is likely to remain that way for the foreseeable future. However, there could be some news sooner than later, as prime minister Trudeau and president Biden are scheduled to have their first call as heads of their respective states today, Friday, January 22. Foreign Affairs Minister Marc Garneau said that Canada plans to engage the United States in talks about the COVID-19 vaccine as well, so there could be positive news on that front coming soon as well.

Path to Citizenship for Agricultural Workers in the U.S.

Another interesting immigration development from the early days of the Biden administration comes as part of a proposal for an immigration reform bill that will be presented to Congress. The bill would award permanent residencies to farmworkers and create a fast track to citizenship to those impacted by the bill. To receive permanent residency, temporary agricultural workers who have spent at least 100 days in four of the last five years working in the United States as part of the H-2A visa program would be eligible for residency as long as they pass a criminal background check. Over 200,000 H2-A visas are issued each year, the majority to Mexican citizens.

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 require a carefully-timed COVID-19 test as well as a 14-day quarantine plan. If you are travelling to the United States, be sure to keep up to date on the regulations as they are expected to evolve over the coming weeks. 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.

Categories
COVID-19 Immigration & Travel Issues

COVID-19 & Travel in and Out of Canada: Updates

There have been a number of updates and developments with respect to travel to and from Canada in the past week. Below, we touch on a number of issues, from the border closure to a new development at Pearson Airport that may allow more travel into the country.

Border Closure Nears 1-Year Anniversary

As expected, it was announced on Tuesday that the Canada-United States border is to remain closed to non-essential travel until at least February 21. The announcement and extension of the closure marks almost 11 months of restrictions at the border, as the border was first closed in March 2020. The closure announcement comes amidst new restrictions in some provinces, such as Ontario and Quebec. Last week, Quebec announced an essentially province-wide curfew that requires residents to be in their homes from 8 p.m. to 5 a.m. every night. The curfew order is set to last until at least February 8. This week, Ontario announced that there will be a stay at home order in place effective starting this Thursday, January 14. The stay at home order will require everyone to stay home with exceptions provided for essential purposes, such as grocery shopping, accessing health services or doing essential work. The order will be in place until at least February 11. Under the order, local and provincial police will have the power to ticket those who do not comply with the stay at home order.

Vaccination Program Faces Supply Issues

At the moment most people are focused on vaccination as the key to reopening borders, and restarting immigration at full capacity. Although the rollout of the vaccines has been slower than expected thus far, Canada is expecting to start receiving 1 million vaccine doses a week this coming spring. This means that 20 million Canadians could be fully vaccinated between April and June 2021, more than half of Canada’s total population. As of today, January 15th, the federal government announced a delay in receiving stock of the Pfizer vaccine, however they expect the company to make up for the delay by the end of March. Further, there are new vaccines that are currently be considered by Health Canada for approval from AstraZeneca and Johnson & Johnson. If one or both of these vaccines are approved, it could make the vaccination process happen even faster. 

The US Restricts Air Travel From Canada

Canadian provinces are not alone in enacting stricter COVID-19 regulations, as the United States announced some stricter travel regulations this week. Although the border between Canada and the United States is closed to non-essential travel, Canadians have still been able to fly into the United States for non-essential purposes with little to no regulation. Now, it has been announced that as of January 26, all Canadians travelling to the United States will have to present proof of a negative COVID-19 test taken within 72 hours of their boarding time. Province by province availability and cost of asymptomatic COVID-19 tests varies, so make sure to ensure that you are able to secure testing if you plan on travelling to the United States. Health experts still caution against non-essential travel, so if you are considering travel, make sure to weigh the risks before you make a final decision.

New Rapid Testing Program at Pearson Airport

More positive news regarding air travel has come out recently on our side of the border. Pearson International Airport has announced a new rapid COVID-19 testing program from international travellers as part of the Arrivals Testing Pilot Program. The program started on January 6, and international travellers will be offered COVID-19 testing at the airport. This testing program comes in addition to the requirement that travellers coming to Canada must submit a negative COVID-19 test taken within 72 hours of departure. Travellers flying domestically are not eligible to participate in the program. Travellers can pre-register to be tested or can sign up upon arrival at Pearson. People who take part in the program will still have to quarantine for 14 days upon arrival to Canada, even if they do test negative. The aims of the program are to add an additional layer of protection, as well as to help inform the development of future testing programs for broader implementation to support the eventual safe reopening of borders.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are trying 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.

Categories
COVID-19 Immigration & Travel Issues

Jet-Setting Snowbirds Look to Skip Vaccine Queue

As the holidays come to a close, many families are in the process of readying their children for a return to in-person classes. However, this preparation may have been premature for some as Ontario announced on Thursday that it would be extending online learning for some elementary students until January 25 at least. This news comes amidst Ontario reporting a record-high number of new COVID-19 cases on Thursday and Friday, with 3,519 and 4,249 cases reported respectively. The postponement of in-person classes will not impact some northern Ontario public health unit regions, which will return to classes as planned on January 11. Ideally, teachers and students would be vaccinated before classes resume, however, the rollout of the vaccine has been slower than expected, so it is unclear as to when a majority of the population will be inoculated.

Some Senior Canadians Travelling to the U.S. for Quicker Vaccine Access

Regarding vaccinations, some Canadians have taken an interesting approach in order to ensure they are vaccinated. Despite the border with the United States being closed to non-essential travel, many Canadian snowbirds still elected to head south for the winter, as Canadians are allowed to fly into the United States for non-essential reasons. Now, even more people are choosing to head south because of a change in Florida’s vaccination plan.

Florida adjusted its vaccination plan last month to include non-citizen seniors aged 65 and older. The only requirement to receive the vaccination is to show identification. The shots are also being given at no cost, despite the privatized nature of the American health care system. This change in policy has led to long lineups and difficulties booking vaccination appointments in the state, but for Canadians who are in Florida who would otherwise be eligible for the vaccine at home, it is encouraging to know they can receive it abroad at no cost. Another popular snowbird destination state, Arizona, also confirmed that snowbirds will be eligible to receive the vaccine at the same time as local residents in the same age and health category.

The new vaccination rules in the United States have led to some people being more willing to travel. A company that charters private jets confirmed that around 20% of their passengers were flying to Florida in order to receive the COVID-19 vaccine and that inquiries into their service have increased since mid-December. Flying with a company that charters private jets is certainly safer than flying publicly, as they require a negative COVID-19 test before takeoff, but it is a prohibitively expensive plan for most, as seats range from $2500-4000.

Prepare for Challenges if Flying Out of the Country

Some people may find value in travelling in order to receive the COVID-19 vaccine first, but travel insurance companies still advise against travelling during the pandemic. This recommendation comes again amidst increased requests for travel insurance as more Canadians are presumably looking to travel. Insurance broker Martin Firestone explained why Canadians looking to travel for a vaccination should be concerned about travelling to the United States:

My biggest concern is not the plane or getting COVID on the plane, my worry is access to the hospital down there once you’re there for the things that always went wrong and that’s why you bought travel insurance — broken hips, car accidents, stroke, heart attack.

Of course, if you are looking to travel, it is essential you have insurance, and that insurance covers COVID-19 complications. Many insurance companies now do cover COVID-19 complications as part of their plans, but hospital access in the United States may be limited in some areas, so make sure to evaluate the risks before you make any plans.

Of greater concern might be returning to Canada after you leave. The country recently announced new requirements for all air travellers to obtain a negative COVID test prior to boarding a flight into the country. This has left some Canadians stranded as they wait for a test, and the results, which can take several days to obtain.

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.

Categories
COVID-19 Immigration & Travel Issues

New Year, New Travel Restrictions

With 2020 in the rearview mirror, some may expect that Canada’s current travel regulations are due to ease up, especially as the number of vaccinated Canadians begins to rise. However, the Canadian government remains persistent in its efforts to contain the spread of COVID-19. On December 30, Ottawa announced some new regulations pertaining to air travel. The changed regulations will make it so that air passengers that are entering Canada will need to provide proof of a negative COVID-19 test before their arrival in Canada. Would-be travellers coming to Canada must receive a negative PCR test within 72 hours of boarding a plane to Canada.

It is currently not known when this new policy will be implemented, as government officials declined to specify the date of inception for the policy, however, they did state that the regulation would be put into place quickly. Public Safety Minister Bill Blair also made sure to mention that this new measure will coexist with, rather than replace, the current 14-day mandatory quarantine period upon arrival to Canada. As a result of the new policy, the Canadian Border Services Agency will have an increased presence at airports all over the country to tell travellers about the mandatory quarantine rules and the consequences of the failure to follow the rules.

The Canadian government has been consistent in warning against non-essential travel outside of Canada during the pandemic. It is estimated that two percent of the total COVID-19 infections have been brought into Canada from other countries. Despite the seemingly low numbers of COVID-19 infections that originate from abroad, the new regulation should help to curb the spread of the virus.

New International Restrictions

In response to the new COVID-19 variant that was discovered in the United Kingdom earlier this month, many countries around the world are implementing new regulations in order to control their borders. For example, this week the Philippines enacted a travel restriction against 20 countries barring travellers from those countries from entering the Philippines. Canada was included as one of the countries on this list, so Canadians will not be able to travel to the Philippines until at least the middle of January. Travellers who were in transit to the country when the ban was enacted will not be barred from the country, however. This travel ban comes after the Philippine government prohibited the entry of all travellers following the discovery of the new COVID variant.

Another country with new travel regulations is Japan. Reacting even more severely than the Philippines, Japan has banned entry to travellers from all countries in order to curb the spread of the COVID-19 pandemic. The ban is set to continue until at least the end of January. Japan had previously banned entry to most countries around the world but was allowing students and business professionals to enter in a limited capacity. Now, those exceptions seem to be gone for the time being, as the country is concerned about the new COVID-19 variant.

The new COVID-19 variant appears to be more transmissible than the original virus as a result of some mutations to the virus. The variant has been confirmed to be present in Canada, and although it is more contagious, it is not necessarily more dangerous. However, given that the new variant is more easily transmitted, it is important now more than ever to heed the government’s health advice in order to stay safe.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are trying 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.

Categories
COVID-19 Immigration & Travel Issues

Canada Launches Campaign Discouraging Foreign Travel

Canada’s COVID-19 Vaccine Program Ahead of Schedule

Some good news came out from Health Canada just in time for the holiday season, as it was officially announced that Health Canada had approved the Moderna COVID-19 vaccine. This news came following United States approval of the vaccine, and Health Canada’s earlier approval of the Pfizer-BioNTech vaccine. Approval of the two vaccines means that the first set of doses were delivered earlier than expected.

Canada is expecting to acquire 1.2 million doses of the vaccines by the end of January, and the government is pushing to acquire even more doses by working with both Moderna and Pfizer, with the number of doses received expected to rise throughout the winter. A massive advantage of Canada approving the Moderna vaccine is that it can be stored at -20 °C, rather than the -60 to -80 °C required for the Pfizer vaccine. This means that more facilities can store the Moderna vaccine without necessitating specialized equipment.

Federal Government Warns Against Travel Amid Increase

Despite the seemingly positive future outlook on the virus, the Canadian government is still worried about its citizens. The government recently launched a new advertising campaign that implores Canadians not to travel during the COVID-19 pandemic. The campaign targets “snowbirds” who generally travel south for the winter, detailing the risks of travel during the pandemic. The ad campaign is set to run until March, as the Canadian government is still heavily cautioning against non-essential travel. This campaign comes amidst record-high numbers of new infections in some provinces, such as Ontario. Further, as airlines report an increase in travel for the holiday season, the infection rate could grow even higher.

The Canadian government also recently banned travel from the United Kingdom, as there was a new variant of the COVID-19 virus recently discovered there. This ban is indicative of how quickly the rules for travel can change, which is another point of caution for those who are looking to travel. Changing travel rules could leave Canadians stranded in a foreign country for an extended amount of time if a new ban is imposed while they are abroad. The reality of the situation is that things are still extremely fluid, and travellers cannot count on the regulations to be consistent from the time they leave the country to their planned return. Further, those who do leave Canada should be sure they have adequate travel insurance to cover them in the event they require medical attention while abroad.

Public Health Reports Over 1300 Flights With COVID Exposure Since September

Underscoring the risk of travel is the number of flights that have had potential COVID-19 exposure. According to the Public Health Agency of Canada, more than 1,300 flights since the beginning of September have either landed or taken off in Canada with potential COVID-19 exposures. This includes at least 200 flights in the past two weeks. Flying in order to visit family members during the holidays or escape to a warmer climate creates a risk of infection. Even if the risk of infection from flying is small according to chief public health officer Theresa Tam, non-essential travel is still not recommended.

If you must travel, Transport Canada recommends the Via Rail system as an alternative to flying, as they have limited seating to 58% of normal capacity in order to provide safe and effective service. Between March 1, and December 1 of this year there were only 31 possible exposures of COVID-19 onboard Via Rail trains, so it appears that travelling by train may be a safer option than flying if you must travel. Although it has been a tough, strange year, and everyone now more than ever could use some relaxing holiday time, it is still not the best idea to travel in the immediate future. If you have already made the decision to travel, perhaps consider choosing less risky alternatives to flying in order to reach your destination.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are trying 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.

Categories
COVID-19 Immigration & Travel Issues

The COVID-19 Vaccines and Travel

As the holiday season approaches, the spread of COVID-19 in Canada has continued to worsen. Hospitals in Ontario called on Premier Ford to lock down COVID-heavy red tier regions of the province, as there were record-high case counts and hospitalizations this week. However, despite the calls for a lockdown, Ford has not committed at this time to an increase in the restrictions already in place. The Ontario Hospital Association called for new shutdowns in a statement made to the media:

“Ontario remains firmly caught in the grasp of a major second wave of COVID-19. Daily infection is now above 2,000 new cases per day. Hospitalization is increasing rapidly, as is the occupancy of intensive care units.”

There is concern that Canadians will flout the current public health measures and congregate for holiday gatherings, which in turn will cause a higher spike in cases following the holiday season. The government is urging to Canadians to follow public health guidance in order to help prevent the spread of COVID-19.

Vaccine News – Hope for Positive Change?

Despite the rise in infections in Canada as a whole, there has been some positive news on the vaccine front. According to the Public Health Agency of Canada, Canada expects to have enough doses of the COVID-19 vaccine to inoculate every Canadian who wants to be vaccinated by the end of September 2021. This week, the first vaccines arrived, and Canadians are starting to receive them. However, the rollout of the vaccines is expected to be slow for the first few months of 2021 while production of the vaccine ramps up.

Do the Vaccines Mean Global Travel is Imminent?

As the vaccine is just being rolled out, it seems as though the Canada-US border will remain closed to non-essential travel until well into 2021. The Canadian Border Services Agency announced this week that the border closure has been extended until January 21, 2021, officially closing the border until at least that date.

Even once most Canadians are vaccinated, it is likely that there will still be travel restrictions. The Canadian government is concerned with allowing travel to nations that do not have access to the vaccine. According to an investigation done by Reuters, some poorer nations around the world will not have access to the vaccine until 2024, as “rich countries” with 14% of the world’s population have secured 53% of the available doses. If other countries are not vaccinated, the Canadian government could restrict travel to those nations until they either have access to the vaccine, or they have negligible levels of COVID-19 cases in the country in question.

Logically it may follow that if you are vaccinated, you do not need to worry about contracting COVID-19, so travel should be allowed to every country. However, at this point, the government is unsure of the absolute efficacy of the vaccine, such that it may be possible to become infected even after vaccination. Policies could change as more studies are done on the effectiveness of the vaccine. So in essence, the possibility of Canada opening its borders hinges less on our internal vaccine efforts and more on a global vaccination effort. This may bode poorly for those looking to begin travelling again once vaccinated, as it seems our borders could remain effectively closed well into 2021.

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.

Categories
COVID-19 Immigration & Travel Issues

Snowbirds Changing Travel Plans in Face of COVID-19

As we near the end of November, the many Canadians who are used to travelling to the warmer parts of the United States at this time of year have to make a decision as to whether or not to make the trip south for the winter. At this point, the Canadian-U.S. border is closed until at least December 21, and is likely to remain closed to non-essential travel well into the new year because of rising COVID-19 infections. Some may not realize that, despite the border being “closed”, Canadians are permitted to fly into the United States, even without essential status. Therefore, it is possible for Canadian snowbirds who travel to the United States every year to escape the winter to continue their tradition and make the trip south.

However, for those who are used to driving across the border to make use of their own car, trailer, or RV, there are options for them to be able to have their vehicle with them in the United States, despite not being able to cross the land border in their vehicle.

Snowbird Travel Expected to be Down Significantly This Year

According to a poll conducted among regular Canadian snowbird travellers in early November, only around 30% of snowbirds planned on moving ahead with their regular travel plans this winter. Of the remainder, 25% were still undecided, and nearly half of snowbirds had decided against travel.

When asked for their top reasons for rejecting the decision to travel down south, unsurprisingly, nearly 90% cited the risks of infection. While safety was clearly the primary concern, nearly 2/3 of respondents cited the fact that they cannot drive across the border. Some of these respondents no doubt preferred to drive to avoid the risks of flying with strangers, however many are accustomed to having their vehicles at their disposal while away, and for some, the vehicle may be essential to their plans, in cases where the vehicle is an RV. For those who have halted plans to travel due solely to the border closure, there may be an option to legally skirt that restriction.

Options to Transport Vehicles Across the Border

Some transport companies have reported a significant increase in requests to transport personal vehicles across the border, which they are attributing to the land border closure. Some companies are even capitalizing on the situation and offering customers seats on small chartered jets as part of a package whereby the company would fly the customer into the United States where their vehicle would be waiting for them upon arrival at the airport. These companies are able to exploit this loophole because commerce is considered essential, and transport vehicles fit within the commerce category.

This may seem like an extremely niche issue, but the Canadian government estimated that at least 300,000 Canadians could be considered snowbirds, based on the number of Canadians who return to Canada in the spring. With thousands of Canadians still looking to head to the United States despite the ongoing pandemic, this loophole seems like a good option.

Safety Should be Highest Priority, Canadian Government Warns

It is worth considering that the Canadian government continues to advise against all non-essential travel outside of Canada. Further, should a Canadian resident or citizen contract COVID-19 and are showing symptoms while outside of the country, it is unlikely they would be able to return home for treatment. For this reason, anyone planning to travel to the United States this winter should be sure to check their travel insurance coverage just in case.

Global Affairs Canada warned Canadians in an email to CTV News that, should complications arise during travel outside the country, the Canadian government may be limited in its resources to help.

If Canadians deem their travel essential and decide to leave Canada despite the advisories, note that the Government of Canada may have limited capacity to offer consular services…Canadian travellers should be aware that — as the COVID-19 situation changes constantly — governments that have reopened their borders to tourists could impose strict travel restrictions suddenly if they experience an increase in cases.

Air Travel in the U.S. Busier Than Ever Leading Up to Thanksgiving

For anyone planning on travelling to the United States by air, it may be a good idea to wait and see how COVID-19 numbers are affected by travel for U.S. Thanksgiving. In a country with skyrocketing numbers already, American airports reported the most travellers since March this week, so it is likely that the situation could become even more severe in coming weeks.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are planning to travel, 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.

Categories
COVID-19 Immigration & Travel Issues U.S. Immigration News

A Look Ahead to Potential Changes in American Immigration Policies

The American presidential election took place on November 3rd and Joe Biden has now been named the President-Elect. As the Biden team prepares to take office on January 21, 2021, they are already contemplating policy changes that they would like to enact once they are in place.

There are already a number of expected changes on the immigration front. Immigration policies in the United States have been changed frequently over the past four years, as the Trump administration issued more than 400 executive orders regarding immigration since 2017.

Immediate Policy Changes Expected

The Biden administration has announced plans to reverse some of the stances the previous administration has taken on immigration. The president elect’s team has indicated that they will move to restore a program from Barack Obama’s time in office that would protect over 600,000 undocumented immigrants who were brought to the United States as children from deportation. Further, Biden intends to end the travel and immigration restrictions that were placed on several countries by the Trump administration. The so-called “travel ban” applied to largely Muslim-majority countries, according to the Washington Post.

A Freeze on Deportations

The Biden administration is also planning to freeze deportations for 100 days after inauguration in order to issue guidance to immigration agents as to who can be arrested. This again would represent a return to the Obama era policies that prioritized the apprehension of unauthorized immigrants with criminal records. The Obama era policies were eschewed by the current administration, which eliminated exemptions from arrest or deportation. Biden’s plan would reduce “collateral arrests” which are arrests of unauthorized immigrants who are not the target of an Immigration and Customs Enforcement operation but are taken into custody anyway.

An Increase in Refugee Admissions

Refugee admissions are also set to increase as President-Elect Biden has promised to open more spots for refugees. The incoming administration is planning to raise the cap on refugees to 125,000, up from an all-time low of 15,000 set by the current administration. Further, Biden has promised to grant Temporary Protected Status to some Venezuelans who are currently in the United States in order to protect them from deportation.

No Changes Announced as Yet to Visa Programs During COVID-19

The Biden administration has yet to comment on whether they will make any changes to the pandemic limits on immigration and work visas. When the Trump administration announced a freeze on work visas, Canadians were exempted from the changes. It is unlikely that the Biden administration would remove this exemption, but without official word from the campaign it remains to be seen.

Regarding travel, Biden is likely to be in favour of keeping the borders closed based on the recommendations of his advisors. Currently, there is talk of a 4-6 week lockdown happening in the United States as the number of COVID-19 cases continues to rise. Each state varies on restrictions and mask mandates, and some states have quarantine requirements already, but the quarantine requirements vary throughout the country. With the recent announcement of positive vaccine news, it is possible the Canadian-U.S. border will be opened at some point in 2021. The President-Elect has promised to work together with Canada in order to establish solutions to immigration and travel problems both countries face so it is optimistic to think that when the border does open, the decision will be reached through mutual cooperation.

We will continue to provide updates to U.S. immigration policies as they are announced, as well as on travel restrictions as the situation changes. If you are planning to travel and you have questions about where you can go and what restrictions and requirements are in place, 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.

Categories
COVID-19 Immigration & Travel Issues

A Light at the End of the Tunnel? Positive Vaccine News Amidst Record Infection Numbers

Just as infection rates are beginning to dramatically increase across the country (and the U.S.), potentially signalling increased immigration regulations and travel bans, we’re also hearing word of a potentially imminent vaccine. Below, we’ll look at both developments in greater detail and what impact they may have on Canadian immigration in the coming months.

Could Rising Numbers Mean Increased Restrictions?

This autumn, COVID-19 case numbers across North America have been on the rise. This week, the United States recorded a record number of hospitalizations due to the COVID-19 pandemic and the country has now passed the 10 million infections mark. A total of 43 states reported at least 10% more COVID-19 infections this week as opposed to last week.

Although the numbers in Canada are overall lower than the United States, Canada is experiencing a sharp rise in COVID-19 infections similar to our neighbours to the south. Prime Minister Trudeau called on mayors and premiers across the nation to “do the right thing” and reintroduce restrictions in order to combat the virus. The Prime Minister said:

“We’re seeing record spikes this morning across the country. So I’m imploring the premiers and our mayors to please do the right thing — act now to protect public health…If you think something is missing in the support we’re offering for your citizens — tell us.”

On Thursday, Ontario broke another COVID-19 record with 1575 new cases recorded, a single-day high for the province. Most of the infections are coming out of the Greater Toronto Area, with Peel Region and the City of Toronto recording the highest numbers. Regions are starting to promulgate new restrictions in order to fight the rising infections, such as banning indoor dining and fitness classes in hopes that the numbers will begin to decline.

Out west, Alberta is preparing to introduce further restrictions because of the rising number of COVID-19 cases. This news comes merely a week after the introduction of the Alberta COVID-19 Border Testing Pilot Program. The Program allows travellers arriving in Canada through certain points of entry in Alberta to avoid the mandatory 14-day quarantine by taking a COVID-19 test and then quarantining in the province until they receive a negative result. Although no changes to the program have been announced thus far, this could change. If you are planning to travel to Canada through Alberta and take advantage of the program, be sure to check on the program’s status.

Vaccine News Brings Hope for 2021

Some good news came out earlier this week that could have the largest impact on global travel and immigration to date since the start of the pandemic. This Monday, it was announced that a vaccine developed by Pfizer and BioNTech is more than 90% effective against the COVID-19 virus. Pfizer is planning to ask the US Food and Drug Administration for emergency use authorization later in November. The vaccine is delivered in two doses, and health Canada has specified that it has reserved 20 million doses, enough to inoculate 10 million Canadians.

According to Pfizer, should the vaccine be approved, the doses will be delivered throughout 2021, with 1.3 billion doses being produced for worldwide distribution by the end of 2021. The population of Canada is approximately 38 million people, meaning that should Canada only receive 20 million doses by the end of 2021, just over a quarter of the population will be granted access to the vaccine. However, Canada should have the option to purchase more doses, should the supply be available.

Overall, this is encouraging news, though the impact will likely take at least a year to be felt on a large scale. An effective vaccine could dramatically affect the current situation, once again allowing people to travel more freely, and enable countries to reopen borders that have been closed for months.

Make sure you stay updated on regional restrictions and regulations before you make travel arrangements. If you are trying 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.