Categories
COVID-19 Immigration & Travel Issues

Pilot Program in Alberta may Eliminate 14-Day Quarantine for Travellers

A few weeks ago, Alberta announced a plan to institute a COVID-19 testing regime that would shorten quarantine time for would-be travellers to the province from two weeks down to just two days. In order to avoid the two-week quarantine, travellers to Alberta would have to submit to a COVID-19 test at the port of entry. After leaving the port of entry, travellers will have to travel to their place where they intend to quarantine in Alberta. After approximately 48 hours, the test result should become available.

If the test is returned negative, the 14-day mandatory quarantine requirement will no longer apply, subject to conditions:

  1. The traveller would be required to remain within the province of Alberta for 14 days after their initial entry.
  2. The traveller must submit to getting a second COVID-19 test at a pharmacy in Alberta six or seven days following their arrival. Failure to abide by these regulations could result in the traveller being ticketed by the province.

This pilot program as it is currently proposed will be available to foreign essential workers such as truckers, health care workers and others who are exempt from the federal border closure with the U.S.. It will also be available to any Canadian citizens and permanent residents who are allowed entry into Canada and do not show any COVID-19 symptoms at the port of entry into Alberta.

Talking about this pilot program, Alberta Premier Jason Kenney said:

“We simply must move forward to develop policies to facilitate safe travel. Though a lot of work lies ahead, we can see a return to normal travel. Our twin goal here is protecting both lives and livelihoods, and that is especially important in Alberta with the depth of the energy price collapse and its economic impact.”

Those Who Refuse to Participate Must Quarantine for Two Weeks

If this program is implemented, travellers who choose not to participate will have to endure the mandatory 14-day quarantine period, or they will be subject to fines. The 14-day quarantine may be preferable to some travellers, as federal Health Minister Patty Hajdu has indicated that participants in the pilot program may be subject to closer monitoring and increased regulation than those who choose to quarantine for 14 days. This increased regulation may include daily symptom checks, a requirement to avoid high-risk groups and mandatory mask-wearing in public places.

Program Limited to Two Locations for Now

Currently, the pilot program is only in place in two locations:

  • The Calgary airport
  • Coutts land border crossing

On November 2, the first participants in the program landed at the Calgary airport. Travellers who participated in the program said that the test in the airport happened quickly and the process was smooth. The efficiency and efficacy of the testing regime will need to be monitored as the number of participating travellers increases.

Other Provinces May Implement Similar Programs

If Alberta’s pilot COVID-19 traveller testing program proves to be successful, we could see other provinces implement similar programs. As it stands currently, Ontario and Quebec are both experiencing around 1,000 new cases per day, so those provinces may be reluctant to implement any measures that would seem to encourage travel as the battle rages against the pandemic.

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 travel to Canada under the new pilot COVID-19 testing program, be sure you abide by the regulations for that program, or you could be subject to fines. 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
Canadian Immigration News COVID-19 Immigration & Travel Issues Work Permits

Webinar: Understanding Continuing Immigration Uncertainty in a Turbulent Time

Last week, our firm’s own David Garson and Jessica Ravenhurst hosted a webinar for clients in order to clear up some of the confusion surrounding the recent changes to immigration policies that Canada has made in light of the ongoing COVID-19 pandemic. If you are looking to travel to Canada and worried about how the travel restrictions and quarantine protocol may impact you, the full webinar is available to view at the link posted below.

Who Can Access Canada and How

In order to come to Canada, you must be considered essential. Since the onset of the pandemic in March, there have been three Orders in Council (“OIC”) that govern Canadian immigration law. These OICs dictate who is allowed into the country, and the conditions that must be followed in order to access Canada:

1. Entry from the United States

  • Foreign nationals prohibited from entry if entry is deemed to be “optional or discretionary”

2. Entry from outside the United States

  • Foreign nationals prohibited from entry, but for specific exemptions

3. Mandatory Isolation

  • All persons entering Canada (including Canadians and permanent residents) must self-isolate for 14 days

When considering these OICs, it is important to note there are some specific exemptions that allow people with certain status, or relation to a Canadian citizen or permanent resident to enter Canada. In June, a rule change by the government allowed for immediate family members to enter without needing to show they are coming to Canada for an essential purpose.

Immediate family members of Canadian citizens can enter Canada, provided they meet the criteria for entry and follow certain precautions:

  • Spouse or common law partner, dependent child, parent or step-parent, guardian, or tutor
    • Common law partner in Canada means living together for at least a year
  • No written authorization required
  • 15 day rule
    • The 15 day rule means that you have to be staying in Canada for at least 15 days if you are coming to visit
  • 14 day quarantine plan upon arrival

Now, it is not just immediate family members who can enter Canada, as there was another exemption for extended family members of Canadian citizens and permanent residents. This exemption requires:

  • Must be in an exclusive dating relationship (minimum of 1 year), a non-dependent child, grandchild, sibling, or grandparent to be eligible
    • “Exclusive dating relationship” means you have spent some time together in person
  • Statutory declaration
    • Canadian citizen or permanent resident has to complete this declaration, have it notarized and swear they have been in this exclusive relationship
    • The declaration must be submitted to immigration to receive authorization to travel to Canada
  • Written authorization required
  • 15-day rule applies
  • Mandatory 14 day quarantine upon arrival

If you have more documentation to prove your relationship, bring it to the border in case the CBSA officer asks. Remember that the CBSA officer has the authority to refuse you, so bring extra documentation to the port in order to increase your chance of being admitted into Canada. It is important to note that people on temporary work permits cannot have their family members come under this rule.

Entry of Specialized Technicians

  • Specialized technicians are part of the “essential service” group exemption for the non-US OIC and Mandatory Isolation OIC
  • The category includes technicians specializing in the maintenance, repair, installation, and inspection of equipment necessary to support critical infrastructure
  • A Travel Authorization Letter no longer required for installers
    • This is a recent rule change, installers no longer need to go through the consulate to receive travel authorization letters
  • For a quarantine exemption, must show immediacy of the work
    • You must be sure that you have sufficient documentation if you want a quarantine exemption
    • CBSA officer has the discretion to decide the quarantine exemption

New Immigration Policies

There have recently been some public policy updates that will benefit people in Canada who are uncertain of their status as a result of COVID-19 related consequences.

In-Canada Applicants

  • Changing employers if on closed work permit
    • Normally would have file a change of conditions permit
    • Now, you will still be required to submit the application but there is a process you can follow to show immigration you qualify for a change of conditions permit
    • Once filed we have noticed two possible scenarios happen:
      1. Work permit is expedited within 10 days
      2. If not approved, you may be granted interim authorization to work while you are waiting for the work permit application to process
  • Applying for a work permit if a visitor
    • You can try to seek interim authorization to work
      • You must be applying for a employer-specific work permit
  • Applying for restoration if out of status
    • There is a mechanism called restoration where within 90 days of falling out of status you can apply to restore your status
    • There has been an extension for some people to apply for restoration until the end of the 2020
    • There is also a similar interim work permit authorization to obtain an employer-specific permit

Another tip: when applying for these new work permits, always apply for the maximum amount of time you can under the program that you are applying under. In our experience, the government will not deny your work permit for asking for the maximum amount of time you can.

Quarantine Exemptions

A 14-day quarantine is required for anyone coming into Canada unless they can prove that they should be exempt from quarantine. In order to prove you should be exempt, you have to prove that your essentiality overrides the need to quarantine. When asking for a quarantine exemption, there are two different avenues in which you can take in order to try and obtain the exemption.

  1. You can make a pre-application to Public Health Canada before you come to Canada to try to obtain approval to avoid quarantine.
  2. The other method involves making your case for exemption at the port of entry, without making a pre-application.

In our experience, visitors to Canada have had more success making the case for exemption at the port of entry when compared with making a pre-application to Public Health Canada.

Alternatively, you may be granted a modified exemption whereby you have to quarantine, except for in specific circumstances such as going to work. If a modified exemption is granted it may be granted in such a way that you are essential in quarantine, but you are allowed to leave quarantine only to travel to and from work.

We recognize that people have questions about the Canadian border situation, and many of the intricacies regarding the current situation were likely addressed by David and Jessica in our webinar. To view the full webinar on the topics addressed above, please click here.

The immigration lawyers at Garson Immigration Law are continuing to monitor the developing situation in relation to COVID-19 and will provide updates as the situation develops. If you have any questions about being able to cross the border 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

Canadians Removed From EU Travel Safelist

Worldwide travel guidelines and restrictions continue to evolve as many countries, including Canada, are facing increased numbers of COVID-19 infections. Recently, this has had a significant impact on the ability of Canadians to travel to countries within the European Union, as we will discuss in greater detail below. First, however, we will provide a brief update on Canada’s decision to apply refugee status to Hong Kong activists, as discussed in our blog last week.

Canada-China Relationship Strained over Decision

Last week it was announced that Canada would begin allowing refugees from Hong Kong to make claims in Canada for Convention Refugee status. China did not take this decision in stride and has been applying pressure to try and convince Canada to reverse the decision. The Chinese Ambassador to Canada said:

“If the Canadian side really cares about the stability and the prosperity in Hong Kong, and really cares about the good health and safety of those 300,000 Canadian passport-holders in Hong Kong, and the large number of Canadian companies operating in Hong Kong SAR, you should support those efforts to fight violent crimes.”

In responding to the statement from the Ambassador, Canadian Foreign Minister Francois-Philippe Champagne denounced the statement and reassured that Canada would support human rights:

“I have instructed Global Affairs to call the ambassador in to make clear in no uncertain terms that Canada will always stand up for human rights and the rights of Canadians around the world.”

It seems this situation is not yet over, but Canada has made no indication that it intends to stop allowing people from Hong Kong to make successful refugee claims, despite pressures to do so.

Travel to the EU Restricted for Canadians

In July, Canadians were included on a list of 14 countries whose citizens were permitted to travel to countries within the European Union. The list is revisited regularly, and updated as new COVID-19 numbers are released. For example, three countries, Algeria, Montenegro, Serbia and Morrocco, were removed from the list in August due to increased numbers. The officials who determine the list meet every two weeks to review and update the list as needed, according to their standards.

The officials met this past Wednesday and determined it was best to remove Canada, as well as Tunisia and Georgia, due to the most recent infection numbers. At the same meeting, Singapore was added to the list. Currently, the only countries on the list are Australia, China, Japan, New Zealand, Rwanda, Singapore, South Korea, Thailand, and Uruguay.

However, the matter is not a simple as a blanket travel ban, as some countries within the EU have set their own rules. For example, France has no restrictions on citizens of any specific country, and Germany has narrowed the list provided by the EU. Italy allows visitors from countries on the list but has installed several safety protocols including mandatory quarantine time and the requirement to obtain private transportation to a visitor’s destination from the airport.

Clearly, even with rules in place, there is still room for confusion. Those hoping to travel from Canada to any country in the EU should be sure to check for up-to-date requirements based on their chosen destination.

New Border Restrictions

Continued extensions of the border closure between Canada and the United States have been agreed to by both nations since the original closure in March. Now, the border is officially closed until November 21 according to an official announcement that was made on Sunday, October 18. It is looking like the border will continue to be closed for the foreseeable future, as Prime Minister Trudeau has indicated that Canada intends to keep the border closed as long as COVID-19 cases in the United States remain high. Further, the Minister of Public Safety and Emergency Preparedness tweeted that Canadian decisions regarding opening the border will be based on the best public health advice available to keep Canadians safe. Although Canadians can fly to the United States in spite of the border closure, Canada is advising Canadians not to do so.

The border is likely to remain closed considering the United States is seeing an increase in infections, with 31 out of 50 states reporting more COVID-19 cases this week than last week.

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

Canadian Government Expands Compassionate Border Exemptions

As a result of the COVID-19 pandemic, travel into Canada has been largely limited since late March. Initially, the exemptions allowing for essential personnel were very narrow, with the majority of essential personnel being students or workers. Later in the year, the Canadian Border Services Agency (“CBSA”) promulgated an exception to the essential personnel rule for immediate family members. This exception allowed for a spouse, a dependent child, the parent of a person’s spouse and a guardian or tutor to cross the border, despite not previously being classified as essential. The family member exception did not apply to temporary residents of Canada, which includes those on work visas or students. Would-be travellers under the exception would need to have a 14-day quarantine plan in place in order to be able to cross the border. The summer exception was narrowly constructed but allowed for those who had been separated from their loved ones for months to reunite.

Family Exemptions Expanded

In the face of rising numbers of COVID-19 infections, the CBSA has expanded the family member exception in order to allow more people to cross the border to see their loved ones after a separation of over six months in many cases. Under the new exception, has expanded the list of family members of Canadian citizens and permanent residents who will be eligible to travel into Canada to include:

  • individuals in an exclusive dating relationship with a Canadian citizen or permanent resident for at least 1 year who have spent time in the physical presence of the Canadian citizen or permanent resident during the relationship and these individuals’ dependent children
  • non-dependent children (adult children who do not meet the definition of a dependent child in the Immigration and Refugee Protection Regulations)
  • grandchildren
  • siblings (including half- and step-siblings)
  • grandparents

However, the CBSA has made it clear that the border will not be completely open to all family members, despite the new regulations. The classifications of people mentioned in the list above will be eligible enter Canada for an optional or discretionary purpose only if they:

  • are staying in the country for 15 days or more
  • provide Immigration, Refugees and Citizenship Canada (IRCC) with the required documentation, including a completed and signed statutory declaration, to show they meet the definition of an extended family member of a Canadian citizen or Canadian permanent resident
  • meet existing eligibility and admissibility requirements to enter the country
  • are travelling to Canada with a valid passport and travel document (visa or electronic travel authorization, if needed)
  • have received written authorization from IRCC to travel to Canada as an extended family member

The required documentation requirements for a family member exception application can be found here. Further, along with all of the above regulations, the traveller will need to abide by the quarantine rules that are in place. Finally, it is important to remember that the final decision on entry into Canada remains up to the discretion of a border services officer at the port of entry.

New Regulations for Compassionate Visitors

The Canadian government is also working towards an exception whereby foreign nationals will be allowed to enter Canada for compassionate reasons, such as to be present for a dying loved one, to provide support to a person deemed critically ill, to provide support to a person who medically requires support, and attending a funeral or end of life ceremony. In order to apply you will require:

1. A Letter of Required Support, completed and signed by a licensed health care professional that certifies that your presence is required to:

  • be present during the final moments of life for a loved one or to support someone who is critically ill; or
  • provide care or support for someone who has a medical reason 

2. If you need to attend a funeral or end of life ceremony, the following documents are examples that can be used as part of the death notification:

  • statement of death
  • medical certificate of death
  • burial permit
  • death certificate

Full instructions on the steps necessary to receive approval as a compassionate visitor to Canada can be found here. This new exception will allow separated families to avoid the anguish of not being able to be with their loved ones during their most vulnerable moments. Depending on the severity of the pandemic in the coming months, we could see more exceptions like the ones here granted by the Canadian government.

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

Delays to Expedited Border-Crossing Programs

As it has been since March, the Canada-United States border remains closed to non-essential travel, and it is looking like it will remain closed with the same restrictions for the foreseeable future. What does this mean for applicants and existing members of the various border crossing programs? Below we provide an overview of what you need to know.

NEXUS/FAST Program

If you are an essential traveller crossing into the United States at a border point of entry and are looking to apply for or renew your NEXUS/FAST membership you may have to wait. Before the COVID-19 pandemic, NEXUS allowed pre-screened travellers expedited processing when entering the United States and Canada. There were dedicated NEXUS lanes at certain ports of entry, allowing travellers enrolled in the program to save time while going through customs. In order to receive NEXUS classification, would-be travellers were required to fill out eligibility forms, pay $50 USD per adult over 18 years old, and visit an enrollment centre in order to have a brief interview and have their irises scanned.

Currently, NEXUS enrollment centres in Canada are closed until at least October 5 and enrollment centres in the United States are also currently closed. Further, most NEXUS lanes are temporarily closed at ports of entry, so even if you have the NEXUS classification already, do not expect to be able to use it.

There has been a temporary reduction of service or full suspension of service at certain Canadian border service locations. The suspension of service will be reviewed on an ongoing basis so be sure to check which entry points are open shortly before your planned travels. If you have NEXUS classification already and are worried about that classification expiring because of the closure of enrollment centres, there is no need to worry. As long as you submit an application for NEXUS membership renewal prior to the expiry date on your card, your membership will be extended for 18 months past the expiry date. It remains to be seen what will happen after that 18 month period elapses, but in the best-case scenario, you will be able to visit an enrollment centre for another interview in order to renew your NEXUS membership. If enrollment centres are not open, it is possible that another extension will be granted.

Remote Area Border Crossing Program

It is not just the NEXUS program that has been impacted by the COVID-19 pandemic. Currently, the Remote Area Border Crossing Program is temporarily suspended, and no new applications are being accepted. The RABC helps to facilitate clearance for border crossing for those wishing to cross into Canada in the following locations:

  • from Pigeon River through to and including Lake of the Woods
  • the Canadian shore of Lake Superior
  • Cockburn Island
  • Emerson
  • Sault Ste. Marie (upper lock system)
  • Northwest Angle Area

Pending applicants will be notified when the program is reinstated so if you have an application pending you will need to be patient. The Canadian Border Services Agency (CBSA) has announced that it is extending the validity of expired and expiring memberships for CANPASS, the Pilot Project for Travellers in Remote Areas and the Commercial Driver Registration Program. Further, the CBSA has announced that it will continue to accept applications and renewal requests for the aforementioned programs but warns that there will be significant processing delays because of the current situation.

Business-Specific Border Crossing Updates

Some forms of business travel are exempted from the border restrictions, especially business that relates to the flow of goods such as food and medical supplies. The CBSA has also urged business clients to contact the CBSA by email or electronic forms, rather than by traditional mail or fax in order to speed up its response time. The CBSA has further warned that if you are importing goods by mail there may be significant processing delays because of the overall increase in volume at the international mail centres. Importers and exporters within Canada will be subject to new regulations, mostly dealing with moving their reporting online so make sure you stay up to date with the newest CBSA regulations in order to ensure your compliance.

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 are permitted to 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
Canadian Immigration News COVID-19 Immigration & Travel Issues

Potential Changes to Canadian Immigration Coming in October

On September 23, Prime Minister Trudeau gave a televised national address in order to speak on the current situation in Canada and kick off the new session of Parliament. The speech focused a lot on the economic effects of the pandemic and efforts Canada will be taking to address these effects going forward. One area where Canada has been greatly impacted is immigration, with greater restrictions put in place, and fewer jobs available for Canadians and non-Canadians alike.

New Immigration Mandate Letter Expected

In the coming weeks, Trudeau is expected to issue a new immigration mandate letter to Immigration Minister Marco Mendicino. This will be the second mandate letter in less than a year. The last one was issued in December 2019.

The letter will set new priorities for Immigration, Refugees and Citizenship Canada (IRCC) for the coming months. It is unusual for a new mandate to be set without a change in government or the implementation of a new Minister, however, the effects of COVID-19 have caused all areas of government to reassess priorities and adjust as necessary.

The mandates set out in December’s letter were impacted greatly by the restrictions put in place since March. In particular, Minister Mendicino has been unable to implement a new Municipal Nominee Program which would have seen 5,000 potential openings created for new immigrants to Canada. In addition, there were plans in place to eliminate application fees for Canadian citizenship. Presumably, the new mandate letter will set out goals for reviving these plans as soon as possible.

New Immigration Levels Plan for 2021-2023

Minister Mendicino announced a 2020-2022 plan for Canada’s immigration levels on March 12th of this year, just as the pandemic was taking hold in the country. At the time, the plan outlined target numbers for new permanent residents in the country, seeking to grow the overall annual admissions from 341,000 in 2020 to 361,000 in 2022. The plan also identified key commitments the IRCC would be looking to make over the following two years, including:

  • responsibly grow Canada’s population;
  • take the steps to make the Atlantic Immigration Pilot a permanent program to continue supporting economic growth in Atlantic Canada, with 5,000 admissions;
  • create a new stream to provide a safe haven for human rights advocates, journalists and humanitarian workers at risk abroad;
  • facilitate the Rural and Northern Immigration Pilot and the Agri-Food Immigration Pilot, to address specific labour market shortages;
  • support family reunification through sustained high admissions; and
  • reduce application processing times and improve service delivery and client services at Immigration, Refugees and Citizenship Canada.

Of course, these plans went through a significant upheaval in the subsequent months as immigration was restricted to only the most essential cases, immigration offices around the world were shuttered, and global travel restrictions were implemented.

Now it appears there will be a new plan unveiled in the next month, outlining Canada’s immigration goals for 2021-2023, presumably with adjustments to account for the unprecedented circumstances of the current time. How this new plan will differ from the original plan released in March remains to be seen.

IRCC Reopening In-Person Services on a Limited Basis

On September 17th, IRCC announced a slow reopening of some in-person services beginning this past Monday, by appointment only. So far, the following services have been announced:

Citizenship:

  • Vancouver Expo will be reopening for limited citizenship-related services, including citizenship knowledge re-testing and citizenship hearings, for a select cohort of applicants, to test the flow and viability of client-facing services. IRCC will be scheduling appointments by email.

Permanent residence:

  • IRCC offices in Etobicoke and Montréal are reopening for permanent residence-related services. Clients who require a permanent resident card (PR card) pick up or permanent residence determination (interview to determine the client’s status) will be contacted by email to schedule an appointment.

Asylum:

  • IRCC offices in Calgary, Edmonton, Hamilton, and Niagara Falls are reopening for limited asylum-related services.
  • IRCC will schedule appointments via e-post with clients who need to collect or submit documents, provide their biometric information, or come in for an interview.
  • If this pilot goes well, IRCC offices in Vancouver (Hornby), Montréal and Etobicoke will open in the future to provide these services.

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 Testings Surge; Border Closure Extended

Now in the middle of September, many students have gone back to school, despite the ongoing COVID-19 pandemic. Coincidentally, British Columbia, Ontario, Quebec and Alberta are all reporting an uptick in active cases. The increase in active cases is coming at a time when the provinces are looking to expand testing because many Canadians are being forced to wait hours in line in order be tested or worse yet, cannot receive a test at all because of supply limits.

For example, in Ottawa people were being turned away from testing this week because the testing sites ran out of supplies, and two testing sites at Western University in London had to turn students away because of the overwhelming demand for tests. Ottawa officials are asking adults who are not showing symptoms and do not have a known exposure to the virus to avoid coming in for tests because of the current lack of tests available. The likely drive for the surge in demand for testing is children returning to school.

Positively, Chief Public Health Officer Dr. Theresa Tam indicated that the federal government will offer federal lab capacity in order to remedy the increase in demand. In a press conference, Dr. Tam further addressed the recent COVID-19 spikes:

“What you’re seeing now is of course concerning – and just to remind people that it is actually what happened in the last couple of weeks that resulted in the increase in cases that we’re seeing, so we are always looking backwards as opposed to projecting forward. The key message is that the time to act is now across the board in terms of reducing some of the contacts you’ve had over the summer months.”

Border Closure to be Extended Into October; Maybe Longer

It is not just Canada that is experiencing an uptick in cases. Canadian mayors in border cities have remained steadfast in their stance that the border should remain closed. Fort Erie Mayor Wayne Redekop gave his take on the situation on Wednesday:

“The situation in the United States is getting worse, there seems to be no regard for the health and safety of others. So at this stage, it doesn’t make sense to be lifting the border restrictions.”

Visitors from the United States are essential to the economy of the border cities so statements like these from the mayors of border cities are indicative of the priority being placed on health and safety over economics. Despite most border city mayors advocating for the border to remain closed, some are advocating for increased exemptions, particularly for families to cross the border for compassionate reasons. As it stands currently, there are narrow exemptions for family members that only apply to immediate family members. An expansion of this exemption to include compassionate reasons would help many people see family members they have gone months without seeing.

Without this sort of exemption, people are potentially going to be waiting much longer to cross the border as the current border restrictions are expected to be extended until at least November. If extended, this would be the sixth time the border restrictions are prolonged. It is important to remember that if you desperately need to travel to the United States that Canadians can still travel to the United States by air, so the border is not closed completely. Canada is currently restricting U.S. visitors by air, but the U.S. is allowing Canadians in so long as they have not visited Brazil, China, Iran, Ireland, the U.K. or countries in the Schengen Area for 14 days prior to their travel.

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

CBSA Hard at Work Enforcing the Border Closure

If you are a foreign national looking to travel to Canada while the border closure is in place (currently set to expire on September 21st), you need to make sure that you qualify for one of the essential reasons for travel. Failing that, you will need to meet the criteria for one of the listed exemptions in order to ensure you will not be turned away at the border. In the period from March 22 to September 2, the Canadian Border Services Agency denied access to approximately 18,000 foreign nationals who attempted to enter Canada. The people who were turned away include foreign nationals who tried to enter Canada by car, boat and air from the United States.

The would-be visitors were denied entry to Canada for a variety of reasons. For example, 5,300 of the 18,000 people who attempted to cross the border were refused entry into Canada because they attempted to enter for tourism or sightseeing. Similarly, 2,000 people were denied entry because they told the Canadian Border Services Agency they were travelling for recreation, and 1,000 more people were denied entry because their listed reason for wanting to enter Canada was for shopping.

Most of those who were turned away during the pandemic were Americans. Of the around 18,000 people who were denied entry, Americans represented 87% of the total.

Further, for Americans that have been allowed into Canada for ostensibly legitimate purposes, such as travelling to Alaska, there can be consequences if they do not comply with the regulations set forth by the Canadian Border Services Agency. Fines can and have been levied against Americans who break the rules, and an American family of five was fined $2,000 for not taking the most direct route through Canada from Alaska to the contiguous United States.

Remember, the border restrictions are set to last until at least September 21 and will likely be extended further, so travel will be restricted for the foreseeable future as pressure from the municipal and provincial levels to keep the borders closed increases. Chief Public Health Officer Dr. Tam also made a statement that seems to indicate that the border will remain closed well into the fall:

“Every month when we evaluate that situation again, we’ll take into account what’s going on, on both sides of the border. But, as you know, as we look at further planning out, we have to look at different options of how we can increase safely—as safely as possible—international travel.”

For the time being, it is best to comply with travel with travel restrictions. Only travel if you qualify as essential or fall into one of the state exemption categories, like the family exemption.

Slight Setbacks in Ontario

This week, a group of border city mayors called on the federal government to keep the border with the United States closed until at least 2021. These calls for an extension of the closure come as parts of Ontario have been forced to delay their reopening plans for at least four weeks following an increase in COVID-19 cases. Premier Ford iterated that Ontario does not need to revert to Stage 2 yet, but he will continue to consult health officials:

“We aren’t there yet,” Ford said. “But if it just keeps creeping and creeping and people are ignoring the guidelines and the protocols – come on guys, we have gone through everything together as a team and you can’t let your guard down now.”

Regarding reopening, schools in Toronto have had their start date pushed back to September 17, with the reasoning for the delay being “complexities of the secondary staffing and timetable process.” This delay will impact approximately 250,000 students. Once schools are fully reopened, some expect the country may see numbers continue to increase, so this will also be a consideration when it comes to determining travel restrictions going forward.

Vaccine Progress

In more promising news, there are now reports that COVID-19 vaccine trials in the United States are starting to enter phase three of the regulatory process. This means that if everything goes well, a vaccine could be ready for regulatory approval in the United States by October. This news comes as another vaccine in the late stages of development at the University of Oxford has been put on pause due to potentially serious side effects.

All eyes are on the development of a safe and effective vaccine, as this will likely be the key to resuming travel and easing restrictions in a way that most closely resembles the situation pre-pandemic.

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

For U.S. Citizens, Border Closure is a Hard Pill to Swallow

Bad news for those who are looking to start travelling again as September begins, as the Canadian Federal Government is extending travel restrictions into Canada in order to combat the ongoing COVID-19 pandemic. The travel restrictions are now set to last until September 30, according to a tweet from Public Safety Minister Bill Blair:

Our government is extending the existing restrictions on international travel to Canada by one month – until September 30, 2020 – to limit the introduction and spread of COVID-19 in our communities… Canadian citizens and permanent residents returning to Canada will continue to be subject to strict quarantine measures.

The extension of the restriction means that Canadian citizens and permanent residents returning to Canada from abroad will be subject to the quarantine measures that have been in place since the beginning of the pandemic. The restrictions include screening travellers at their port of entry for symptoms such as cough, fever or trouble breathing. Those who show symptoms are required to isolate for 14 days and those who do not show symptoms are required to quarantine for 14 days. Remember that you must have a quarantine plan ready for when you cross the border in order to avoid the 14-day isolation. The plan must include a place to stay, details about how you will reach your destination, how you will get groceries, and how you will access essential services and medical care if necessary.

Many U.S. Residents Facing a Medical & Financial Crisis

The Canada-United States border is currently closed and is set to remain closed until at least September 21 based on the most recent agreement between the two nations. The border closure has put an enormous amount of pressure on many Americans who rely on international travel in order to access more affordable medical care. For example, diabetic Americans often make the trip to Canada or Mexico in order to buy insulin. The price of insulin in Canada can be much less than it is in the United States. For Americans without sufficient funds to meet their medical needs, the border closure represents an abject disaster, as money is tight for many people during the pandemic, and extra medical costs right now are adding to the perilous situation faced by many families.

The percentage of Americans who rely on less costly, out-of-country medication is small, as only 1.5% of the prescription medication users regularly leave the United States in order to buy their prescriptions at a cheaper price. However, the 1.5% figure represents an estimated 2.3 million people who have been mostly forced to source their medications domestically due to the border restrictions. Further, the price disparity is recognized by some U.S. insurance companies which offer paid trips to Vancouver and Tijuana in order to save money on prescriptions for the people they offer insurance to. Pharmacists and dentists in Mexican border towns advertise their services to Americans at prices cheaper than they would find domestically.

Many Americans have had their health impacted by the border closure, and many Mexicans and Canadians working in pharmacies close to the border have seen a corresponding loss of profit, with some reporting up to 40% less business since the border closure. Compounding the issue is the fact that bringing prescription drugs into the U.S. is illegal, but the Food and Drug Administration has stated that importation may be allowed if the medicine does not exceed a three month supply. Some Americans have been able to order their medications online, but there is a risk that the medications will be confiscated during shipping, be mishandled during transport, or not arrive when the person needs it, as medication delivery by the USPS has been delayed recently.

Even if larger scale importation of prescription drugs is allowed by the FDA, Canada may not be willing to provide enough medication in order to drastically lower the prices in the United States, as increased drug exports to the U.S. could lead to drug shortages within Canada. Amidst a global pandemic, there is enough for the average person to worry about on a day-to-day basis, without having to worry about being able to afford life-saving medications.

Make sure you stay updated on regional restrictions and regulations before you make your arrangements. If you are trying to travel and need to prepare an exemption request, be sure that you fit into one of the stated exemptions from the country you are trying to travel to. 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

Travelling Abroad During COVID-19: Where Can Canadians Go?

With the border between the U.S. and Canada remaining closed to non-essential travel, many Canadians have questions about where they are permitted to vacation, and which requirements may be in place in those countries. After all, it makes little sense to travel to a country for 10 days if the entire time must be spent in quarantine. Below, we outline the current travel possibilities open to Canadians in several continents around the world.

North America

On August 14, it was announced that the Canada-United States border will remain closed to non-essential travel for at least another month until September 21. This has been the fifth extension of the border restrictions because of the COVID-19 pandemic. The agreed-upon exemptions to the ban will continue to be honoured, so if you fit into one of those exemptions you can still travel across the border. When broached about when the border may open, Public Health Chief Dr. Theresa Tam stated:

“Every month when we evaluate that situation again, we’ll take into account what’s going on, on both sides of the border. But, as you know, as we look at further planning out, we have to look at different options of how we can increase safely—as safely as possible—international travel.”

So if you are hoping the border ban will end soon, you may be out of luck. Canadians are permitted to travel to Mexico and some Caribbean countries but are required to quarantine for 14-days upon arrival. Some countries also require a negative COVID-19 test within a certain period before travel.

General Advice to Anyone Considering Travel Outside of Canada

Regarding the rest of the world, the Canadian government is advising all Canadians to avoid non-essential travel outside of Canada and has advised avoiding all travel to a select few countries. Despite the government’s advice, Canadians are permitted to travel but must check the local laws of the country they intend to travel to and will be subject to a mandatory 14-day quarantine upon their return to Canada.

If you do plan on travelling, be sure to check whether you can still buy travel insurance through your provider, and if that provider would cover COVID-19-related expenses, as some providers have explicitly stated they will not cover these expenses should you choose to travel. Further, a federal government advisory warns that airspace closures and movement restrictions may occur without warning, so if you choose to travel, you are taking a risk that the situation could change in your absence and returning to Canada could become more difficult in a short period of time.

Europe

Good news for those who want to travel to Europe, as Canada was listed among 14 countries whose citizens would be allowed to enter the Schengen area of Europe starting on July 1. The Schengen area countries are:

Austria
Belgium
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Switzerland

As of August 7, Canada is still listed as a country exempted from the general European Union travel ban. Canadians do not need a visa for travel to countries within the Schengen area for up to 90 days of travel. However, make sure to stay up to date on the Schengen zone regulations, as the countries within the zone have some individual discretion to restrict immigration, so regulations can vary from country to country. Remember that the United Kingdom is no longer part of the European Union, so they will have separate regulations than those announced for the E.U. Canadians can enter the United Kingdom without a specific visa, but will have to self-isolate for 14 days upon arrival.

Asia

As of August 17, Canadians still are being denied permission to enter Japan, unless there are exceptional circumstances present. If you are allowed entry into Japan, you will have to quarantine for 14 days and take a COVID-19 test. If you are looking to travel to South Korea, you will have to quarantine for 14 days upon arrival. China is also largely closed to non-essential travel, although there are some exemptions for economic, trade, scientific, or technological reasons. If you fly to China, you will be subject to a 14-day quarantine.

Australia and New Zealand

Canadians are not currently allowed to enter Australia unless they have been granted an exemption prior to departure. Canadians generally are also not allowed to enter New Zealand. However, some exceptions apply, such as immediate family members of New Zealand nationals or travellers who have a permanent resident visa in New Zealand. Prospective travellers to New Zealand who do not fit one of the previously stated exemptions must submit a request to travel to New Zealand in order to be granted permission to enter the country.

If you are looking to travel, we advise you to continuously check travel restrictions or regulations pertaining to your destination, right up until you leave. The situation changes regularly as infection numbers increase or decrease. Keep in mind that even if you are not required to quarantine upon arrival to your destination, you will have to do so once you return. Travel anywhere outside the country is a risk because the situation is so dynamic and could change while you are away.

Make sure you stay updated on regional restrictions and regulations before you make your arrangements. If you are trying to travel and need to prepare an exemption request, be sure that you fit into one of the stated exemptions from the country you are trying to travel to. 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.