Category: COVID-19 Immigration & Travel Issues

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COVID-19 Immigration & Travel Issues

Air Travel Requirements and a Hawaii Travel Update

A woman in a mask sitting on a suitcase in an airport representing mandatory masks when travelling

Air Spread of COVID-19

Some troubling news for Canadians came this week when it was reported that 18 flights that had arrived in Canada since the start of August contained passengers on board who tested positive for COVID-19. A majority of the flights landed in Montreal and Toronto, although some landed in Calgary and Vancouver as well. Most concerning, other passengers on these flights were not notified directly by federal public health authorities to inform them of the situation even as the government admits that they may have been exposed to COVID-19. Airline spokespeople such as Peter Fitzpatrick from Air Canada defended this rationale by continuing to insist that the rate of transmission on flights is very low:

“However, it is important to understand the incidence of individuals contracting a communicable disease inflight is very low. As evidence, consider what are called ‘cluster outbreaks,’ where a group of people contract a disease at the same time and location. These are rarely if ever tied to modes of travel, whereas you often see reports of outbreaks arising from funerals, bars or other gatherings,”

If you do plan on travelling by air, you can take some comfort in the fact that airlines are taking precautions in order to prevent the spread of the virus, even as they have started to relax regulations by filling middle seats, which had previously been left empty to encourage social distancing. The precautions they are taking, such as pre-flight screening and temperature monitoring, help to reduce the risk that you will find yourself on a flight with someone who has the virus. Of course, this does not account for those who have yet to display symptoms or who are infected but asymptomatic.

If you are concerned you or someone you knew was on a flight containing a person who later tested positive for the novel coronavirus, a list of the flights confirmed to have someone who tested positive can be found here. If you are flying in the future, make sure to check after your flight to see if someone on the flight tested positive for COVID-19, as there is no guarantee you will be automatically informed.

Mandatory Masks When Travelling

In parts of Canada, mandatory non-medical face mask laws have gone into effect. The laws vary across the country, with some applying only to transit and others applying to all indoor spaces within a community. The Public Health Agency of Canada recommends wearing a non-medical mask or face-covering in public places, such as stores, shopping areas and public transportation. Certain businesses and transit agencies have stated that masks are now mandatory on their premises, and some municipalities, such as Côte Saint-Luc in the suburbs of Montreal, and the city of Toronto have made masks mandatory in indoor public spaces. Violation of these mandatory mask laws could result in fines of up to $500.

On a national scale, the federal government has stepped in the protect the health of air travellers as now Canadians boarding a flight without a mask will be required to provide medical proof that they cannot wear one, according to a federal travel order. Before the travel order, non-medical masks were mandatory, but passengers were granted an exemption if they claimed to have “breathing difficulties unrelated to COVID-19”.

Following the new federal travel order, in order for a passenger to be exempted from wearing a mask on a flight, they will need to produce a medical certificate that shows they are unable to wear a mask for a medical reason. There are still some exceptions to the order, including one for infants and for people who are unable to remove their face mask without assistance. It is also important to remember that wearing a mask is required at all times in an airport and on an airplane, aside from when going through security.

The order also defined what makes for an acceptable mask:

“Any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.”

An Update for Canadians Travelling to Hawaii

In a previous post, we discussed the fact that Hawaii had recently amended its quarantine restrictions for Canadians travelling to the state after September 1st. The amendments stated that Canadians would no longer be required to quarantine for 14 days upon arrival so long as they had received a negative COVID-19 result within 72 hours of travel. This made the prospect of travelling there much more appealing. However, due to a recent increase in infections, Hawaii is considering revising its policy once again. Nothing concrete has been announced, however, Canadians who are considering travel to Hawaii would be advised to check for updates, as the situation remains in flux.

How We Can Help

If you have to travel during these uncertain times, be sure you are up to date on all of the newest regulations, or you may end up losing time and money. If you have doubts about whether you are allowed to travel, and the best ways to go about travelling during the pandemic, we are here to help.

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 your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

Closing the “Alaska Loophole”

As the summer wears on, and the ongoing COVID-19 pandemic along with it, we are starting to see additional impacts of the Canada-United States border closure. The border closure has been hard for people on both sides, with approximately 20% of Canadians reporting that they have experienced some form of hardship because of the closure. Those who reside and own businesses close to the border have also suffered, as they rely on cross-border traffic to provide them with revenue. With the possibility of the COVID-19 pandemic lasting for a few years, it remains to be seen when the border will finally open.

From the date the border closed in late March until early August, approximately 13,000 would-be visitors to Canada have been denied entry by the Canadian Border Services Agency. Of the people denied entry, the majority were United States citizens, who comprised approximately 11,000 of the denied entries. The majority of those entered on land via car or train or over water, with a minority of the denials coming from air travel.

Although the border is closed to non-essential travel, many people are still trying to cross by misleading border officers. Canadians in British Columbia have reported seeing American boats in Canadian waters, defying the border closure. Some Americans have been attempting to enter Canada by using what is referred to as the “Alaska Loophole”.

Alaska Loophole Closure

The Alaska Loophole enables Americans to enter Canada by claiming they are travelling to Alaska, which requires travel through Canada. The Canadian Border Services Agency has recognized that this provision to allow Americans to drive through Canada to Alaska was being abused, so they have enacted regulations to help close the loophole. As of July 31, Canada has implemented restrictions on this loophole, to prevent abuse. The Canadian Border Services Agency in a press release stated:

“Stricter rules and additional entry conditions will be imposed on travellers transiting through Canada to Alaska for a non-discretionary purpose.”

The new Canadian Border Services Agency rules make it so that Americans looking to drive through Canada to Alaska can only cross the border through five designated border crossings. The allowed crossings are Abbotsford-Huntington, Kingsgate and Osoyoos, in B.C., Coutts in Alberta and North Portal in Saskatchewan. If you arrive at a different port of entry to those explicitly named to attempt to drive through Canada to Alaska, you will be denied entry.

Further, each in-transit foreign national will be allowed “a reasonable period of stay”, determined by the Canadian Border Services Agency within Canada in order to make their way to Alaska. However, travellers through Canada to Alaska will be required to take “the most direct route” to their final destination and are required to avoid all national parks, leisure sites and tourism activities en route. Travellers must also report to the Canadian Border Services Agency when they leave Canada. The final rule is that drivers will be given a tag for their car which must be attached to the rearview mirror for the entirety for their journey through Canada. The tag will include the date by which travellers must leave Canada. Failure to comply with the new rules can result in strict fines. The RCMP has been issuing tickets to American visitors who have strayed from the most direct route to Alaska in order to visit Canadian national parks, for example.

Good News for Canadians Going South

Some good news for Canadians looking to travel to Hawaii came on August 3 when it was announced that Canadians do not need to quarantine upon arrival to the state. As long as you can provide proof of a negative COVID-19 test upon arrival, Canadians will be allowed to skip the 14-day quarantine upon arrival in Hawaii. The negative test must have been obtained within 72 hours of arrival into the state. Flights from Canada to Hawaii are set to resume in early September. However, Canadians looking to take advantage of this change should keep in mind that they will still need to quarantine for 14 days upon their return to Canada.

It is important to remember that American rules on quarantining are set on a state-by-state basis, so if you are travelling to the United States, make sure to check the local regulations to ensure you are in compliance with the law.

If you are looking to travel during the COVID-19 pandemic, make sure you stay updated on the rapidly developing situation, and make sure your travel qualifies as essential or you fit into one of the exemptions if you are looking to cross the border. If you need assistance 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.

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COVID-19 Immigration & Travel Issues Study Permits

Regulations for International Students Coming to Canada

The Canadian-United States border remains closed to all non-essential travel for the foreseeable future. Although the spread of COVID-19 in Canada has been slowed and we are seeing more municipalities entering stage 3 reopening, the United States has struggled with the pandemic, reporting approximately 60,000 new cases on July 28. The border closure has led some people to attempt to cross the border illegally. On July 25, an American man illegally jumped the border in British Columbia and evaded RCMP officers for a few hours before he was apprehended and turned over to the Canada Border Service Agency.

American Students Studying in Canada

One group of American citizens who will not have to resort to crossing the border illegally are students. Recently, the American government retracted its visa amendments that some were concerned would have barred Canadians from entering the U.S. if their school in America had opted to operate solely online. The Canadian government has followed suit by updating its regulations on American students. Up until this week, American students coming to Canada required a study permit issued on or before March 18 in order to ensure they would be allowed to cross the border.

The rule, as previously constructed, still allowed for upper year students to enter Canada so long as they still had valid study permits, even if they had spent the summer in the United States. However, the rule would have rendered it impossible for incoming first-year American students to cross the border and begin their studies as they would have been unable to obtain the study permit needed to cross the border. Given that work and study are listed as examples of non-discretionary essential travel, the change makes sense from a policy perspective. Now, if an incoming student does not yet have their study permit in hand, Canadian Border Service Agency officers have been instructed to accept a “port of entry letter of introduction” that shows that a student was approved for a study permit.

Exemption not Yet Extended to Students From Other Countries

Currently, the exception to the rule only applies to incoming students from the United States. Other incoming international students must still adhere to the on or before March 18 rule regarding their study permits and entry to Canada. It remains to be seen if the Canadian government will grant the same exception to other international students. Given the state of the pandemic within the United States, it would follow that the same exception may be given to most other countries as well. However, Canadian Immigration officials have not tipped their hand as to whether more exceptions will be granted. Speaking on the situation, the Canadian department of immigration announced:

“There are no measures in place to provide for expedited processing of study permit applications. Foreign nationals who had a study permit application approved after March 18, 2020 … may not be exempt from the travel restrictions (and) they should not make any plans to travel to Canada until the travel restrictions are lifted, as they will not be allowed to travel to or enter Canada.”

Some positives were announced by the department of immigration last week for international students not from the United States despite the statement. Immigration minister Mark Mendicino indicated that the government would prioritize study permits for students who had submitted complete applications online. Further, students will be able to apply time spent studying online toward their eligibility for work permits in Canada, provided at least 50% of their program is completed in Canada. There will also be a priority processing system for students who are unable to obtain all the necessary documentation before their scheduled move-in dates.

If you are an international student scheduled to come to Canada to study in the fall, make sure you stay updated on the rapidly developing situation, and make sure you have applied for a study permit if you have not already. If you need assistance 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.

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COVID-19 Immigration & Travel Issues

Immigration to Canada Delayed, & New Protections for Refugees

As expected, on July 21 the restrictions on all discretionary travel over the Canada-U.S. border that has been in place since March 21st were extended to August 21st. The same exceptions to the restrictions, such as the family member exception still apply, so if you are looking to travel make sure that you fall into one of the excepted categories in order to ensure you will be allowed to cross the border. The closure has left many families who do not qualify for the family member exception separated and it looks as though they will remain separated for the foreseeable future. It is important to note that Canadians can sometimes enter the U.S. by air so if you have the means to fly, you can be reunited with your family members, just make sure to adhere to local quarantine laws, as they vary from state to state.

Officially, the border closure was only extended to August 21, but it is likely to remain closed well into the future based on the situation in the United States and comments made by Prime Minister Trudeau:

“I understand how difficult it is to see these travel restrictions in place but Canadians understand that keeping our cities, our municipalities, our elders, our frontline workers safe by preventing international travel is a continued thing we need to do.”

Immigration Delays

Thus, the Canadian border largely remains closed to non-essential visitors as a result of the ongoing COVID-19 pandemic. For those looking to settle permanently in Canada, the situation is not much better, as the Canadian immigration system remains largely stalled because of the pandemic. Once the Canadian border does open, it remains to be seen how quickly new prospective immigrants will be able to come to Canada. Currently, many visa and biometric collection offices worldwide closed, which means that potential immigrants cannot be interviewed or provide the documents needed for their immigration applications. The situation is not much better for those who have completed their applications. because the Canadian Immigration Department has stopped posting processing times. Instead, the IRCC has posted a message stating that due to the COVID-19 pandemic, it cannot process applications normally or provide time estimates.

Last year, the Canadian government planned to admit 341,000 new permanent residents to Canada in 2020. As of the end of May, the number of permanent residents actually admitted into Canada was down by approximately 40,000 from the same time last year. It seems increasingly unlikely that the previously stated goal will be reached this year. In order to keep immigration steady, it is possible that Canada will increase the number of immigrants it is willing to admit for 2021. Given that Canada’s economic growth is partly driven by immigration, the government will surely do something to keep people coming here, as opposed to looking for other countries to migrate to. As important as immigration is to Canada’s economy, Immigration Minister Marco Mendicino made it clear in a statement that the focus of policy right now is on public health.

“The pandemic has resulted in unprecedented challenges at the border, and we know this has been a difficult time for families and others who are making their way through the immigration system.”

New Federal Court Ruling Aims to Protect Refugees at the Canada/U.S. Border

There are approximately 10,000 refugees impacted by the virtual shut down of the Canadian immigration system. However, on July 22, some good news for future refugees came from the Canadian Federal Court, which rendered a decision on the legality of the Safe Third Country Agreement between the United States and Canada, in which both nations recognized each other as safe places to seek refugee protection. This means that Canada can no longer turn down potential refugees who arrive at land ports of entry on the Canada-U.S. border on the basis that they must pursue their claims in the United States. Due to the risk of imprisonment refugees face in the U.S., Justice Ann McDonald stated:

“I have concluded that imprisonment and the attendant consequences are inconsistent with the spirit and objective of the STCA and are a violation of the rights guaranteed by section 7 of the (Charter of Rights and Freedoms).”

The changes are not set to take effect until 2021 because the Court allowed for a six-month period for the immigration authorities and the Trudeau government to respond to the court ruling.

How Garson Immigration Law Can Help

With the situation being as fluid as it is, it is of the utmost importance to stay informed and make good decisions if you are planning to travel. If you are trying to immigrate to Canada during these uncertain times, we are here to help.

The immigration lawyers at Garson Immigration Law are continuing to monitor the situation in relation to COVID-19 and will provide updates as the situation develops. If you have any questions about crossing the border or your immigration status in relation to the changing regulations, please reach out to us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues

Students No Longer on ICE: U.S. Rescinds Recent Student Visa Changes

There has been a great deal of discussion around the predicament international students in the U.S. may face if their post-secondary institution opts to go online-only when classes resume this fall, causing much uncertainty. We will delve further into this topic below, after providing an update on the Canada-U.S. border closure, which the Prime Minister addressed in a press conference just yesterday.

Extended Border Closure on the Horizon

The closure of the border to non-essential travel has been extended by mutual agreement until August 21st, Prime Minister Trudeau confirmed yesterday. This likely comes as a relief to many Canadians, as polls show the majority of the country would like to see the closure extended for much longer.

A recent Ipsos poll found that over 80% of Canadians favour keeping the closure in place at least through to the end of 2020, and 93% would deem recreational travel to the U.S. ‘too risky’ at the present time, even if it were an option. When speaking about potential future extensions of the border closure and travel, Canada’s deputy chief public health officer Howard Njoo said:

“It will take some time. If I were to travel anywhere, I would stick to Canada for the time being”

Proposed U.S. Student Visa Changes

With summer now being at the midpoint, many are beginning to look toward the fall and the fact that a new school year is quickly approaching. The topic of how best to resume and reopen schools safely is being considered all around the world. For example, in many European countries, schools have tentatively opened with regulations in place to mitigate the risk of the spread of COVID-19. Most Canadian provinces are planning for multiple contingencies, depending on virus numbers as September nears.

Recently, the United States has begun to grapple with the idea of reopening schools for younger students. Post-secondary institutions in the United States have also begun to lay out plans for what reopening will look like for the coming fall semester, with many going fully online or developing a hybrid approach by which students can take a mix of online and in-person classes. However, given a lack of federal guidance, the systems in place will vary from school to school and state to state. Despite the absence of general planning advice, just last week the federal government made an announcement that would greatly impact both universities and students.

On July 6, 2020, United States Immigration and Customs released an update to the exemptions for the Student and Exchange Visitor Program. The proposed update would have restricted the ability of international students enrolled in post-secondary institutions to enter the United States or remain in the country if their school transitioned to an online-only model.

Students would instead have to be enrolled in at least one class in person in a so-called ‘hybrid system’ or have all in-person instruction in order to enter or remain in the U.S. under an F-1 or M-1 visa. This proposed change in policy is the latest in the continuing saga of American immigration upheaval in the COVID-19 era and comes in the wake of the recent Green Card ban.

The announcement put many students in a bind. Those enrolled at higher learning institutions that would be switching to online-only instruction as a safety precaution would be deported or barred from entering the U.S.. Further, students who were enrolled at a college that allowed for in-person instruction would have been required to take at least one in-person class to maintain their status in the U.S.. This would have potentially placed students in the position of choosing between being permitted in the United States and their health.

The new regulations faced immediate and widespread backlash, which lead prestigious institutions such as Harvard and MIT to sue the Trump administration over the rule.  On July 14, just over a week after the rule update and following more lawsuits and opposition the rule was rescinded.

The policy would have cost universities millions of dollars in tuition fees and caused significant upheaval in the lives of international students, many of whom remain in the United States in between semesters. The recission of the rule means that the over 1 million international students with student visas will be able to enter or remain in the United States, even if they are doing their full course load online.

If you plan to travel to the United States for any reason, be sure to stay updated, as U.S. immigration policies are constantly changing. If you or your family require assistance with immigration or 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.

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COVID-19 Immigration & Travel Issues

Interprovincial Travel and Immigration During COVID-19

By now, it is well known that Canada has issued restrictions on international travel, closing its borders to most non-essential visitors. However, as we covered first in our recent webinar, there are domestic restrictions on travel between the provinces as well. These restrictions are rapidly changing and keeping track of each province’s varying rules can be confusing if you need to travel. The provinces have been hit differently by COVID-19, which has created an incentive for the travel restrictions, in order to prevent spreading the virus to less affected areas.

For example, as of July 8, Quebec has registered over 55,000 cases whereas P.E.I. has registered under 50 total cases. This disparity in case numbers has created an incentive for the provinces to create restrictions on domestic travel. Further, some provinces are considering making changes to their immigration policies in light of the economic difficulties they are facing because of the pandemic.

Alberta

Immigration to Alberta

Of Canada’s western provinces, Alberta has been hit the hardest by COVID-19. As of July 8th, they have registered just over 8,000 cases of the virus. In comparison, British Columbia has registered around 3,000 cases. The Alberta government is considering making changes to their immigration practices in light of the pandemic. Premier Jason Kenney has said that the province can accommodate fewer newcomers as a result of global travel restrictions and the economic crisis. He further said the government will push Alberta employers to “do everything they possibly can to look within Alberta to the huge and growing number of unemployed people”.

However, seeing as immigration falls under federal jurisdiction, Alberta may have limited options available when it comes to curtailing immigration into the province. It remains to be seen what type of regulations they are going to try and institute to curb immigration into the province.

Travel to Alberta

Responsible travel within Alberta is permitted at this time, including to second homes, vacation homes, cabins and cottages. International visitors must follow a 14-day quarantine protocol and domestic visitors from other provinces face no restrictions at this time, although the province has indicated that non-essential travel is not recommended.

The Maritimes

The Maritime provinces, being Prince Edward Island, Nova Scotia, Newfoundland & Labrador, and New Brunswick, all have relatively low COVID-19 numbers. As a result, the four provinces created a “travel bubble“, effective July 3, allowing people to move freely from one province to the other. However, despite the presence of a travel bubble, those within the bubble may still have to follow certain protocols in order to enter another province. Further, each province in the bubble has different pandemic policies that prospective travellers should review in order to ensure they stay in compliance with the rules for the province they are travelling to. Those outside the bubble will generally have to self-isolate for 14 days upon entry to any of the provinces within the bubble.

Prince Edward Island

Prospective visitors from the other Maritime provinces to P.E.I. must present a completed self-declaration travel form before they will be permitted entry without self-isolating for 14 days. Permanent residents of Atlantic Canada must fill out the form before arrival to P.E.I. and present it at the point of entry. In addition, they must present a government-issued ID for each member of the travelling party as well as the submission ID (a confirmation that the self-declaration has been submitted). If visitors to P.E.I. are not permanent residents of a province within the travel bubble, they must complete all of the aforementioned steps along with documentation to prove that they have already been in Atlantic Canada for the last 14 days or more. Potential visitors who do not complete these steps risk being turned away from the island.

Nova Scotia

Every adult attempting to enter Nova Scotia will have to show proof of residency in another Maritime province to officials at the point of entry in order to enter the province. There is no requirement for a self-declaration form. If you prove that you reside within the travel bubble, you will not have to self-isolate for 14 days. People from outside of Atlantic Canada can visit, but they must self-isolate for 14 days, and fill out a form in order to enter. If visitors have already self-isolated in another province in the bubble then they may enter Nova Scotia without self-isolating.

Newfoundland and Labrador

Visitors are required to present two pieces of ID to prove that they are a resident within the Atlantic travel bubble. One piece of ID must include an address. Visitors from other Atlantic provinces must complete the contact information section on the province’s self-declaration form. Visitors from outside the province must complete the form and self-isolate for 14 days upon entry.

New Brunswick

Atlantic Canadians can travel to and from New Brunswick without the requirement to self-isolate, but they will be asked to show proof of their province of residence. Further, visitors will be asked health screening questions before they will be allowed entry into the province. Visitors from outside of the bubble will be asked to self-isolate for 14 days.

British Columbia

Non-essential travel between provinces is discouraged by the British Columbia provincial government, however, domestic travellers to B.C. are not required to self-isolate at this point. Only international travellers must self-isolate.

Saskatchewan

Residents of other provinces coming to Saskatchewan should observe all public health measures, including physical distancing and restrictions on the maximum number of people allowed to gather. There had previously been a restriction on non-essential travel to Northwest Saskatchewan, but that order has been lifted as of July 7.

Manitoba

Manitoba has a split system, whereby visitors from west of Terrace Bay, Ontario, including all the western provinces and all three territories can visit without being required to self-isolate upon arrival for 14 days. Travellers from all other Canadian jurisdictions, such as most of Ontario, Quebec, and the Maritimes will be required to self-isolate for 14 days upon arrival to the province. Transporters of goods and people, people travelling to facilitate shared parenting arrangements and people travelling for emergency medical purposes are also exempt from self-isolation.

Ontario & Quebec

Currently, Canada’s two most populous provinces do not have any restrictions on domestic travel. There is no requirement to quarantine upon arrival to either province, although both Quebec and Ontario discourage non-essential domestic travel.

How We Can Help

Domestic and international travel restrictions are rapidly changing as each jurisdiction makes progress on the number of cases. If you are planning to travel and unsure about the potential restrictions in place at your destination, do not hesitate to reach out.

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 contact us online or by calling us at 416-321-2860.

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COVID-19 Immigration & Travel Issues Work Permits

Webinar: Canadian Entry in a Pandemic & Post-Pandemic World

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 policy that Canada has made in light of the 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.

Travel Restrictions

As you may already know, the Canadian border is “closed” until at least July 21, 2020. If you are a Canadian citizen, this does not apply to you, as Canadians are always allowed to enter Canada. In addition, those who are not Canadian citizens or permanent residents who qualify as “essential” travellers are permitted to cross the border. The distinction between essential and non-essential travel can be murky, so if you are looking to travel to Canada during the COVID-19 pandemic, it is important to be prepared to justify why you should be allowed entry into Canada. Further, the travel restrictions are slightly different depending on if you are travelling to Canada from the U.S. or from anywhere else in the world.

Travellers to Canada from the U.S.

  • Foreign nationals are prohibited from entry if travelling for “optional or discretionary purpose”, such as tourism, recreation or entertainment.
  • Exemptions include:
    • If entering for work:
      • Work travel must be viewed as non-optional, and CBSA officers retain a large amount of discretion when making the decision to admit you into Canada. For this reason, it is important to be prepared to justify why you, and your entry into Canada, are essential.
      • Those entering Canada from the U.S. can apply for a work permit at the port of entry.

Travellers to Canada from Outside the U.S.

  • There is a blanket prohibition on travel to Canada from outside the U.S. except for those who fit within the following exemptions:
    • Immediate family members of a Canadian citizen or permanent resident;
    • An immediate family member of a foreign national resident of Canada (an authorization letter from IRCC is required);
    • Work permit holders or holders of a work permit approval notice:
      • Unlike those coming from the U.S., if you are visa-exempt you can no longer apply for a permit at the port of entry. You must be pre-approved for a work permit at a consulate prior to entry.
    • Study permit holders or holders of study permit approval notice issued before March 18, 2020;
    • Those deemed by the Public Health Agency of Canada to provide an essential service;
    • Those whose presence is deemed by a Designated Minister to be in the national interest:
      • A foreign national can request a pre-opinion from a Designated Minister to determine if their presence is of national interest;
      • This exemption is extremely discretionary and made on a case by case basis by the Designated Minister.

Quarantine Procedure Upon Entry Into Canada

All persons entering Canada must isolate for 14 days. This quarantine procedure applies to all people, regardless of citizenship or status in Canada. If you are allowed entry into Canada, you must quarantine in order to comply with the law. Upon arrival at the port of entry, you must be able to present a credible quarantine plan to CBSA. Further, CBSA may check up on you to see if you are quarantining properly. If they do decide to check up on you, they will likely call you, but in rare cases, they have been known to check up on people in person. If you do not follow the quarantine procedures, you could be fined up to $1,000,000 and charged criminally.

The following classes of people are exempt from the quarantine rules:

  • Part of a deemed class of persons, including:
    • Persons in trade or transportation;
    • Persons who must cross the border regularly for employment, including critical infrastructure workers;
    • Technicians/specialists required to inspect, maintain, or repair equipment necessary to support critical infrastructure;
      • You must prove to the department of health that you satisfy these exemptions;
  • Those who are determined exempt by a quarantine officer at the port of entry (this is discretionary).

How We Can Help

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.

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COVID-19 Immigration & Travel Issues

Considerations for Canadians Looking to Travel to the U.S.

The Canada-U.S. border closure has officially been extended until at least July 21 for non-essential travellers. Prime Minister Trudeau announced the news on June 16, saying:

“This is an important decision that will keep people in both of our countries safe”

While the Canada-U.S. border is ostensibly officially closed apart from the Canadian Border Services Agency exceptions, in reality only the land border is closed. If Canadians want to travel to the U.S. and they are worried they will not fit into a recognized exception, they can simply fly instead of drive. United States Customs and Border Protect has indicated that its travel restrictions apply only to Canadians trying to enter the U.S. at a land border crossing, which includes travel by car, train, ferry and pleasure boats. Canadian air passengers can still enter the U.S. as long as they have not visited certain other countries in the last 14 days before their arrival to the U.S.

Further, the U.S. 14-day self-isolation rules are not applied federally, but rather on a state by state basis. This means that depending on where in the U.S. one travels to, they may have to self-isolate for 14 days, just like travellers coming into Canada have to. For example, people travelling to Hawaii will have to self-isolate for 14 days.

Returning to Canada

If you are considering travelling to the U.S. right now, there are many things you should take into account before making the ultimate decision to travel. For instance, if you are not a Canadian citizen or permanent legal resident, you may be turned away when trying to re-enter Canada after your trip. Also, if you are allowed into Canada, you will need to have a 14-day self-isolation plan and adhere to it, or you may be at risk of fines or even jail time. So, even if you are travelling to a U.S. state that does not require self-isolation, you have to be prepared to self-isolate upon return to Canada.

Insurance Considerations

Another consideration you should make is insurance for your trip, both cancellation and medical. At this point in time, insurance providers consider the virus to be a “known” issue, and therefore you may not be able to obtain cancellation insurance depending on your insurance provider. Further, at least five Canadian insurance providers have indicated internally that they will factor in the government travel advisory when customers make claims. Also, it is likely that Canadians who travel outside of Canada will not have medical coverage if they contract COVID-19. Insurance providers have made it clear that they will not pay for COVID-19 related medical coverage which could leave travellers who contract the virus with hundreds of thousands of dollars of debt if they have to be treated in a foreign country.

While travel to other countries, including the U.S., for non-essential purposes is technically allowed, it still is not recommended because of the health and monetary related risks that come with international travel at this point. Especially given the recent exceptions to the essential rules that have recently come out. If the COVID-19 situation continues to improve, it is likely that border restrictions will be lifted and the risk of travelling will decrease. However, if there is a second spike in COVID-19 cases, as was predicted last month, it would be advisable to wait to travel until the situation is further resolved.

If you do need to travel to the U.S. and think you will not qualify as essential, you should fly there in order to increase your chance of being allowed into the country. If you think you qualify as essential, you can cross at a land border, just know that there is a chance you will not be permitted entry, and the decision is at the discretion of the border agents.

How We Can Help

With the situation being as fluid as it is, it is of the utmost importance to stay informed and make good decisions if you are planning to travel. If you are worried about being able to travel we are here to help.

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 crossing the border or your immigration status in relation to the changing regulations, please reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues

The Evolving US-Canada Border Situation

As of today, the Canada-United States border is still closed to non-essential travel as part of both countries’ responses to the COVID-19 pandemic. However, the border situation is constantly changing, and some restrictions are lifting while at the same time others are potentially being extended.

Border Closure Extension

Officially, the border is to remain closed to non-essential travel until June 21. Discussions have been taking place as the agreed-upon deadline approaches, with Canada and the United States reportedly agreeing to extend the closure until late July. Although not confirmed by either country at this time, sources say that the border closure will be extended, as both Canada and the United States say the current deal between the two nations to reduce the spread of COVID-19 is working well.

Family Member Exception

Even if the border remains closed until late July, the Canadian government has started to relax regulations. On June 8 it was announced that the government will begin allowing family members who have been separated by the COVID-19 travel regulations to enter Canada. This news follows many stories in the past few weeks about families separated by the border.

 Regarding the change in policy, Prime Minister Trudeau said:

“We are bringing in a limited exemption to allow immediate family members of citizens or permanent residents to come to Canada. This is an incredibly difficult time to be apart from a spouse, a child, or mom or dad.”

The Prime Minister further warned that anyone entering the country will have to self-quarantine for 14 days and that failure to comply with the quarantine rules could result in “serious penalties”. Complying with the quarantine rules is the best way to stay healthy and avoid any potential fines.

People Included Under the Exception

Although the new policy represents a slight relaxation of the COVID-19 restrictions, the government is still worried about the spread of the virus. The exception dictates that people who have COVID-19, exhibit symptoms of COVID-19, or have a reason to believe they have contracted COVID-19 will not be allowed into Canada, and will not fall under the new exception. Foreign nationals who meet the aforementioned criteria will be admitted to Canada if entering to be with an immediate family member for a period of at least 15 days.

Before travelling to Canada, it is important to understand what immediate family member means. The Canadian Border Services Agency defines immediate family member as a person’s:

  1. Spouse or common-law partner;
  2. Dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, or a dependent child of the person’s spouse or common-law partner;
  3. Dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations of a dependent child referred to in paragraph (b);
  4. Parent or step-parent of the parent or step-parent of the person’s spouse or common-law partner;
  5. Guardian or tutor.

Under section 2 of the Immigration and Refugee Protection Regulations, a dependent child means a child who is the biological child of a parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or is the adopted child of the parent. Further, the child must either be less than 22 years old or financially dependent on their parent due to a physical or mental condition if they are 22 years of age or older.

The announcement from the Canadian Border Services Agency explicitly states that this change does not apply to immediate family members of temporary residents in Canada, such as those on student or work visas. Further, the immediate family member will need to confirm that they have a suitable place to quarantine for 14 days where they will have access to basic necessities and not have contact with vulnerable people such as adults aged 65 or older unless the vulnerable person is a consenting adult or is the parent or minor in a parent-minor relationship. Travellers to Canada must have a quarantine plan in place before they arrive in Canada. There can be severe penalties for failure to quarantine properly, so it is imperative that prospective travellers make sure they will be able to quarantine.

How We Can Help

With the everchanging regulations, it is important now more than ever to stay up to date on the situation and receive advice if you are planning to travel. If you are worried about being turned away at the border, we are here to help.

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 your potential classification as essential or about how you should comply with the changing regulations, please reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues Work Permits

Travelling to Canada During COVID-19: Who Qualifies as Essential?

As announced earlier this month, the Canada-United States border will remain closed to all non-essential travel until June 21 at the earliest. This means that while travel is restricted, the border is not completely closed, as personnel deemed to be essential can still cross the border. People have still been coming into Canada from abroad, albeit in much smaller quantities compared to before the ban was imposed.

In the time period from the initial border closure on March 23 to the date of this posting, approximately 200,000 international travellers have landed at Canadian airports, including approximately 76,000 Americans. Although these numbers may seem large, especially when our borders are supposed to be all but closed to non-essential travel, the number of travellers let in during this time period represents a 97-99% decrease from last year’s number of visitors to Canada over the same time period in 2019.

What is Non-Essential Travel?

Before attempting to travel to Canada, it is important to take note of the Canadian Border Services Agency examples of non-essential travel. Some examples of non-essential travel that may result in travellers being returned to the United States at the border include:

  • Visiting family, friends, a girlfriend, boyfriend or fiancé;
  • Attending a party or celebration;
  • Going to a restaurant for take-out;
  • Driving in transit for the purpose of taking a shortcut through Canada to get to a U.S. destination faster
  • Sightseeing;
  • Fishing or hunting; and
  • Opening or checking on a cottage or seasonal home.

This list is not necessarily exhaustive and entry to Canada may be barred for other reasons, if the purpose of the travel is deemed by the Canadian Border Services Agency to be non-essential. However, if you are a Canadian citizen or permanent resident, you have the right to enter Canada but must isolate for 14 days following entry.

Mandatory 14-Day Self Isolation Period

Anyone entering Canada during the restricted border period must have a plan to quarantine for 14 days, regardless of the presence of the characteristic symptoms of COVID-19. There are penalties for not following a quarantine plan, which may include:

  • A fine of up to $750,000
  • Six months of jail time
  • Being found inadmissible, removed from Canada and banned from entering for 1 year

Police officers have checked up on around 2,200 Canadians who are supposed to be in self-isolation since returning from abroad. The monitoring of travellers coming back to Canada may be increased based on comments Prime Minister Trudeau made recently:

“[W]e need to do more to ensure that travellers who are coming back from overseas or from the United States … are properly followed up on, are properly isolated and don’t become further vectors for the spread of COVID-19.”

Although no arrests have been made, it is important to adhere to the 14-day self-isolation as there could be both serious legal and health consequences for breaking self-isolation.

What is Essential Travel?

Essential travel refers to travel for reasons that are non-discretionary and non-optional. Some examples of essential travel purposes include:

  • Work and study
  • Critical infrastructure support
  • Economic services and supply chains
  • Shopping for essential goods, such as:
    • Medication
    • Items necessary for the health and safety of an individual or family
  • Health, immediate medical care, safety and security

Other categories of people that are considered essential and exempt from the travel restrictions provided they do not show COVID-19 symptoms include people who are making medical deliveries required for patient care, work in the trade and construction sector who are important for the movement of goods and people, cross the border regularly to go to work and those who have to cross the border to provide or receive essential services.

International Students

International students who have a valid study permit are considered exempt from the travel restrictions and will be able to enter Canada as long as they comply with certain conditions. International students will be subject to a health check by an airline official to ensure that they do not show signs of COVID-19, they must comply with the 14-day quarantine period after arrival in Canada and they must bring their valid study permit.

Visitor Visas

Despite the travel restrictions caused by COVID-19, visitor visas to Canada are still being processed. However, on the visitor visa application, the applicant must specify if they qualify for an exemption from travel restrictions or that their travel to Canada is essential in order for their visitor visa application to be processed. The process for receiving a visitor visa has become more stringent as a result of COVID-19.

How We Can Help

Being turned away at the border can be very costly in terms of both money and time, so advice from a legal team experienced in both Canadian and U.S. immigration law is essential. If you have doubts about whether you should be classified as essential or non-essential we are here to help.

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 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.