Tag: border closure

Categories
COVID-19 Immigration & Travel Issues Work Permits

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

Plastic figures representing a group of people with one person separated, representing mandatory quarantine

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.

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.

Categories
Work Permits

Canada/U.S. Border Closure Extended to June 21st, 2020

In response to the COVID-19 pandemic, both Prime Minister Trudeau and U.S. President Donald Trump previously announced their decision to close the border by mutual agreement on March 18th, 2020. The policy took effect on March 20th.

When the border closure was first announced, Prime Minister Trudeau indicated that it would be temporary but did not provide an estimate for when the restriction would be lifted.

However, this week, Prime Minister Justin Trudeau announced that the United States had agreed to extend the mutual ban on non-essential border crossings for another 30 days. 

During his announcement on May 19, Trudeau stated: 

“We’ve given ourselves another month before we have to have the right answers to those questions on non-essential travel.

Even now, we know that we need to do more to ensure that travellers who are coming back from overseas or from the United States, as Canadians, are properly followed up on, are properly isolated and don’t become further vectors for the spread of COVID-19.

We’re working closely with the provinces to ensure that arrival of people into Canada — even now, but certainly, once we get to a point where non-essential travel picks up again in the coming months, I guess — we need to have strong measures in place.”

Acting U.S. Department of Homeland Security director Chad Wolf made a similar announcement on the same day, explaining that the U.S. would be extending its border closures with Canada and Mexico by an additional 30 days. He stated:

“The President has made it clear that we must continue to keep legitimate, commercial trade flowing while limiting those seeking to enter our country for non-essential purposes. Non-essential travel will not be permitted until this administration is convinced that doing so is safe and secure.”

Asked about the issue later that day, President Donald Trump stated:

“As things clean up in terms of the ‘plague,’ we’re both going to want to do the normal — we want to get back, everything we want to get back to normal.”

Currently, the United States has over 1.5 million confirmed COVID-19 cases and over 93,000 deaths; Canada has reported 80,102 cases and 6,028 deaths, as of this posting.

While Quebec has been the epicentre of the COVID-19 pandemic in Canada, with approximately 55% of all cases and over 60% of all deaths, Ontario has also been hard hit, representing almost 30% of all Canadian cases and 32% of all deaths. Ontario Premier Doug Ford has expressed his opinion on the continued border closure, stating last week:

“Right now, we’re going to have to keep the borders closed … we just can’t risk it.”

As we previously explained, the border closure prohibits all non-essential travel, such as vacations and cross-border shopping, but allows essential travel without restricting trade, commerce and essential employees. 

Looking Ahead

We do not yet know when the border will reopen to non-essential travellers, but the Prime Minister has not ruled out a further extension beyond June 21st. However, once more travel is permitted, it is expected that additional precautions will be in place.

According to Canada’s Chief Public Health Officer, Dr. Teresa Tam, the current restrictions on travel have been essential to Canada’s ability to flatten the curve during the first wave of the virus. In order to continue in these efforts once the border reopens, it is expected that all people arriving in Canada will be subject to a 14-day quarantine period upon arrival. Given that, it seems like it will be a while yet before causal day or weekend trips across the border will be a feasible option.

Border communities in Canada have reacted positively to the ongoing closure, as essential border crossings have been operating smoothly, while the restrictions have helped to limit the community transmission of COVID-19.

Get Advice

It is a difficult time for all, and the situation is constantly evolving. The immigration lawyers at Garson Immigration Law continue to monitor changes closely and will provide ongoing updates as the situation evolves. If you have questions about how COVID-19 might impact your business’s immediate and long-range immigration needs, or an existing or in-progress work permit, please reach out to the immigration lawyers at Garson Immigration Law by contacting us online or by calling us at 416-321-2860.