Tag: Non-essential travel

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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

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.