Author: Kranc Associates

In the ever-updating COVID-related pronouncements from Immigration Canada, one new announcement has just been released relating to foreign workers already in Canada, who seek to change jobs.

In ordinary times, a foreign worker already working in Canada with a named employer could not change jobs unless and until he/she received a new work permit naming the new employer. That new work permit would require an underlying new qualifying offer of employment from a new employer, either through an LMIA, or based on an LMIA exception (e.g. NAFTA Professional).

Effective immediately, a foreign worker who is already working in Canada may now start work with a new employer, even though the application for a new work permit is still in process.

Note that to take advantage of this policy, a form of electronic application must still be made to seek the exemption, but it will take no longer than 10 days (versus 10 weeks, or more, for the full work permit application).

Some fine print:

• Foreign workers on implied status are eligible for this program
• Foreign workers who hold a work permit but who are not currently working for the original named employer (e.g. due to layoff) are eligible for this program.
• Foreign workers who are work permit exempt but need a work permit for a new position or employer are eligible for this program. This could include, e.g. foreign journalists, athletes, clergy, and a number of other prescribed work permit exempt categories.
  • The one exception to the above is those working in Canada as business visitors (or who are exempt from a work permit based on a short term assignment pursuant to the Global Skills Strategy). To be clear, business visitors are NOT eligible for this program.
• To qualify, the foreign worker must have submitted a ‘regular’ new work permit application which is in process
• Biometrics are waived if there is no open Service Canada office in the person’s area processing such biometrics.

This is brand new, and as always, there will be a learning curve, but this does seem to be good news. One thing which this policy does not seem to change is that where a new employer needs an LMIA to hire the foreign worker, there is no indication that the LMIA application itself gives rise to the foreign worker’s ability to utilize the program. He/She must await the outcome of the LMIA before being able to move forward. We are seeking to confirm this with government authorities, but for now, a plain reading of the provisions does not give rise to the availability of the program until after an LMIA is secured, where required.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

When an employer brings a foreign worker to Canada, the employer is required to commit to certain requirements as part of the process. The commitments include confirmations that the employer will pay the employee what is being promised, that working conditions will be appropriate, and that the employer will comply with legal requirements that would impact the workplace, and by extension, the foreign worker.

In light of the COVID-19 situation, the government has issued additional guidelines for employers of foreign workers.

The full guidelines can be found at:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance/covid-guidance.html.

Employers should ensure that they consider all the elements there, in order to remain compliant. Non-compliance can have serious consequences.

Some highlights of the guidelines include:

• Newly-arriving foreign workers must self-isolate for 14 days before being allowed to visit a place of business.
• The foreign worker’s period of employment begins on arrival, and includes the period of self-isolation. As such, employers must comply with all applicable requirements vis-à-vis the employee (salary, etc.) from time of arrival, not conclusion of self-isolation.
• In the event that any foreign worker in self-isolation shows symptoms of COVID-19, the employer must arrange for the complete isolation of that person from others, and contact local health officials.
• Violations of the self-isolation are to be reported to local law enforcement.
• Employers are expected to follow all public health requirements/guidance as announced by the federal or a provincial government.

Yet again, employers should make themselves aware of the full set of requirements as set out at the web site linked above. It is the employer’s responsibility to comply with all COVID-related requirements, in addition to otherwise applicable requirements that employers have toward foreign workers.

We will continue to provide COVID-related immigration news as it evolves, along with any other pertinent information that impacts employers of foreign workers, and the foreign workers themselves.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

 

Effective April 30, 2020, government fees for various Canadian permanent residence applications will be increasing. Specifically (in $CDN):

• Economic Class principal applicants’ fees will go from $550 to $825.
  • This includes all Express Entry categories, comprised of the Canadian Experience Class, Federal Skilled Workers, and the Federal Skilled Trades Program.
  • This also includes federal applications after provincial selection/nomination.
  • There is an exception for caregivers, whose fees will remain at $550.
• Business Class principal applicants’ fees will increase from $1,050 to $1,575.
• Spousal/Common Law Partner applicants’ fees in the above categories will go from $550 to $825.
• The Right of Permanent Residence Fee (ROPR) will increase from $490 to $500.
  • This is an additional fee paid by all adult permanent residence applicants, in all the above cases.
  • In all non-Business Class cases, the combined impact of the increase to application and ROPR fees is a rise from $1,040 to $1,325.
  • In Business Class principal cases, the combined impact of the increase to application and ROPR fees is a rise from $1,590 to $2,075.
• Dependent children’s application fees in all above cases will go from $150 to $225.

The above represent 50% fee increases in all pertinent categories, except for the ROPR which is a 2% increase.

No fee increases in any categories other than those above are to be implemented at this time.

The government has also made provision for future increases based on increases to the Consumer Price Index, and we will apprise readers of those amounts as they are announced in the future.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Further to other recent issues of ImmPulse™, we wish to provide you with the latest implications of COVID-19 vis-à-vis Canadian immigration. We must continue to indicate that considerations remain ‘fluid’. Definitive guidance from Canadian authorities is not always available at this time. Further, individual officers (and even airline personnel in some cases) are making decisions which are inconsistent with each other, and with government pronouncements.

(A) Issues Canvassed by this Alert

In accordance with our mandate, and the interests of our readers, our focus in this alert continues to be on issues related to foreign workers seeking to work, or continue to work, in Canada.  Information herein is in a similar format to our last issue of ImmPulse™, but the substance is updated.

(B) Current Immigration System Status

The overall Canadian immigration system remains open. There are, however, caveats. Important issues to consider are:

• Migration Offices (Canadian Embassies, High Commissions and Consulates that undertake immigration processing, as well as inland centres) continue to function, though again, at a slower pace, given staff reductions, etc. [Again, we are speaking of processing with regard to work related issues; other areas of processing may be halted or curtailed.]
• However, certain ancillary functions are impacted, which in turn could impact immigration processing. For instance, Visa Application Centres (VACs), which are non-governmental offices that assist Migration Offices in various processes, are generally closed. These offices would typically process biometric requirements needed for visa applications, so without that, any visa application would be on hold.
• The Canadian government recognizes the issue, and is extending deadlines for provision of biometrics, but non-the-less, applications will not finalize until the ancillary issues can move forward.
• Each case must be considered individually, but assuming that travel will at some point reopen, it would generally still be worthwhile to file or continue to process an application, rather than wait for travel to resume, only to be at the back of the queue.
• Ports of Entry remain open, but service hours at various land border crossings have been reduced. A list of ports and hours of operation, can be found at https://bit.ly/2K9UFDW.

(C) Ability to Work in Canada Generally

We would firstly note generally, that as per the Immigration, Refugees and Citizenship Canada (IRCC) pronouncements:

• “All temporary foreign workers are exempt from travel restrictions and can travel to Canada by air or land.”

This is a broad statement, but on its face, it appears that foreign workers can continue to enter Canada. However, there are certainly caveats.

• Though still open to interpretation by various officers, it would appear that as of this time, in a situation where there is a non-visa national seeking a work permit, an application would be made upon arrival. Note though that based on further pronouncements, and the de facto situation vis-à-vis entry from the United States vs. other countries, foreign nationals seeking to come to Canada from anywhere other than the U.S. will need a work permit or approval letter before seeking to travel. [Non-visa nationals other than Americans who happen to be in the U.S. could still seek a work permit at a port of entry.]
• As will be further discussed below, the ability to enter Canada at this time generally, is often dictated by whether the activity is ‘essential’. Though the above-noted IRCC pronouncement does not indicate any such restriction, it may seemingly still be important to show that a person’s presence in Canada is important, even if not in the sense of medical equipment or food chain supplies. It would seem worthwhile, in addition to any other application materials that may otherwise be advisable in a particular case, to have a letter/documentation showing why this person is ‘essential’ (important), at the very least to that business or that operation. For instance, a particular worker’s task as part of a crew may be essential to the operation of a manufacturing facility. An I.T. worker’s input may be crucial for the continued operation of a particular business.
• Assuming for now that non-visa foreign workers can still make application at a port of entry, it would also seem logical that this would include Business Visitors. Business Visitors are not non-workers. Rather, they are workers who simply do not need a work permit. However, given the common perception of Business Visitors as non-workers, this may be more difficult.

(D) Ability to Travel to Canada

Related, though in a sense separate from the right to seek a work permit, is the physical ability to travel to Canada. As such, in addition to the foregoing, there are considerations for travel, which in the end, may dictate the reality of getting to Canada at this time. There are breakdowns based on travel by air vs. travel by land.

(D)(1) Travel by Air

Within considerations of travel by air, are breakdowns of flying from the U.S., and flying from any other location. We will look at issues mutually impacting these issues, and thereafter, issues relating to the U.S. vs. other locations.

(D)(1)(i) Measures Impacting Foreign Workers from Either the United States or Other Countries

• Anyone exhibiting signs or symptoms of coughing, fever, or trouble breathing, will be barred from entry to Canada.
• ‘Discretionary’ entry – essentially tourism – is prohibited
• Other than certain ‘essential services’, travelers are required to self-isolate for 14 days upon entry.
  • It may be worthwhile for applicants to produce some kind of documentation from their employer or otherwise confirming their need to be in Canada, and a self-isolation plan.
• Though there is no definitive definition of ‘essential’, certain pronouncements would indicate that the following are considered essential, and as such, exempt from the self-isolation requirements:

• • providers of emergency services (includes firefighters and medical service providers)
  • persons permitted to work as a student in a health field including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field
  • workers in the marine transportation sector who are essential for the movement of goods by vessel
  • persons who seek to enter Canada for the purpose of delivering, maintaining, or repairing medically necessary equipment or devices
  • persons who seek to enter Canada for the purpose of making medical deliveries of cells, blood and blood products, tissues, organs or other body parts that are required for patient care in Canada
  • NOC 6331 – Butchers, meat cutters and fishmongers – retail and wholesale
  • NOC 7511 – Transport truck drivers
  • NOC 8252 – Agricultural service contractors, farm supervisors and specialized livestock workers
  • NOC 8431 – General farm workers
  • NOC 8432 – Nursery and greenhouse workers
  • NOC 8611 – Harvesting labourers
  • NOC 9463 – Fish and seafood plant workers
  • NOC 9617 – Labourers in food, beverage and associated products processing
  • NOC 9618 – Labourers in fish and seafood processing
  • NOC 9462 – Industrial butchers and meat cutters, poultry preparers and related workers

(D)(1)(ii) Measures Impacting Foreign Workers from the United States (in addition to those in item (D)(1)(i))

• Note that this relates to persons in the United States – not necessarily U.S. citizens.
• Notwithstanding allowances for entry, no foreign national may enter Canada if they have been in a country other than the United States (or Canada) in the 14 days prior to seeking entry.

 (D)(1)(iii) Measures Impacting Foreign Workers from Countries Other than the United States (in addition to those in item (D)(1)(i))

• Foreign Nationals already holding work permits (or approvals from visa posts) will be permitted to travel
  • Note that an approved LMIA or IMWU opinion does not permit a foreign national to travel
• Certain other exemptions apply including:
  • A licenced health care professional with proof of employment in Canada.
  • Those providing an essential service (see above).
  • Those delivering, maintaining, or repairing medically-necessary equipment or devices.
  • Those who make medical deliveries of cells, blood, tissues, organs or other party parts required for patient care in Canada.
  • A marine transaction worker essential for the movement of goods by vessel.
  • Those deemed to be coming in the national interest (for which an authorization would need to be sought).
• The order is in effect until June 30, 2020 (unless extended)

(D)(2) Travel by Land

• Note that this relates to persons in the United States – not necessarily U.S. citizens.
• Anyone exhibiting signs or symptoms of coughing, fever, or trouble breathing, will be barred from entry to Canada.
• Notwithstanding allowances for entry, no foreign national may enter Canada if they have been in a country other than the United States (or Canada) in the 14 days prior to seeking entry.
• ‘Discretionary’ entry – essentially tourism – is prohibited
• Other than certain ‘essential services’ (see above, under Travel by Air) e.g. truck drivers bringing medical supplies), travelers are required to self-isolate for 14 days upon entry.
  1. It may be worthwhile for applicants to produce some kind of documentation from their employer or otherwise confirming their need to be in Canada, and a self-isolation plan.

(E) Workers Already in Canada

• Those in Canada will be permitted to extend their status.
  1. Ordinary rules apply for those seeking to extend
     1. before current work permit expiry (implied status), and
     2. within 90 days of work permit expiry (restoration).
  2. For those beyond 90 days of expiry, they may still be able to seek a Temporary Resident Permit, explaining the need to remain.
  3. Those in Canada whose purpose has concluded (e.g. no longer expecting to work), application can be made to change status (e.g. to visitor), again, with explanation.
• Flagpoling (i.e. exiting Canada briefly for the purpose of making some form of immigration application upon re-entry) SHOULD NOT be attempted. Flagpoling is, in essence, an entry to Canada, and issues above re entry to Canada will be imposed, notwithstanding that the exit from Canada was momentary.

(F) Dependents of Foreign Workers

• Spouses with work permits and children with study permits should be allowed to accompany a foreign worker. Those on visitor records only will require a letter from a consular officer to allow for travel.

(G) General

We must again caution that this information is subject to interpretation, and that various variables in the system (in terms of pronouncements and those that implement them) may dictate implementation. Further still, the situation remains fluid and subject to change. We will seek to keep our readers updated, but have sought herein to provide our summary of issues that seem pertinent in the realm of corporate immigration.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Purpose of this Alert

Immigration, Refugees and Citizenship Canada (IRCC), [along with other governmental authorities], continue to modify and refine issues vis-à-vis entry to Canada during the COVID-19 period. Pronouncements continue to be made through Orders-in-Council, and as elaborated upon though IRCC online notices. There have been a number of pronouncements over time, some of which have lacked clarity, and some of which, respectfully, seem somewhat inconsistent with each other. Further still, different pronouncements are made under different authorities (e.g. the Quarantine Act vs. the Aeronautics Act), and geared toward different end-users (e.g. airlines vs. work permit applicants) leading to further confusion. And even further still, the practical reality is that sometimes, decisions are made by people such as airline workers whose decisions ultimately limit the ability to make proper arguments before immigration officers or other officials. With this alert, we hope to compile and codify the current state of affairs based on information available as of this time.

WE CAUTION THAT EVEN WITH THIS SUMMATION, SOME AMBIGUITY REMAINS, AND SPECIFIC ISSUES MAY COME DOWN TO SPECIFIC OFFICIALS’ INTERPRETATIONS. SEEK APPROPRIATE COUNSEL FOR ANY SPECIFIC SITUATION.

Specific Issues Canvassed by This Alert – Work

For our purposes, we are looking at the issues for people seeking to work in Canada (there are also pronouncements that impact other groups including students, prospective permanent residents, and other groups, but we are focusing here on workers at this time).

The Canadian Immigration System is Functioning

Though perhaps slower than usual, and with certain hurdles, the Canadian immigration infrastructure continues to function.

• Migration Offices (Canadian Embassies, High Commissions and Consulates that undertake immigration processing, as well as inland centres) continue to function, though again, at a slower pace, given staff reductions, etc.
• That being said, certain ancillary functions are impacted, which in turn could impact immigration processing. For instance, Visa Application Centres (VACs), which are non-governmental offices that assist Migration Offices in various processes, are generally closed. These offices would typically process biometric requirements needed for visa applications, so without that, any visa application would be on hold.
• The Canadian government recognizes the issue, and is extending deadlines for provision of biometrics, but non-the-less, applications will not finalize until the ancillary issues can move forward.
• Each case must be considered individually, but assuming that travel will at some point reopen, it would generally still be worthwhile to file or continue to process an application, rather than wait for travel to resume, only to be at the back of the queue.

Ability to Work in Canada Generally

We would firstly note generally, that as per the Immigration, Refugees and Citizenship Canada (IRCC) web site on March 30, 2020:

• “All temporary foreign workers are exempt from travel restrictions and can travel to Canada by air or land.”

This is a broad statement, but on its face, it appears that foreign workers can continue to enter Canada. However, there are certainly caveats.

• The first thing which is not fully clear, and for which clarification is being sought, is whether a foreign worker is only one who already holds a work permit (which a separate pronouncement, discussed below, indicates), or a ‘prospective’ foreign worker. Certainly, in a situation where there is a non-visa national seeking an International Mobility Program (IMP – non-LMIA), an application would be made upon arrival. Based on the above, it would seem incongruous to say that this person cannot seek a work permit at a port of entry, as he/she would have done before. Further guidance in this regard will be provided, however, anecdotally, we are being advised that such port of entry applications are being processed.
• As will be further discussed below, the ability to enter Canada at this time is often dictated by whether the activity is ‘essential’. Though this IRCC pronouncement does not indicate any such restriction, it may seemingly still be important to show that a person’s presence in Canada is important, even if not in the sense of medical equipment or food chain supplies. Though this is not fully expounded upon, it would be worthwhile, in addition to any other application materials that may otherwise be advisable in a particular case, to have a letter/documentation showing why this person is ‘essential’ (important), at the very least to that business or that operation. For instance, a particular worker’s task as part of a crew may be essential to the operation of a manufacturing facility. An I.T. worker’s input may be crucial for the continued operation of a particular business.
• Assuming for now that non-visa foreign workers can still make application at a port of entry, it would also seem logical that this would include Business Visitors. Business Visitors are not non-workers. Rather, they are workers who simply do not need a work permit.

Ability to Travel to Canada

Related, though in a sense separate from the right to seek a work permit, is the physical ability to travel to Canada. As such, in addition to the foregoing, there are considerations for travel, which in the end, may dictate the reality of getting to Canada at this time. There are breakdowns based on travel by air vs. travel by land.

(A) Travel by Air

Within considerations of travel by air, are breakdowns of flying from the U.S., and flying from any other location. We will look at issues mutually impacting these issues, and thereafter, issues relating to the U.S. vs. other locations.

(A)(i) Measures Impacting Foreign Workers from Either the United States or Other Countries

• Anyone exhibiting signs or symptoms of coughing, fever, or trouble breathing, will be barred from entry to Canada.
• ‘Discretionary’ entry – essentially tourism – is prohibited
• Other than certain ‘essential services’ (e.g. marine operators bringing medical supplies), travelers are required to self-isolate for 14 days upon entry. [Note that essential in this sense is more about direct impact on life – e.g., food, medical supplies, etc. Argument can be made that a particular person’s duties are such that the need for self-isolation should be waived.]
  • It may be worthwhile for applicants to produce some kind of documentation from their employer or otherwise confirming their need to be in Canada, and a self-isolation plan.

(A)(ii) Measures Impacting Foreign Workers from the United States (in addition to those in item (A)(i)

• Note that this relates to persons in the United States – not necessarily U.S. citizens.
• Notwithstanding allowances for entry, no foreign national may enter Canada if they have been in a country other than the United States (or Canada) in the 14 days prior to seeking entry.
• The order is in effect until April 21, 2020 (unless extended)

(A)(iii) Measures Impacting Foreign Workers from Countries Other than the United States (in addition to those in item (A)(i)

• Foreign Nationals already holding work permits (or approvals from visa posts) will be permitted to travel
  • Note that an approved LMIA or IMWU opinion does not permit a foreign national to travel
• Certain other exemptions apply including:
  • A licenced health care professional with proof of employment in Canada.
  • Those providing an essential service.
  • Those delivering, maintaining, or repairing medically-necessary equipment or devices.
  • Those who make medical deliveries of cells, blood, tissues, organs or other party parts required for patient care in Canada.
  • A marine transaction worker essential for the movement of goods by vessel.
  • Those deemed to be coming in the national interest (for which an authorization would need to be sought).
• The order is in effect until June 30, 2020 (unless extended)

(B) Travel by Land

• Note that this relates to persons in the United States – not necessarily U.S. citizens.
• Anyone exhibiting signs or symptoms of coughing, fever, or trouble breathing, will be barred from entry to Canada.
• Notwithstanding allowances for entry, no foreign national may enter Canada if they have been in a country other than the United States (or Canada) in the 14 days prior to seeking entry.
• ‘Discretionary’ entry – essentially tourism – is prohibited
• Other than certain ‘essential services’ (e.g. truck drivers bringing medical supplies), travelers are required to self-isolate for 14 days upon entry. [Note that essential in this sense is more about direct impact on life – e.g., food, medical supplies, etc. Argument can be made that a particular person’s duties are such that the need for self-isolation should be waived.]
  1. It may be worthwhile for applicants to produce some kind of documentation from their employer or otherwise confirming their need to be in Canada, and a self-isolation plan.

(C) Workers Already in Canada

• Those in Canada will be permitted to extend their status.
  1. Ordinary rules apply for those seeking to extend
     1. before current work permit expiry (implied status), and
     2. within 90 days of work permit expiry (restoration).
  2. For those beyond 90 days of expiry, they may still be able to seek a Temporary Resident Permit, explaining the need to remain.
  3. Those in Canada whose purpose has concluded (e.g. no longer expecting to work), application can be made to change status (e.g. to visitor), again, with explanation.
• Flagpoling (i.e. exiting Canada briefly for the purpose of making some form of immigration application upon re-entry) SHOULD NOT be attempted. Flagpoling is, in essence, an entry to Canada, and issues above re entry to Canada will be imposed, notwithstanding that the exit from Canada was momentary.

(D) Dependents of Foreign Workers

• Spouses with work permits and children with study permits should be allowed to accompany a foreign worker. Those on visitor records only will require a letter from a consular officer to allow for travel.

We must caution again that this information is subject to interpretation, and that various variables in the system (in terms of pronouncements and those that implement them) may dictate implementation. Further still, the situation remains fluid and subject to change. We will seek to keep our readers updated, but have sought herein to provide our summary of issues that seem pertinent in the realm of corporate immigration.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Canadian immigration authorities continue to update their instructions in view of the ongoing COVID-19 situation, and continue to provide interpretation of general pronouncements made previously.

Canadian immigration authorities had previously indicated that only essential travel to Canada would be permitted. They have now provided clarification vis-à-vis ‘essential’ travel to Canada, but have also indicated that the exemptions are not yet in effect – they are expected to take effect later this week.

Note that in that regard, they have distinguished between air travel, and land-border crossing.

Entering Canada by Air

With regard to air travel, exemptions from restrictions will apply to “foreign nationals who have already committed to working, studying or making Canada their home”. This would appear to indicate that people who have already been approved for some form of permit or permanent residence visa may enter Canada by air.

Entering Canada at a Land Border Crossing

With regard to people entering Canada through land border crossings in work-related situations, exemptions from the restrictions include:

• seasonal agricultural workers, fish/seafood workers, caregivers and all other temporary foreign workers (emphasis added – see below).

  Note as well that:

  • Recruitment for LMIAs for agricultural and food processing workers is waived for the next 6 months.
  • It appears as well that the exemption for agricultural, fish/seafood workers will be applied to air travel as well.
  • Low-Wage LMIA based work permits will now be allowed for 2 years, rather than the previous cap of 1 year.
  • All those entering will still be required to isolate for 14 days.

With regard to “all other temporary foreign workers”, this seems to imply that anyone seeking a work permit may continue to enter via a land border. Though the term ‘temporary foreign worker’ seems to imply any foreign national coming to work in Canada, note that there may be some question in this regard.

• Canadian law distinguishes between the ‘temporary foreign worker program’, and the ‘international mobility program’. The former provides work permits for workers whose positions are to be filled based on LMIAs. The latter provides work permits for workers whose situations are exempt from LMIAs (e.g. intra-company transfers or NAFTA professionals). We are hopeful that the term used encompasses members of both programs, but the terminology may lead to some ambiguity.
• There are various people who may work in Canada without a work permit – for instance, clergy, foreign reporters, and perhaps most notably, business visitors. Despite belief by many to the contrary, Canadian law does not say that business visitors are people who are not working in Canada; rather, it says that they are working in Canada but are entitled to do so without a work permit. As such, it is arguable that a business visitor is exempt (and can travel) under these guidelines.

Guidance re non-worker situations provides that:

• international students who held a valid study permit, or had been approved for a study permit, when the travel restrictions took effect on March 18, 2020.
• permanent resident applicants who had been approved for permanent residence before the travel restrictions were announced on March 16, 2020, but who had not yet travelled to Canada.

We caution that even the new guidance does not provide definitive direction for all situations, and specific officers may apply different standards in different situations, but we trust that the information provided herein is of value. People impacted by the above (employers or employees [or others]) should seek appropriate counsel.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

The situation with regard to COVID-19 and Canadian immigration matters remains fluid, and in many ways, undefined. In addition to other travel bans as set out in our prior alerts, the United States and Canada agreed today to restrict all “non-essential” travel between the two countries.

Unfortunately, there appears as yet to be any authoritative or legal interpretation of the term ‘essential’. Other than ordinary visitors, there is no clear-cut advice on whether U.S. workers can enter Canada. There is also no definitive time frame set for the implementation of the new ban (though it would be very soon – likely within hours, but at most, a day or two).

There are varying reports on the issues. One unconfirmed report indicates that Canada’s Minister of Public Safety has indicated that foreign workers will not be banned provided that they have been in the United States for the last 14 days.  We stress that this is unconfirmed, but may represent a reasonable approach given that foreign workers are indeed typically ‘essential’, which is why they are needed to work in Canada.

We also reiterate that for now, visa processing offices remain generally open, though in many cases short-staffed or otherwise working below capacity, and as such, subject to obvious delays. We cannot say if this will change, but on the expectation that travel bans will at some point be lifted, those requiring visas would not necessarily wish to terminate their applications, so as to remain in queue.

We will continue to post relevant information as it becomes available.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Canada today announced that travel to Canada will be restricted to certain foreign nationals, effective March 18, 2020.

Here are some of the salient details of the restrictions to be implemented, and the exceptions thereto:

• Canadian borders will to be closed to all Foreign nationals (students, workers, visitors) who are not Canadian citizens or permanent residents.
  • immediate family members of citizens or permanent resident will be permitted entry.
• Any passenger with COVID-19 symptoms; they will be barred from boarding a flight, regardless of status/nationality. Travelers arriving from international locations must self-isolate for 14 days.
• International flights will be permitted to land only at the international airports in Montreal, Toronto, Calgary and Vancouver (domestic flights and flights from U.S., Mexico, the Caribbean, and Saint Pierre and Miquelon will not be impacted)

• Exceptions to the travel ban will be in place for:

• U.S. citizens
• Diplomats
• Crew (truck drivers, air crew, trains, professions requiring cross-border travel, other necessary essential service workers to be considered)

We do note that as of now, there was no specific announcement that any immigration processing would be halted; there is a difference between the legal processes – which can continue – and the ability to travel. (Hopefully, the travel ban will be lifted in the near future, and the legal right to travel to Canada granted by any visa would be useful again.) That being said, and in accordance with prior information we have provided, processing has slowed, and updates to issues affecting processing can be found at https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-special-measures.html.

The situation is certainly fluid, and we will continue to seek to provide our followers with relevant information as updates occur.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

As the world continues to grapple with coronavirus (also known as COVID-19), Canada’s immigration authorities continue to adjust service delivery issues. Even with the best of intentions, the reality for now is that Canadian immigration authorities are lagging behind, and will continue to lag behind, in service delivery. Visa Application Centres in various places have been closed, visa post staffing has been downsized, and the immigration service delivery network in general has seen reduced functionality.

That being said, some of the measures currently in place include:

• Special instructions for citizens of China, Iran, and South Korea
• Automatic extensions to allow for late provision of documents in support of temporary visa applications (including work, study, or temporary resident visas)
• Lenient consideration of extension applications by temporary residents in Canada.

Details on how the government is dealing with issues for temporary and permanent residents (and applicants for those statuses), can be found at https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-special-measures.html, and we urge all impacted to review details of the rights and remedies available for any particular situation.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

In view of the Coronavirus/COvid19 outbreak in China, Immigration, Refugees and Citizenship Canada (IRCC) has temporarily closed all Visa Application Centres (VACs), which intake various immigration applications. Canadian visa offices are operating with essential staff only.

This situation obviously greatly impacts the processing of various types of Canadian immigration applications – temporary and permanent. IRCC is taking various measures to mitigate the hardship of the situation. At this time, in terms of temporary matters (workers, students, and visitors), IRCC is processing only urgent applications on a case-by-case basis.

Some considerations for those dealing with temporary immigration issues, caught in this situation, are:

• For those with an urgent matter, an email should be sent to the Canadian visa office at Beijing-immigration@international.gc.ca for consideration.
• Applicants who have sought any kind of temporary status not be penalized for failing to complete required steps in time, which would ordinarily have time limits. Such time limited aspects may include passport submission, taking of a medical exam, or providing biometrics.
• For Chinese nationals temporarily in Canada who cannot return to China due to travel restrictions, an extension can be sought. If status has already expired, then, if within 90 days of expiration, restoration can be sought, and if beyond 90 days of expiration, a temporary resident permit can be sought.

For anyone who might be eligible to apply through a country other than China (e.g. because they are legally situated in a third country), this may be one way to avoid the problem.

Anyone who is impacted by the situation noted above should seek appropriate counselling and take necessary steps in pursuing their matters appropriately.

 

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.