Announced travel exemptions are in effect - COVID-19.
Temporary foreign workers, some international students and approved permanent residents who haven't yet landed are now able to enter Canada. The travel restriction exemptions that were announced are now in place.
Travel Restrictions
Foreign nationals are prohibited from boarding an aircraft for a flight to Canada when:
The flight is departing from any country other than the United States, and
The foreign national is not covered by any of the exemptions.
Canadian citizens, permanent residents and protected persons continue to be permitted to board an aircraft, subject to health screening.
Immediate Family Members Definition
The definition includes:
Spouses
Common-law partners
Dependent children and any dependent children of their dependent children
Parents or step-parents
A parent’s or step-parent’s spouse or common-law partner
A guardian or tutor
In respect to a parent, a dependent child is defined as:
21 years of age and under and is not the spouse or common-law partner, or
is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition.
Age and dependency is a qualifying factor.
Exemptions
Immediate family members of Canadian citizens and permanent residents
A foreign national who is an immediate family member of a Canadian citizen or permanent resident is exempt from the travel restrictions and permitted to travel to Canada.
If the foreign national is a child, they must meet the definition of a dependent child as stated above. If the foreign national is an adult child, they may be exempt under the family reunification exemption below..
Where the foreign national is a parent, the Canadian citizen’s or permanent resident’s age is not a factor, and there is no requirement to establish dependency.
Recommended Documentation for Travel
Documentation showing their immediate family member’s Canadian citizenship or permanent resident status, such as a
Canadian passport
Proof of Canadian citizenship such as a citizenship certificate, citizenship card or provincial or territorial birth certificate
Canadian permanent resident card
Canadian permanent resident travel document (visa counterfoil)
visa-exempt foreign passport and IRCC Special Authorization for Canadian Citizens (see below)
Documentation showing their relationship to that family member, such as a
marriage or common-law status certificate
birth certificate
Confirmation of Permanent Residence (COPR) for the family class (the COPR category under Application Details will be FC) or under the one-year window (coded OYW under Special Program)
Other document(s) supporting an immediate family connection (for example, correspondence from IRCC showing spousal sponsorship in progress or documentation indicating a common residential address)
Paper and electronic copies of the documents listed above are acceptable.
Family Reunification
Foreign nationals whose travel is authorized in writing by an officer or an employee of Global Affairs Canada for the purpose of reuniting immediate family members are permitted to enter Canada.
To be eligible to enter Canada under this exemption, there must be two or more foreign nationals who are immediate family members of each other and allowing one or more of them to enter Canada will reunite them.
The immediate family member does not have to be a Canadian citizen or permanent resident but they must be a resident in Canada. This means the immediate family member in Canada can be a worker, visitor, student or protected person.
For example:
A wife entering Canada to be reunited with her husband who currently resides in Canada as a worker.
A mother and her two children entering Canada to be reunited with her husband and son who currently reside in Canada as temporary residents.
In order for this exemption to apply, an immediate family member relationship must be established. Children who do not meet the definition of a dependent child, are therefore not considered an immediate family member of a parent. Age and dependency is a factor. A non-dependent child may still be eligible under this exemption, as their parent is considered an immediate family member to them regardless of the child’s age.
The objective is to reunite immediate family members who have been separated as a result of these travel restrictions. Officers are to assess the circumstances surrounding the foreign national’s travel prior to authorizing in writing that they are exempt under this provision.
Recommended documentation for travel
A CBSA or IRCC officer or GAC employee will provide a letter to the client to demonstrate to the airline that they are authorized to travel to Canada under this exemption.
International Students
Foreign nationals who held a valid Canadian study permit or were issued a letter of invitation dated on or before March 18, 2020, are exempt from the travel restrictions.
Recommended documentation for travel
a valid study permit, or
a letter of introduction from IRCC dated on or before March 18, 2020
Temporary Foreign Workers
All temporary foreign workers will be able to travel to Canada by air or land. They are exempt from the air travel restrictions announced, as well as border restrictions.
Recommended documentation for travel
A valid work permit, or
A letter of introduction from IRCC
Permit-Exempt Work
The interim order provides for a number of scenarios where the foreign national is not required to obtain a work permit:
providers of emergency services, including medical services, for the protection or preservation of life or property (includes firefighters)
students 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
foreign nationals seeking to enter and remain in Canada solely to become a member of a crew of a means of transportation, including a vessel engaged in international transportation
Recommended documentation for travel
A letter of invitation from a relevant organization in Canada (federal, provincial or municipal government entity for emergency services providers, teaching institutions for medical students, or shipping agents for persons joining vessels).
Permanent Resident Visa Holders
Foreign nationals who have been approved for permanent residence and who were eligible to Canada to become landed permanent residents on or before March 18, 2020, are permitted to enter Canada.
Recommended documentation for travel
a permanent resident visa (nationals from visa-required countries only), or
a COPR document (all foreign nationals)
Full List of Exemptions:
foreign nationals, including U.S. citizens, who have been in the U.S. or Canada for more than 14 days (as per the order governing travel from the U.S. to Canada)
immediate family members of Canadian citizens and permanent residents
persons registered as Indians under the Indian Act
persons with written authorization from a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members
airline or marine crew members
diplomats and immediate family members, including representatives from the United Nations and international organizations
foreign nationals invited by the Canadian government to assist in the COVID-19 response
persons arriving in an aircraft operated by the Canadian Forces or the Department of National Defence
members of the Canadian military, visiting forces, and their family members
protected persons with a convention refugee travel document
French citizens who live in St. Pierre and Miquelon (SPM) who have only been in SPM, the U.S. or Canada during the previous14 days
persons who, in the opinion of Canada’s Chief Public Health Officer either:
do not pose a risk of significant harm to the public health, or
will provide essential service while in Canada
passengers transiting through Canada to another country
transiting passengers will be subject to any travel bans and restrictions the third country has in place
Restrictions and Exemptions for Canadian and U.S. Citizens
As of March 21, 2020, there is a 30-day restriction on all non-essential travel at the Canada-U.S. border. The restriction covers all travel of an optional or discretionary nature, such as tourism, entertainment and recreation.
Examples of essential travel purposes are:
work and study
economic services and supply chains
critical infrastructure support
health, immediate medical care, safety and security
shopping for essential goods such as medication or goods necessary for the health and safety of an individual or family
Mandatory Self-Isolation for Returning Travellers
As of March 25, 2020, any person entering Canada by air, sea or land is required by law to self-isolate for 14 days even if they do not have symptoms of COVID-19. Failure to comply with this Order could result in a fine of up to $1,000,000 or imprisonment of up to three years, or both.
Stay safe and in good health,
info@ngilaw.com