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.