Further to any previous information we have provided, and given the never-ending fluidity of rules and regulations that the COVID situation has on corporate immigration issues in Canada, we wish to provide a quick summary and advise of recent developments. [We caution, as with prior updates, that given the ongoing fluidity, that notwithstanding government pronouncements, some government offices and officers (and even airline officials) can sometimes change the reality on the ground.] Please note that this roundup deals essentially with business/corporate immigration issues only, though there are certainly issues which impact other aspects of immigration as well.
A. Self-Quarantine on Arrival
It would seem that there is some confusion about immigration issues/requirements vs. health-related regulations. The rules around what a person entering Canada must do are rules that impact anyone entering – they are not immigration rules per se. Immigration law concerns itself with who may seek entry into Canada, and for what purpose. Rules surrounding self-quarantine requirements relate to health regulations impacting everyone. This is of course a great oversimplification, but the point to be made is that the quarantine rules are not related to who may enter Canada; to note, even Canadian citizens would need to follow these rules upon entering Canada at this time.
The basic rule is that anyone entering Canada at this time must self-isolate for 14 days. If the person is symptomatic, further requirements are in place. Details in this regard can be found at https://bit.ly/37L48fR.
There are exceptions however (but not based on immigration status). Notably, those involved in essential services do not need to meet the self-isolation requirements, such as those involved in medical services or food delivery.
B. Non-discretionary Travel to Canada
There is also some confusion specifically related to immigration issues about who may seek entry to Canada. The government has indicated that ‘non-discretionary’ entry is permitted. But the division between discretionary and non-discretionary is not always clear (and often officer dependent). It is clear that entry for purposes such as tourism and recreation are forbidden. It seems, however, subject to the further details below, that travel to Canada for the purposes of work, is permitted. Further, the work does not need to be ‘essential’ as defined for the purposes of self-isolation. It is simply that it is work, and as such, something beyond simple tourism or recreation.
Note that though arguably ‘business visitation’ is work without a permit (rather than just not being work), government pronouncements indicate that entry under Regulation 186 relating to business visitation are not permitted at this time.
B.i. Entry for Work from the United States
For people entering Canada from the United States (even if not U.S. citizens or permanent residents) for the purpose of work, the continue to be entitled to do so. That being said, it remains important for applicants to show that their work is ‘essential’ at least in the sense of being important/crucial somehow. For some officers, this is a pivotal issue. We again note that the quarantine issues above will still apply, and documentation supporting compliance with same should be prepared in addition to any materials otherwise ordinarily prepared.
The travel restrictions in this regard are currently set to expire on July 21.
B.ii. Entry for Work from countries other than the United States
For people entering Canada from anywhere other than the United States, they may also do so for the purposes of work, however, they now need to make application online through a visa post, even if they ordinarily would have been able to do so upon arrival at a Port of Entry. All other issues re work permits generally, and those otherwise noted in the previous section, are applicable here.
The travel restrictions in this regard are currently set to expire on June 30.
C. Supplementary Issues
There are other issues that impact the processing of work permits at this time, which though outside the scope of the substantive issues above, are non-the-less important, and are now canvassed.
C.i. Biometrics
Most offices processing biometrics remain closed. This means that in practice, many people who could proceed with work permit applications are held up due to this fact. Immigration Canada, in recognition of the issue, is not terminating applications where biometrics remain outstanding beyond the initial period allowed for doing so.
The government has made exceptions for people working as truck drivers, or in the health-care, agriculture, or agri-food sectors, who will be able to do their biometrics on arrival.
C.ii. Medical Exams
Those requiring medical exams must still carry them out. Similar to the biometrics issue, some panel physicians’ offices may be closed. Applications will not be terminated for this reason.
C.iii. Accompanying Dependents
Immigration Canada will now grant visas to spouses and children coming to accompany a foreign worker in Canada. There must be evidence of the intent to reside with the foreign worker in Canada – not just a fleeting visit.
We will continue to ensure that our readers are updated with relevant news, and trust that the information above is of value in summarizing the situation as of this time.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.