Covid-19 – Quadro Law

If you are the extended family member of a Canadian, you are admissible to Canada if you plan to stay for 15 days or more . . .

Whichever holiday you celebrate, or even if you’re just taking advantage of a few days off work, it’s that time of year: everyone seems to want to make travel plans. Which begs the question: am I even allowed to travel right now? Where? Under what conditions?

Here are a few things you should know.

Am I allowed to come to Canada from abroad?

If you’re a Canadian citizen (including a dual citizen) or a permanent resident of Canada, you are automatically admissible to Canada, wherever you are right now. This also applies to those registered under the Indian Act, and to protected persons. Otherwise, it’s worth taking a closer look at the specifics of your situation.

If you are the immediate family member of a Canadian (including a permanent resident or a person registered under the Indian Act), you are likewise admissible to Canada, if and only if you plan to stay for 15 days or more. If you plan to stay for a shorter period of time, you must prove that you will be travelling for a non-discretionary purpose. (Sadly, visiting family for the holidays is considered discretionary. If you were hoping to zip in and out within the space of a week, it might be time to re-evaluate.)

If you are the extended family member of a Canadian, you are admissible to Canada if you plan to stay for 15 days or more – as with an immediate family member – and you have written authorization from Immigration, Refugees and Citizenship Canada (IRCC). You will not be allowed into Canada without this written authorization. At Quadro Law, we are happy to help obtain this authorization on your behalf.

IRCC recently updated its definition of extended family members to include those in an exclusive dating relationship, if you have been in the relationship for at least one year and have met your partner in person at some point during your relationship. Other extended family members, as defined by IRCC, include siblings, grandparents, grandchildren, and adult children (over 22 years old). In contrast, a common-law partner is classified as an immediate family member. Two people are common-law partners if they have been living together for at least one year without breaks, in a marriage-like relationship.

Whether you are the immediate or the extended family member of a Canadian, you will require appropriate documentation to prove the existence of your relationship, as well as your family member’s status in Canada.

Certain other individuals are also currently admissible to Canada despite the pandemic. Discrete categories of others who are still admissible include temporary workers coming for a non-discretionary purpose, certain work permit-exempt workers, and some international students. The ins and outs of these categories tend to be nuanced, so please let us know if you need any help navigating the system.

Okay, so I’m allowed in. What does am an acceptable quarantine look like?

If you plan to come to Canada from abroad, you will generally be required to self-isolate and to monitor for symptoms for 14 days. This requires advance planning, as you must submit a plan through the Government of Canada’s ArriveCAN app before travelling to Canada. (ArriveCAN is also available in website format if the app isn’t accessible to you.)

Here are a few details you should have ready when submitting your plan through ArriveCAN:

1. Your contact information and travel document details.

2. Your travel details, including date of arrival, flight number, and airline (or your port of entry, if you don’t plan to travel by air).

3. Where you will be spending your quarantine period (exact address).

4. Whether you will be able to have food, medication, and other necessities delivered to you at this address while in quarantine. It is important that you avoid coming into contact with the general public during this 14-day period.

5. Any symptoms you have been experiencing.

Are you travelling to Alberta directly from another country through Calgary International Airport or the Coutts land border crossing? In partnership with the Government of Canada, the Alberta COVID-19 Border Testing Pilot Program still requires you to submit a full quarantine plan through ArriveCAN. However, you may be eligible to quarantine for fewer than 14 days if you undergo a COVID-19 test immediately upon arrival in Canada. You must quarantine until you have received your test results. If your results come back negative and you plan to remain in Alberta for at least 14 days after coming from abroad, you will not be required to quarantine. However, you must still follow all required preventative measures, including completing daily check-ins (online or by phone) and a second test on either your sixth or your seventh day after arrival. See the International Border Testing Pilot Program website for more information.

Can I get around the quarantine requirement?

In select circumstances – for example, if you will be providing an essential service in Canada, or for compassionate reasons (including supporting a critically ill loved one or attending a funeral) – you may be able to forego the 14-day quarantine requirement.

However, the general rule is that you are required to quarantine even if you show no symptoms of COVID-19 and have not recently been exposed to anyone who has tested positive for the disease. It is also worth noting that, if you have previously recovered from COVID-19, you must still quarantine, due to the potential risk of reinfection.

If you were hoping to dodge the quarantine requirement without fitting into one of the officially exempt categories, the consequences probably aren’t worth it. Possible penalties include a fine of up to $750,000, up to 6 months of jail time, and being found inadmissible to Canada for a period of one year (including forced removal). That’s one way to put a damper on the holidays.

What about interprovincial travel?

As each province and territory is continually updating its travel guidelines to respond to the evolving COVID-19 situation, we recommend checking the most recent provincial/territorial policy.

In B.C., for example, the official guidelines currently direct that nonessential interprovincial travel is inadvisable, but not absolutely prohibited.

“Travelling home to see my family for the holidays is obviously essential. Right?” Wrong. Just as with coming from outside of Canada, travelling between provinces or territories to visit family counts as discretionary travel. It might be up to you to make this call, and to evaluate the risks and rewards of holiday travel. Of course, before travelling, check back with the appropriate provinces/territories for the latest updates.

Maybe the travel restrictions provide a good opportunity to start some new traditions this season. Bond over copious amounts of home-cooked food with your roommates or coworkers. Check out the local ski and snowboard slopes (trust us, there are plenty of hidden gems out there). It could be worse.

Before you go…

One final piece of advice: check with your airline before boarding a flight to Canada this holiday season. While the Government of Canada requires you to submit your quarantine plan before travelling and to have certain other documents to enter the country, many airlines are imposing additional restrictions. This is an extra precautionary measure to cover their own bases, so that they can avoid transporting anyone who may later turn out to be inadmissible. Be prepared and reach out to your airline beforehand to see what documents you will require.

Questions?

As always, we’re here to help at Quadro Law. If you’re at all in doubt, schedule a (virtual) consultation with us.

Yet, the provinces have continued to invite prospective immigrants to submit Express Entry profiles and apply for permanent residence.

Importance of immigration to Canada …

Canada is a nation built on immigration and, for a myriad of reasons, immigration is hugely important to the present social, cultural, and economic growth of our country. Immigration serves to reunite families and provide immigrants with educational and vocational opportunities not available in their countries of origin. It also enriches Canadian culture by connecting different parts of the world, thereby diversifying ideas and customs.

The economic benefits of immigration, in particular, have become especially pronounced in recent years. According to the Conference Board of Canada[1], “Canada’s fertility rate is 1.5 babies per woman, below the replacement rate of 2.1”. On the other hand, all of Canada’s “9.2 million baby boomers will be of retirement age by 2030”, and “23% of Canada’s population will be 65 or older by 2040”. Canada’s low fertility rate and the impending swell of individuals in the 65+ age bracket means that Canada will have fewer people to produce and consume goods and services, as well as a smaller number of taxpayers[2]. Thus, Canada will soon be more dependent than ever on immigration to counter imbalance in the labour force and alleviate strain on the healthcare system.

The impact of COVID-19 on immigration to Canada …

The COVID-19 pandemic has presented numerous challenges to Canada’s immigration system. More precisely, IRCC’s transition to working remotely, travel restrictions, and reduced flights have contributed to a drop in permanent resident admissions to historically low levels in June[3]. Thus far, BC has admitted only 350 new permanent residents, a figure which stands in sharp contrast with those from January (4,235), February (4,240), and March (2,950).

Yet, the provinces have continued to invite prospective immigrants to submit Express Entry profiles and apply for permanent residence[4]. Further, as the foregoing statistics indicate, applications are still being processed. The Canada Immigration Newsletter reported there could be four Express Entry draws in June[5]. On June 10th, British Columbia invited 87 individuals to apply to its Provincial Nominee Program [6].

This indicates the doors will remain open to immigration as Canada navigates the unprecedented circumstances created by the pandemic.

IRCC stated the following categories of individuals can continue to enter Canada notwithstanding the travel restrictions currently in place[7]:

· Canadian citizens

· Permanent residents

· Immediate family of Canadian citizens and permanent residents

· Permanent resident applicants who had been approved for permanent residence prior to March 16 and who had not yet travelled to Canada

· Temporary foreign workers

· International students who held a valid study permit or had been approved for one as of March 18

· Transiting passengers

Immigration to Canada in the aftermath of COVID-19 …

In its 2020-2021 Departmental Plan, IRCC unveiled its plan to admit 341,000 new permanent residents in 2020 and 351,000 the following year[8], marking a large increase from the previous decades’ average yearly admission rate of 250,000 and “the most ambitious immigration levels in recent history”[9]. Some have argued Canada cannot afford to stick to this plan in light of the economic fallout of COVID-19; they believe immigration should be put on the back-burner until the economy recovers and employment rates amongst those already living in Canada have bounced back to previous levels.

However, a variety of factors indicate Canada’s commitment to immigration will endure, and in fact flourish, in the aftermath of COVID-19. Indeed, the impact of COVID-19 means that Canada is, in many ways, in greater need of new immigrants than it was before. First, it is important to understand that the employment market isn’t a zero-sum game; gains made by immigrants and members of a host society are compatible and, in fact, tend to be mutually reinforcing, particularly when considered over the long run. Immigrants will contribute to the creation of Canadian jobs through spending and entrepreneurial activity.

Second, continuing to welcome newcomers into Canada is consistent with the proactive immigration policy our country has followed over the past three decades. As Kareem El-Assal[10], a senior research associate for immigration at The Conference Board of Canada, explains, Canada had originally taken a “tap on, tap off” approach to immigration, meaning more immigrants were accepted when the economy was doing well, and less when it was not. In the late 1980s, Canada realized the tap-on, tap-off approach was insufficient to offset labour shortages resulting from the retirement of older generations of Canadians. Consequently, the tap on, tap off approach was displaced by a new policy that has a long-term focus and prioritizes a consistent flow of migrants. Canada has persevered with this new, proactive approach through various economic crises, including the Great Recession.

Finally, the pandemic highlighted the vital importance of immigrants to ensuring the well-being of Canadian society in a period of crisis. Newcomers contributed massively, both directly and indirectly, to efforts to combat the virus[11]; as federal Immigration Minister Marco Mendicino succinctly stated, “we could not support our front-line workers without immigration”[12]. Standing firmly by our commitment to immigration is the only way to deal with the ever-present possibility of another, future pandemic.

Conclusion …

The Canada Immigration Newsletter reported that the COVID-19 pandemic has increased interest in immigrating to Canada[13], and, all things considered, prospective immigrants should continue to apply to immigrate to Canada. The importance of immigration to Canada and its post-COVID-19 recovery means our country is unlikely to back away from its commitment to welcoming newcomers. This point is supported by recent statements made by Mendicio, in which he said “[i]mmigration will absolutely be key to our success and our economic recovery”, and that “[w]e will continue to rely on immigration, it will be an economic driver, and this will be the North Star of our policy going forward.

Canadian & US Immigration Law Firm

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