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In brief:
Since March 16, the
Government of Canada has put in place various restrictions to close its borders
to foreign travellers in an attempt to limit the spread of the novel
coronavirus, COVID-19, which includes restricting the entry of most foreign
nationals to Canada. On March 26, 2020, the Government of Canada put into
effect exemptions to these travel restrictions, to facilitate the entry of
foreign nationals who have committed to working, studying or making Canada
their home.
Discussion:
On Wednesday, March
18, 2020, Canada introduced a series of new travel restrictions designed to
support the government’s efforts to limit the spread of COVID-19, which
prohibit anyone other than Canadian citizens, Canadian permanent residents,
immediate family members of Canadians, air crew, diplomats, and individuals
who have been residing in the US for 14 or more consecutive days from
boarding a plane to Canada. In addition, by mutual agreement between the
Canadian and US governments, further travel restrictions were introduced
which effectively closed the Canada-US border, barring anyone from
travelling to Canada with the exception of Canadian citizens and Canadian
permanent residents who are returning home, and any travellers who are
entering to provide essential services (e.g., health care workers and truck
drivers bringing goods into Canada). These additional measures took effect
as of 11:59 pm on Friday, March 20, 2020 and are expected to be in place
for a minimum of 30 days - until April 20, 2020 - and may be amended or
rescinded at any time.
Additional
exemptions in place
Late last week, the
Government of Canada provided an update on the travel restrictions and
announced that there will be an exemption for foreign nationals who have
already committed to working, studying or making their home in Canada.
These exemptions were put into effect by way of the issuance of an interim
order on March 25, 2020 and include the following:
Temporary workers
The interim order
exempts certain foreign nationals who are authorized to travel to Canada to
work. This includes:
·
Returning
workers who were already established in Canada and hold a valid work permit
·
Temporary
workers who had made arrangements to come to Canada to work before the
travel restrictions were put in place and are in possession of a letter of
introduction/approval letter from IRCC
These foreign
nationals can self-identify to airlines at the point of boarding that they
are exempt under this provision by presenting either a valid work permit,
or a letter of introduction from IRCC.
New workers -
permit-exempt work
Acknowledging the
need to maintain critical supply chains and access foreign talent for
critical services, the government has also implemented temporary and
special provisions to allow the entry of new workers without the
requirement for a work permit. This provision is limited to specific
scenarios, including the following:
·
providers
of emergency services, including medical services, and those engaged in 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
These foreign
nationals can self-identify to airlines at the point of boarding that they
are exempt under this provision by presenting evidence of their exemption
by way of a letter or approval from the government or relevant
institution.
International
students
International
students may also now travel to Canada where the following conditions
apply:
·
The
foreign national held a valid Canadian study permit or was issued a letter
of introduction dated on or before March 18, 2020; and
·
The
foreign national was already enrolled at a designated learning institution
(DLI) in Canada or had been accepted by a DLI and made arrangements to come
to Canada to study before the travel restrictions were put in place.
Permanent resident visa holders
The interim order
further exempts foreign nationals who have been approved for permanent
residence and who were eligible to travel to Canada to become landed
permanent residents on or before March 18, 2020. To facilitate their
boarding of any aircraft and entry to Canada, these individuals will need
to present their valid permanent resident visa (nationals from visa-required
countries only), or a COPR document (all foreign nationals).
The takeaway:
Employers and
foreign workers meeting the above criteria may now proceed to make
arrangements for their travel to Canada. As foreign nationals qualifying
under one of the above-listed exemptions are expected to self-identify for
determination by the airline carrier and CBSA agents, any foreign nationals
seeking to travel to Canada at this time should be prepared to provide the
relevant documentation to evidence their eligibility, including IRCC
approval letter, visa, or valid status document.
The immigration
situation involving COVID-19 continues to be fluid and rapidly evolving.
Employers and employees alike should be prepared for all immigration
applications and travel to be impacted, including admission procedures for
those that are not presently impacted by the travel ban. ** Information From PwC Law LLP
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