Canada Loosened COVID-19 Testing Requirements for Travelers on February 28, 2022 The Public Health Agency of Canada (the “Agency”) is a federal government agency with a mandate to prevent disease and respond to public health threats. The federal Quarantine Act (the “Act”) authorizes various activities to protect public health including measures that can be taken in respect of international travellers.[1] Under the authority of the Act, the Agency issues Orders in Council (“Orders”) to describe emergency protocols applicable during the coronavirus pandemic.[2] The conditions of the pandemic are dynamic. For example, the emergence of the Omicron variant presented an additional challenge to the government to ensure that Orders reflect the circumstances of the day. Keeping Canadians, permanent residents and other travellers safe is an activity requiring continuous review. Throughout the pandemic, the Agency has been revising the OICs almost every month. Travellers are strongly advised to consult the latest Orders for the most up-to-date requirements and guidance. New Orders In Force as of February 28, 2022 Two new orders came into force on February 28, 2022: 2022-0177 (Prohibition of Entry into Canada) and 2022-0178 (Quarantine, Isolation and Other Obligations). The highlights of which, with respect to testing, are as follows. Background Foreign nationals who are not fully vaccinated may not enter Canada. Foreign nationals who are symptomatic, or suspect or know that they have COVID-19 also may not enter Canada. There are certain exceptions for foreign nationals accompanied by family, seeking to be with family, for young adults seeking to attend a designated learning institution, or for adults who require support by reason of a mental or physical limitation. For details of the additional exceptions and provisions, review the text of the Orders. The focus of this article is on testing, as follows. Testing To enter Canada, all travellers (Canadians and foreign nationals)—with exceptions outlined below—must provide evidence of: a negative COVID-19 molecular test performed outside Canada on a specimen collected at most seventy-two (72) hours before the initial scheduled departure of an aircraft, or before the time entering Canada by land or by sea; a negative COVID-19 antigen test performed outside Canada on a specimen collected at most one (1) day before the initial scheduled departure of an aircraft, or before the time entering Canada by land or by sea; a positive COVID-19 molecular test performed on a specimen collected at least ten (10) days before the initial scheduled departure of an aircraft, or before the time entering Canada by land or by sea (no more than 180 days ago). Travellers arriving in Canada who qualify as fully vaccinated will be randomly selected for arrival testing, however, they will not be required to quarantine while awaiting the result. For those travelling by air, the evidence must be provided to the aircraft operator. For those travelling by land or by sea, the evidence must be provided upon request of a screening or quarantine officer. Unvaccinated travellers will also be required to test on arrival, on day eight (8), and will be required to quarantine for fourteen (14) days. Taking a rapid antigen test at home is not sufficient to meet the pre-entry requirement—it must be authorized by the country in which it was purchased and must be administered by a laboratory, healthcare entity, or telehealth service. Not all travellers must provide this COVID-19 testing evidence. Exceptions include a person who is less than five years of age, emergency service providers, certain public officials, Canadian Forces members, or a person who returns to Canada after suffering hardship in a foreign country. This is not an exhaustive list; see Schedule One of Order 2022-0178 for the complete list. Notably, an operator of a commercial motor vehicle for the transport of goods by land who is not fully vaccinated is not exempted. Conclusion The loosening of testing requirements for travellers reflects the declining number of COVID-19 cases in Canada. This trend is in part attributable to Canada’s high vaccination rate, and to the increased availability of rapid testing. The conditions of the pandemic are dynamic, and the official response evolves along in parallel. Travellers are strongly advised to consult the latest Orders for the most up-to-date requirements and guidance. [1] SC 2005, c 20. [2] Ibid, s 58. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please contact a lawyer. Each case is unique and different and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, ImmigrationMarch 4, 2022March 4, 2022
An Update on COVID-19 Travel Restrictions As vaccination rates increase in Canada, and COVID-19 infection rates decline, the Canadian government is gradually relaxing its strict travel restrictions and quarantine requirements. Prior to this past July 6th, Canada’s borders were closed to all discretionary non-essential travel, with limited exceptions, and those who were permitted to enter were subject to a 14-day quarantine requirement, regardless of vaccination status, also with limited exceptions. Those entering Canada by air were also subject to a 3-day stay in a government-authorized hotel. Effective July 6th, all individuals permitted to enter Canada for an essential non-discretionary purpose, or due to an exemption, who have evidence of being fully vaccinated, together with a negative PCR test obtained within 72 hours prior to coming to Canada and are asymptomatic, are exempt from the quarantine requirement, including the hotel stay. To be considered fully vaccinated, the traveler must have received the full series of a vaccine or a combination of vaccines that are accepted by the Canadian government, and the last vaccine must have been administered at least 14 days prior to entering Canada. Individuals who cannot be fully vaccinated due to a health condition may also qualify for the eased quarantine and testing requirements currently available to fully vaccinated travelers but must follow a modified quarantine. Commencing August 9th, United States permanent residents and citizens who are residing in the U.S. are allowed to enter Canada for non-essential discretionary travel. Thus, as of the date of this blog, U.S. citizens and permanent residents who are fully vaccinated may enter Canada for any purpose on a quarantine-exempt basis. Also, effective August 9th, all travelers to Canada by air, who remain subject to the quarantine requirement, will no longer be required to stay in a government-approved hotel, which requirement has been eliminated. All travelers, whether or not fully vaccinated, must provide COVID-19 related information electronically, prior to traveling, through the ArriveCAN app or web version, meet all pre-entry testing requirements, be asymptomatic upon arrival, and have a paper or digital copy of their vaccination documentation in English or French to present to government officials on request. Provided that Canada’s COVID-19 situation remains favourable, the Canadian government has announced its intention to open Canada’s borders for non-essential discretionary travel to all international travelers effective September 7th. At that time travelers to Canada from anywhere who are fully vaccinated and who meet specific entry requirements will be able to enter Canada freely. As a final note, the current rules governing entry into the U.S. are very different and non-reciprocal from Canada. To summarize: anyone who has been in Canada for 14 days prior to travel by air to the U.S., has been able to do so throughout the pandemic without needing to demonstrate an essential non-discretionary purpose. However, at the land border, the U.S. still requires an essential non-discretionary purpose for entry with limited exceptions, notwithstanding Canada’s new policy to admit U.S. citizens and permanent residents for any purpose, as described above. With respect to quarantine, the U.S. did not have any such requirement on the federal level throughout the pandemic, however, certain states imposed a quarantine requirement at different times. Should you require additional information about the current state of the law in Canada or the U.S., or upcoming changes, please contact the firm’s immigration group. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, COVID-19, ImmigrationAugust 9, 2021August 9, 2021
Next Steps for Canadian Express Entry? In our last blog on February 13, 2021, Express Entry draw (click here), we reported on the unprecedentedly large number of Canadian Experience Class candidates that were invited to apply for permanent residence. Canada’s Express Entry system is a two-step process whereby economically desirable foreign nationals must qualify for an Express Entry category and then rank competitively among others in those categories in order to be selected from biweekly draws and receive an invitation to apply for permanent residence. There are three categories – Canadian Experience Class, Foreign Skilled Worker, and Foreign Skilled Trades. The first step in the Express Entry process involves meeting minimum requirements for one of the categories and creating an Express Entry profile. The second step is that, in that pool of minimum qualifying candidates across all three categories, candidates are ranked among one another in a system called the Comprehensive Ranking System (CRS). Every couple of weeks, the government draws the most competitive (i.e. highest scoring) candidates and sends them invitations to apply for permanent residence. The application process thereafter can take 6 months to a year or more depending on circumstances. The Federal Skilled Worker and Federal Skilled Trades categories have all but stalled during the COVID-19 pandemic, due largely to the travel restrictions that have been in place consistently since March 2020 and the fact that candidates in those categories tend not to be residing in Canada but rather are in their home countries. The Canadian Experience Class on the other hand requires at a minimum that the candidate has at least one year of full-time Canadian skilled work experience. Often, candidates in this category are already in Canada (though not always). The CEC category has continued to invite candidates in biweekly draws throughout the last year, often resulting in lower than usual competitive CRS scores, given the dwindling pool of available candidates currently in Canada/with Canadian work experience. Prior to the February 13, 2021 draw, CEC candidates with less than 400 CRS points may have felt no need to submit a profile given that for years until now, the competitive CRS score for the CEC category had not dropped anywhere below that. On February 13, 2021, those with 75 points or more were invited, resulting in an unprecedented number of invitations in the CEC category. However, even with that astounding figure, some prospective candidates that would have scored 75 or more but did not have active profiles because of their perceived lack of competitiveness may be now disappointed. While there is no predicting the next move of the Canadian government, lawyers across Canada are now recommending that anyone who meets the minimum requirements of any of the three Express Entry categories create a profile. There is a good chance that CEC draws will continue to include CRS scores that are considered low compared to historical draws. There is some thought among the immigration legal community that this might spill over to the Federal Skilled Worker and Federal Skilled Trades category as well, though there are no guarantees. If you are considering creating an Express Entry profile and are not sure of your eligibility, please feel free to contact us today to discuss your case. For more information contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, ImmigrationFebruary 24, 2021February 24, 2021
Historic Express Entry Draw In Canada’s latest Express Entry draw today for permanent resident candidates, a historic low cut-off of 75 Comprehensive Ranking Score points led to invitations sent out to an astounding 27,332 candidates. This is a clear step toward the government’s promise to ramp up economic immigration to make up for losses in 2020 due to the COVID-19 pandemic. While there is a lot still to makeup, this is a positive sign in the right direction. It is initiatives such as this that seek to aid in Canada’s economic recovery. This unprecedented cut-off score applied to foreign nationals with demonstrated skilled work experience in Canada of at least one full-time year. Those who previously felt they lacked points in one area or another may be pleasantly surprised to receive an invitation to apply for permanent residence today! For more information contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, ImmigrationFebruary 13, 2021February 13, 2021
Canadian Post-Graduate Work Permit Extension International students in Canada often rely on the coveted post-graduate work permit (PGWP) to secure jobs after graduation, which experience often goes on to earn them essential points in Canada’s Express Entry route to permanent residence. As covered in one of our previous blogs, this valuable Canadian work experience can often make or break an international student’s chances of success in achieving permanent residency. Since the onset of the COVID-19 pandemic, holders of PGWPs have found themselves either unable to find jobs or have been let go from jobs in Canada, and many have watched their time-limited permits run out while missing the opportunity to make use of them. Canada’s Minister of Immigration, Refugees, and Citizenship just announced a temporary policy that will allow students in this position to apply for a new permit valid for another 18 months. While the job market continues to be unpredictable, this is a positive step in the right direction and provides international students already in Canada who have struggled to gather Canadian experience an extended opportunity to do so. International students who contribute more than $21 billion annually to the Canadian economy often rely on their education as a stepping stone to permanent residence to the Canadian economy. For more information contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, COVID-19, ImmigrationJanuary 8, 2021January 8, 2021
New Extensions To Canada’s Working Holiday Permits DSF’s immigration law group is hopeful about a 2021 that will see increased immigration to Canada by skilled young workers to complement our labour force and fill necessary labour shortages. Canadian immigration strategies regarding the Express Entry process for permanent residence announced this fall aim to do just that. See our interview with Canada’s Minister of Immigration, Refugees, and Citizenship for more details about that. And even further measures were recently announced with respect to temporary work permits. On December 11, 2020, Canada’s immigration minister and Italy’s Minister of Foreign Affairs signed a new bilateral youth mobility agreement between Canada and Italy. This will see an expansion to existing work-and-travel opportunities between Canadians and Italians between the ages of 18 and 35. Click here – http://bit.ly/3mI78PN The International Experience Canada program allows citizens aged 18-35 of a number of countries to work in Canada under agreements that allow reciprocal opportunities for Canadians. Available work permit categories and lengths of time allowed per category in Canada depend on where the person is from. A full list can be seen here – http://bit.ly/38zrZzM Since 2006, Canada has had such agreements with Italy. The current agreement with Italy has allowed Italians to come to Canada for up to 6 months on Working Holiday work permits and to extend their stay for up to 6 months further as a visitor. The Working Holiday permit is an open work permit that allows the temporary foreign worker to work in Canada for any employer. Under the new bilateral agreement, expected to be ratified in 2021, the options available to Italians have increased to allow up to 12 month long initial permits with the possibility of extending for a further 12. This can provide crucial Canadian work experience to Italians considering applying for permanent residence down the road as such experience can provide points in Canada’s Express Entry process for permanent residence. The agreement also allows Italians to participate in the Young Professionals category, a closed work permit category that provides for employer specific work permits in professional jobs. This participation can prove further useful for those seeking eventual permanent residence as employer specific job offers may provide even further points in Canada’s Express Entry process for permanent residence. While the COVID-19 pandemic has created some roadblocks this year for IEC participants to come to Canada to commence work, the new bilateral agreement hints at a more hopeful and expansive 2021 for Italians seeking work and travel options to Canada. For more information contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, COVID-19, ImmigrationDecember 23, 2020December 23, 2020
Rejected work, study or visitor visa – what next? If you have carefully filled in the forms, gathered the numerous supporting documents and tried to provide as thorough an explanation for your application for temporary residence to Canada, it can be deflating to receive a denial letter. While often an application may be rejected simply because the case was not strong enough, there may be things an applicant overlooked in the application process and could therefore “fix” in a subsequent application.While Immigration, Refugees and Citizenship Canada (IRCC) suggests here that you should not apply again if you were refused the first time, this does not preclude submitting an application that presents new or revised information that may make the case stronger. The IRCC also advises that hiring an immigration representative such as an immigration lawyer won’t increase your chances of success.While the mere submission of an application by a representative will not in itself increase your chances, an experienced immigration lawyer can review your initial application, reasons for refusal and assess whether there may be further information that can and should be included in a subsequent application. A lawyer can also assess the merits of a judicial review application, where you can argue that the officer reviewing your application was unreasonable in rendering a decision and ask a judge to send it back for review by a new officer.If you feel that your application was unreasonably denied despite a robust application, it is worthwhile to consider if and how to improve upon it and resubmit.For more information on immigration law, please contact Maya Krishnaratne, Immigration Lawyer at Devry Smith Frank LLP, 416-446-5841, Maya.krishnaratne@devrylaw.ca“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, ImmigrationOctober 28, 2020November 24, 2020
Immediate Family Members of Canadians – Entering Canada Since the onset of the pandemic, the rules about who can enter Canada have been confusing and hard to keep up with at times. A particularly hard hit group has been “immediate family members” of Canadians. The temporary travel ban enacted under the Quarantine Act has consistently defined “immediate family members” as the spouse or common-law spouse of a Canadian; a dependent child of a Canadian; the parent or step-parent of a Canadian or their spouse or common-law partner; or the guardian or tutor of a Canadian. However, it has not always been clear who can enter and when, nor have the changes thus far to the rules been sufficient for all family members or loved ones of Canadians. Initially, the COVID-19 travel ban did not apply to “immediate family members” of Canadians so long as the purpose for their entry was not discretionary or optional. In the first few months of the pandemic, this meant airline personnel and border services officers were assessing whether a person’s stated purpose was discretionary. One person coming to visit their Canadian spouse for a few weeks may have been turned away while another in the exact same circumstances may have been let through depending on which officer they got. In June 2020, the travel restrictions were revised so that immediate family members of Canadians could enter regardless of their purpose so long as they could show they were coming for a period of at least 15 days to be with their Canadian family members. Inherently, this seemed to accept that anyone coming in for a period for at least fifteen days was not coming in for an “optional” or “discretionary purpose” and took some of the pressure off of travellers who no longer needed to convince an officer their travel was essential. Those seeking to come for less than 15 days have continued to be exempt from the travel ban but remain subject to the “non-discretionary”/”non-optional” rule. The June changes regarding immediate family members have remained in place up to now. Last week, the federal government announced that further expansion to the exception would be released on October 8, 2020. The proposed changes will allow grandparents, siblings, and adult children of Canadians (not currently exempt) to enter in certain circumstances. Other foreign nationals seeking entry for compassionate reasons such as critical illness or death are also expected to be included in the changes. Stay tuned for further updates. For more information on immigration law, please contact Maya Krishnaratne, Immigration Lawyer at Devry Smith Frank LLP, 416-446-5841, Maya.krishnaratne@devrylaw.ca This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Justin DominicBlog, COVID-19, ImmigrationOctober 6, 2020November 30, 2020
This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”
Reduced Travel Restrictions for Relatives of Canadians and PRs Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their Canadian or PR family member for at least 15 days. This will hopefully serve to reduce the uncertainty many have faced since measures under the Quarantine Act came into force at the end of March, prohibiting entry to Canada for optional and discretionary purposes. Family members seeking to reunite with Canadian spouses, children and parents have up to now been often subject to an assessment by airlines and Canada Border Services Agency personnel about whether they were entering for an “essential purpose.” While ordinary rules regarding entry to Canada will still apply, this latest announcement should mean that those who can demonstrate they are coming to reunite for a period of at least 15 days may do so without having to demonstrate an “essential purpose.” “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, COVID-19, ImmigrationJune 9, 2020September 29, 2020
Express Entry Roadmap On May 8, 2020, Devry Smith Frank LLP hosted an Express Entry Roadmap webinar to share insights and information on popular routes to Canadian permanent residence. The webinar was presented by Maya Krishnaratne, a partner in our Immigration Law Group. Highlights of the seminar and slides are available here. Please note that the information contained throughout is current as of the date of publishing this blog. If you would like specific direction relating to your own case, we encourage you to contact us for an assessment and most up to date information. Maya can be reached at 416.446.5841 or maya.krishnaratne@devrylaw.ca. “Our articles are intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationMay 13, 2020September 30, 2020
