I just got off the phone with a CBSA agent about the same exact question, and she told me the opposite. She said that since my fiance's permanent residency application is processing but has not yet been approved, he would not be able to come with me to Canada on a visitor visa, even though our intention is to establish full-time residence. She said that is not considered essential.
Show that you’re travelling to Canada for an essential reason
- Thread starter kylelowry
- Start date
It is not opposite from what I heard. Your situation is different than mine. My wife already got her CoPR and visa so she has a valid travel document to come to Canada.
In order to come to Canada, the following three requirements are to be met
1. Immediate family members of Canadian citizens or PRs
2. The travel to Canada is considered as non-optional or non-discretional
3. Valid travel documents (visa, eTA etc.) to Canada
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The situation I'm referring to is not the same. It is citizen and spouse (TRV, OWP and PR applicant) both living together with proof of same address in Canada. There is no reason for CBSA to refuse entry to husband and just allow mother and child to enter. They are allowed to say no but this is refusing a constitutional right.
I found the info clicking on the link that was share above. It's weird that they would say no when it says they allow family to be together due to the pandemic. Pretty sure there is miscommunication there and some CBSA agents dont honour that. Its written black and white. It's not just COPR holders because it even says temporary residents. She probably made her own interpretation of essential travel without reading the official answer. They can't separate families with valid travel visa even during the pandemic. That's why they clarifies. But the thing is at the POE youre kind of defenceless. If the CBSA agent says you cannot enter, they have the final word. That's just my opinion.
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That is not refusing a constitutional right. Foreign nationals do not have the right of entry to Canada and the Canadian government certainly has the right to refuse an FN entry at any time even if it separates families.
Perhaps the agent on the phone hadn’t been given the update yet? But regardless of what she said, it’s always up to the border officer who decides whether one can enter or not.
Examples of essential travel listed under the family reunification section updated on 29th of April have been taken down, and the page has been modified yet again.
As if there weren’t enough confusion circulating already. But we’re in a pandemic, everything can change instantly.
As if there weren’t enough confusion circulating already. But we’re in a pandemic, everything can change instantly.
FOR THOSE WHO WANT TO REUNITE IN CANADA WITH AN IMMEDIATE FAMILY MEMBER ON TRV this is the post. It shows who is exempted on the travel restrictions and what documents you need to bring. Still you need to prove your case and email IRCC to get a letter.
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html?fbclid=IwAR0sqNn6hKpHVlY76oJSSOc-xW91uA9QRSlojaSfof9z6P_5pxD6xfI-oqQ#family_non_cit_pr
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html?fbclid=IwAR0sqNn6hKpHVlY76oJSSOc-xW91uA9QRSlojaSfof9z6P_5pxD6xfI-oqQ#family_non_cit_pr
I have immediate family member, I'm married to a canadian citizen. And we wanna go back to Canada to take care of her grandparents. Would that work as family reunification? Would I be allowed with her into Canada? we would be travelling for an essential reason and I'm an immediate family member of a canadian citizen.
I have an eTa, we were gonna apply for spouse sponsorship by the end of May, so I don't have a PR or anything yet, we would just be "immediate family members"
Really hard to say whether you would be considered essential to that plan, try calling CBSA and get an opinion, call twice and see if you get the same answer. So many variables, airline might not let you on, CBSA might turn you back. Have to consider if it is worth it to try. I mean buying a ticket, showing up at the airport to see if they will let you go.
If her grandparents have no other people to assist them, then your travel is qualified as an essential trip.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions/non-optional-non-discretionary.html
I believe they updated again! this part :"
- to take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents who are seeking entry to Canada to live with immediate family members)
- to care for an ill family member or a family member who is unable to care for themselves when no other arrangements can be made (the 14-day quarantine for travellers will be factored into whether the travel is discretionary)
- for foreign national immediate family member(s) (as per the definition in the Order in Council), to spend the pandemic period with their Canadian citizen family member so they can help to ensure each other’s health, safety and well-being (This section is specifically to allow for the reunification of family members where it would be beneficial to all parties, as the reunification of family members is a key point of the Order in Council. This allows for families to be together during this difficult time.)"
This part is no longer on the link!!