CoPR post March 18 Travel Exemption

[cecoutlanduser123]

Hi guys, just a quick update.

I just got my PR card yesterday. Landed in Canada last month, Feb 17. So it took exactly a month and six days

Can you tell me your stream please and AOR?

 

[pisces88]

Can you tell me your stream please and AOR?

Hi,

AOR Nov 2019, PNP Outland Stream

 

[Noukie’s]

a Job offer by itself would not suffice. However, if you have a work permit, you are exempt. But, you can surely try getting an AL.

@legalfalcon is it possible for someone with approved CoPR to apply for WP in order to travel to Canada for a job offer?
if yes, could you pls share the source of info?

Our CoPR issued post Mar’20 was expired in Jan’21 and my husband has a job offer in essential services. We’d applied for AL to travel since Feb but have not heard anything from IRCC yet. Seem IRCC doesn’t care even when you get a job offer in essential services.

 

[Naturgrl]

@legalfalcon is it possible for someone with approved CoPR to apply for WP in order to travel to Canada for a job offer?
if yes, could you pls share the source of info?

Our CoPR issued post Mar’20 was expired in Jan’21 and my husband has a job offer in essential services. We’d applied for AL to travel since Feb but have not heard anything from IRCC yet. Seem IRCC doesn’t care even when you get a job offer in essential services.

A job offer is not enough. His employer needs a LMIA. Do you have a LMIA?

 

[legalfalcon]

@legalfalcon is it possible for someone with approved CoPR to apply for WP in order to travel to Canada for a job offer?
if yes, could you pls share the source of info?

Our CoPR issued post Mar’20 was expired in Jan’21 and my husband has a job offer in essential services. We’d applied for AL to travel since Feb but have not heard anything from IRCC yet. Seem IRCC doesn’t care even when you get a job offer in essential services.

Each application is processed on its own merits and has no impact on each other. It will have no bearing on your PR application.

As per subsection 22(2) of the Immigration and Refugee Protection Act dual intent is allowed

Dual intent

(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

 

[Noukie’s]

A job offer is not enough. His employer needs a LMIA. Do you have a LMIA?

I didn’t check with them on LMIA as we understood that CoPR holder is not eligible to apply for WP.

The employer is aware that we’re approved CoPR and required an AL to enter to Canada, they provided us a letter from legal department addressed to IRCC to request for exemption to travel as of essential services. But we heard nothing from IRCC so far.

In fact, the job offer was expired due to our inability to enter Canada to start work. However, I just noticed the employer is posting a job ad again which means they’re not able to hire a suitable candidate yet. So now I’m thinking of asking them if OK to process with WP, but we’re worried this may cause us trouble when we enter Canada and land as PR instead of WP.

Thus, we’d really need guidance here if it’s safe to apply for WP and if there is any negative impact to our expired CoPR.

 

[Noukie’s]

Each application is processed on its own merits and has no impact on each other. It will have no bearing on your PR application.

As per subsection 22(2) of the Immigration and Refugee Protection Act dual intent is allowed

Dual intent

(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

@legalfalcon thank you for replying promptly to my questions and for the URL.

I read thru, it’s mentioned that “Dual intent is present when a foreign national who has applied or may apply for permanent residence in Canada also applies to enter Canada for a temporary period” - Does this really apply to us as we’re already approved CoPR?

For example, we’re able to fly to Canada as a WP, what will happen when we land at the borders?
Per my understanding, as an approved CoPR, we’ll do our PR landing at the port of entry. Will IRCC officer validate our expired CoPR and cancel the WP?

 

[legalfalcon]

@legalfalcon thank you for replying promptly to my questions and for the URL.

I read thru, it’s mentioned that “Dual intent is present when a foreign national who has applied or may apply for permanent residence in Canada also applies to enter Canada for a temporary period” - Does this really apply to us as we’re already approved CoPR?

For example, we’re able to fly to Canada as a WP, what will happen when we land at the borders?
Per my understanding, as an approved CoPR, we’ll do our PR landing at the port of entry. Will IRCC officer validate our expired CoPR and cancel the WP?

First of all COPR is no category. You only become a PR when you land and are admitted. Until then even if you have a COPR, you are a foreign national (alien). The dual intent is for when you apply for a TRV (WP / visitor's visa / Study permit etc,), and later apply for a PR, or the other way around.

When you land at the border with a WP, and if you also have a COPR, then your should be processed as a PR, and all TRVs should be cancelled. But that will be at the discretion of the Border officer.

See https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf

 

[Noukie’s]

First of all COPR is no category. You only become a PR when you land and are admitted. Until then even if you have a COPR, you are a foreign national (alien). The dual intent is for when you apply for a TRV (WP / visitor's visa / Study permit etc,), and later apply for a PR, or the other way around.

When you land at the border with a WP, and if you also have a COPR, then your should be processed as a PR, and all TRVs should be cancelled. But that will be at the discretion of the Border officer.

See https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf

@legalfalcon noted with many many thanks!
Will try to reach out to the employer again, hopefully there’s a chance for us to get WP to enter Canada to start work and land as PR. Wish you a nice weekend there!

 

[Klaverveld]

Another exemption!!
Thousands will profit from this decision!

https://www.cicnews.com/2021/03/amateur-athletes-exempt-from-canadas-covid-19-travel-restrictions-0317612.html#gs.ww19cg

 

[cecoutlanduser123]

Any update for outland CEC?

 

[pk960]

@legalfalcon can my wife travel with me same time if I have authorization letter based on sibling? We are approved pr post 18 march and i have AL but i have no clarity if my wife can travel with me or not? Any help or reference to similar case will b appreciated

 

[Naturgrl]

@legalfalcon can my wife travel with me same time if I have authorization letter based on sibling? We are approved pr post 18 march and i have AL but i have no clarity if my wife can travel with me or not? Any help or reference to similar case will b appreciated

No your wife needs her own letter which she will not get because she is not considered extended family as per travel rules.

 

[legalfalcon]

@legalfalcon can my wife travel with me same time if I have authorization letter based on sibling? We are approved pr post 18 march and i have AL but i have no clarity if my wife can travel with me or not? Any help or reference to similar case will b appreciated

No, your spouse cannot travel if there is no AL. However, if you are the PA, and upon landing will become a PR, your spouse will then be an immediate family member for a PR and thus exempt from the travel restrictions.

 

[iamgrezy]

Anyone who tried to enter Canada from US recently? Post March 18, 2020 here. Not a US Resident or Citizen but planning to travel to US and then enter Canada to complete PR Status. Anyone who has the experience or planning to do the same?