Entry to Canada denied despite IRCC authorization

[mathnmusic]

I am a temporary foreign worker in Canada and my wife and baby were unable to board their flight to Canada to reunite with me here in Canada today, even despite the fact that they have obtained valid TRVs as well as the written travel authorizations from the IRCC. The airline agent at the check-in counter apparently forwarded all documents (my work permit, proof of relationship, IRCC written authorizations, etc.) to a CBSA officer who then determined that their travel was "discretionary/non-essential".

It's clearly stated here that immediate family members of temporary Canadian residents are exempt from the travel restrictions:

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#other

My wife and child are dependent on me, and we took all the steps necessary to follow all the rules listed on the IRCC website and seek the relevant IRCC authorizations so that they can reunite with me here in Canada. We were not expecting a CBSA officer to refuse their entry and this has put us in a very uncomfortable spot.

Could anyone please offer advice on this unfortunate situation?

@legalfalcon

 

[Naturgrl]

Sorry to hear. When does your work permit expire?

 

[mathnmusic]

Jan 2022. My suspicion is that they were denied entry because their travel was booked on a temporary basis, i.e. for the 6 months that TRV holders are permitted. I thought it would be an issue if they were to stay here longer than that...

Why would they even issue the IRCC authorization if this was an issue??

 

[Naturgrl]

When was the return flight booked/how long was the visit planned? CBSA can always say that their visit is non essential even after approval.

 

[mathnmusic]

Return trip was scheduled for June 2021.

Would today's refusal affect their chances of entering Canada again in the near future?

 

[Naturgrl]

Honestly I don’t know. Call IRCC Or CBSA.

 

[sahilarora2003]

May i know which airlines you booked for them?

 

[mathnmusic]

Caribbean Airlines.

 

[Craig3558]

They say they must visit a minimum of 15 days. Did she fill out the quarantine plan on the Canada app? They say it’s essential.

Read my post above, I’m trying to get my fiancée over for 3 months, she’s got an eTA though getting no reply from IRCC regarding written authorisation. All I get is automated standard emails with no details to my request.

 

[legalfalcon]

I am a temporary foreign worker in Canada and my wife and baby were unable to board their flight to Canada to reunite with me here in Canada today, even despite the fact that they have obtained valid TRVs as well as the written travel authorizations from the IRCC. The airline agent at the check-in counter apparently forwarded all documents (my work permit, proof of relationship, IRCC written authorizations, etc.) to a CBSA officer who then determined that their travel was "discretionary/non-essential".

It's clearly stated here that immediate family members of temporary Canadian residents are exempt from the travel restrictions:

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#other

My wife and child are dependent on me, and we took all the steps necessary to follow all the rules listed on the IRCC website and seek the relevant IRCC authorizations so that they can reunite with me here in Canada. We were not expecting a CBSA officer to refuse their entry and this has put us in a very uncomfortable spot.

Could anyone please offer advice on this unfortunate situation?

@legalfalcon

For immediate family members of foreign temporary workers, there is no blanket exemption, and that is why a travel authorisation is required. Even when a travel authorisation is provided, the CBSA officer at the PoE has the final authority to determine whether the authorisation for travel is for for non-discretionary purpose.

The AL is for a one time. You can request IRCC to issue it again and explain this whole issue.

 

[mathnmusic]

For immediate family members of foreign temporary workers, there is no blanket exemption, and that is why a travel authorisation is required. Even when a travel authorisation is provided, the CBSA officer at the PoE has the final authority to determine whether the authorisation for travel is for for non-discretionary purpose.

The AL is for a one time. You can request IRCC to issue it again and explain this whole issue.

Would we absolutely have to get the AL reissued, given that they didn't even get to "use it" for travel? I wouldn't want us to have to go through the entire application and waiting process again...

I understand that the CBSA officer at the PoE has the final authority, but how much more non-discretionary can it get than a dependent wife and baby needing to reunite with the breadwinner of the family?

 

[scylla]

Would we absolutely have to get the AL reissued, given that they didn't even get to "use it" for travel? I wouldn't want us to have to go through the entire application and waiting process again...

I understand that the CBSA officer at the PoE has the final authority, but how much more non-discretionary can it get than a dependent wife and baby needing to reunite with the breadwinner of the family?

Honest answer? This is what would make your case stronger:

Your wife would be better positioned if she was holding a OWP vs. a TRV. An OWP demonstrates a stronger intent to remain in Canada long term with you and work. A TRV is a tourist visa which demonstrates an intent to visit temporarily. Intent to visit temporarily = far more discretionary.

 

[mathnmusic]

Honest answer? This is what would make your case stronger:

Your wife would be better positioned if she was holding a OWP vs. a TRV. An OWP demonstrates a stronger intent to remain in Canada long term with you and work. A TRV is a tourist visa which demonstrates an intent to visit temporarily. Intent to visit temporarily = far more discretionary.

Thanks!

 

[legalfalcon]

Would we absolutely have to get the AL reissued, given that they didn't even get to "use it" for travel? I wouldn't want us to have to go through the entire application and waiting process again...

I understand that the CBSA officer at the PoE has the final authority, but how much more non-discretionary can it get than a dependent wife and baby needing to reunite with the breadwinner of the family?

If you read the travel exemption instructions the AL is for one time use only. If you have used it, and a determination was made on it, it would have been entered in the GCMS notes. Most likely you cannot use it again to travel to Canada, unless expressly authorised by IRCC.

This may seem unfair, but this is happening more often that we know.

Instead of a visitor's visa, you can apply for a OWP for your spouse and that will give you better grounds.

 

[mathnmusic]

Thanks everyone for your help. I'll keep you posted on our progress.