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March 20, 2020 and are expected to be in place for a minimum of 30 days - until April 20, 2020 - and may be amended or rescinded at any time.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. PwC Law team continues to monitor the rapid developments in these unprecedented times and will keep organizations updated.
For more information on the above, or any other immigration matter, please contact a member of our team at PwC Law LLP.
