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Travel restriction exemption - spouse of medical doctor (family reunification purpose)

jolau

Newbie
Jun 1, 2020
2
0
I am a medical doctor/healthcare worker from the Netherlands and got a 2-year job offer to work at the emergency room starting July 1st. As I want to be together with my common-law partner who I've been together with for years, we both applied for a visa in February. I applied for a LMIA exemption visa with an open work permit application for my common-law partner linked to my application. My visa got approved on 2 April 2020 and because of my job I am exempt from travel restrictions. Yet my common-law's visa application is still on submitted and it is unclear if she is allowed to accompany me.

Because the starting date of my job is approaching we want to travel to Canada so we applied for my common-law partner to be exempt from Canada’s Travel Restrictions for the Purpose of Family Reunification via e-mail. We've been in contact with IRCC and we received a(n online) reply stating:

"Your request to be exempt from the restrictions to travel to Canada listed in the Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID 19, no.3, under section 3(1)(b) of the Order in Council, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States) has been refused.

Based on our assessment of the information you provided and the information in our system, we have not found that you meet the exemption criteria. In particular, the purpose of your travel is of an optional or discretionary nature.

o The travel restrictions apply to all travel of an optional or discretionary nature, such as tourism, entertainment or recreation.

Please note that, as you are not exempt from the restrictions to travel to Canada, you should not plan or undertake any travel to Canada, as you will be prevented from boarding your flight and/or entering Canada."

We attached our:
1. Representative form
2. My visa & visa approval letter
3. "Letter To Travel to Canada" from the hospital
4. Statutory Common Law Union
5. Detailed reason for travel.
and other relevant details like UCI,Passport number.

We didn't expect this answer at all and find the decision to deny travel exemption for accompanying partners quite remarkable. We feel like we can give a vital contribution to the healthcare system and can't believe IRCC could be expecting us to separate and feel like we're missing something. No explanation has been given on what policy or rules apply for accompanying direct family of vital foreign workers.

We e-mailed several times after this but they keep referring to the earlier message/reply without any explanation. We feel like we are being in a loop without given any feedback. Can anyone help with how to go forward from here? We are feeling a bit desperate and really want to know there's anything to be done.

Does anybody have an idea what we can do? Does anyone have a similar situation?
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am a medical doctor/healthcare worker from the Netherlands and got a 2-year job offer to work at the emergency room starting July 1st. As I want to be together with my common-law partner who I've been together with for years, we both applied for a visa in February. I applied for a LMIA exemption visa with an open work permit application for my common-law partner linked to my application. My visa got approved on 2 April 2020 and because of my job I am exempt from travel restrictions. Yet my common-law's visa application is still on submitted and it is unclear if she is allowed to accompany me.

Because the starting date of my job is approaching we want to travel to Canada so we applied for my common-law partner to be exempt from Canada’s Travel Restrictions for the Purpose of Family Reunification via e-mail. We've been in contact with IRCC and we received a(n online) reply stating:

"Your request to be exempt from the restrictions to travel to Canada listed in the Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID 19, no.3, under section 3(1)(b) of the Order in Council, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States) has been refused.

Based on our assessment of the information you provided and the information in our system, we have not found that you meet the exemption criteria. In particular, the purpose of your travel is of an optional or discretionary nature.

o The travel restrictions apply to all travel of an optional or discretionary nature, such as tourism, entertainment or recreation.


Please note that, as you are not exempt from the restrictions to travel to Canada, you should not plan or undertake any travel to Canada, as you will be prevented from boarding your flight and/or entering Canada."

We attached our:
1. Representative form
2. My visa & visa approval letter
3. "Letter To Travel to Canada" from the hospital
4. Statutory Common Law Union
5. Detailed reason for travel.
and other relevant details like UCI,Passport number.

We didn't expect this answer at all and find the decision to deny travel exemption for accompanying partners quite remarkable. We feel like we can give a vital contribution to the healthcare system and can't believe IRCC could be expecting us to separate and feel like we're missing something. No explanation has been given on what policy or rules apply for accompanying direct family of vital foreign workers.

We e-mailed several times after this but they keep referring to the earlier message/reply without any explanation. We feel like we are being in a loop without given any feedback. Can anyone help with how to go forward from here? We are feeling a bit desperate and really want to know there's anything to be done.

Does anybody have an idea what we can do? Does anyone have a similar situation?
Several individuals here have had similar experiences. The family reunification exemption is only being fully applied to immediate family members of Canadian citizens and permanent residents. For immediate family members of temporary workers (such as yourself), the spouse must demonstrate their travel is essential.

Your partner needs either an approved TRV or an eTA to board a plane to Canada under normal circumstances. However due to COVID-19, even with a valid TRV or eTA, your partner's travel is currently classified as non-essential. Travel restrictions are currently in place until end of June. If they are lifted as planned, your partner would be able to travel in July with an approved TRV / eTA (and without having to prove that travel is essential).

I don't believe you've said what kind of visa your spouse has applied for. If it's an open wrok permit, based on experiences here, that will not allow them to travel to Canada while travel restrictions are in place unless they have already secured a job offer in Canada.
 

jolau

Newbie
Jun 1, 2020
2
0
Several individuals here have had similar experiences. The family reunification exemption is only being fully applied to immediate family members of Canadian citizens and permanent residents. For immediate family members of temporary workers (such as yourself), the spouse must demonstrate their travel is essential.

Your partner needs either an approved TRV or an eTA to board a plane to Canada under normal circumstances. However due to COVID-19, even with a valid TRV or eTA, your partner's travel is currently classified as non-essential. Travel restrictions are currently in place until end of June. If they are lifted as planned, your partner would be able to travel in July with an approved TRV / eTA (and without having to prove that travel is essential).

I don't believe you've said what kind of visa your spouse has applied for. If it's an open wrok permit, based on experiences here, that will not allow them to travel to Canada while travel restrictions are in place unless they have already secured a job offer in Canada.
Hi Scylla,

Thank you so much for your quick reply! My spouse has applied for an open work permit. She has not gotten a secured job yet, since she was supposed to look for one once she arrives in Canada. Do you (or does anyone) know if and how it is possible for her to get an eTA alongside her work permit request in case Canada's borders open up end of June? So we can book a ticket as soon as possible when we hear the news that non-discretionary travel is allowed :).

Thank you!
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Scylla,

Thank you so much for your quick reply! My spouse has applied for an open work permit. She has not gotten a secured job yet, since she was supposed to look for one once she arrives in Canada. Do you (or does anyone) know if and how it is possible for her to get an eTA alongside her work permit request in case Canada's borders open up end of June? So we can book a ticket as soon as possible when we hear the news that non-discretionary travel is allowed :).

Thank you!
Yes - she can do that. She can apply for an eTA online herself. Very easy to do that and can be done in parallel with the OWP.
 

silky28

Star Member
Sep 11, 2013
60
1
Who do you contact about this?

My American wife and I are currently in the UK for my studies. We were planning to return late in the year but with Covid we decided to come back in August. But because of the current COVID issue we cannot even apply for PR because I cannot get the American criminal record check because the police here are not doing the finger printing.

I need to know if my wife will be able to come with me to Canada with our child...