Question Period Note: COVID-19 Measures for Foreign Nationals Outside Canada

Following the implementation of travel restrictions due to the COVID-19 pandemic, IRCC implemented measures to help facilitate and process applications for those who meet travel exemptions or whose travel is non-discretionary.

• With a ban on entry for most foreign nationals and a mandatory 14-day quarantine for unvaccinated travellers, Canada has some of the strictest travel and border measures in the world.

• Beginning July 5, 2021 at 11:59 PM, fully vaccinated travellers who are permitted to enter Canada will not be subject to the federal requirement to quarantine or to take a COVID-19 test on Day 8.

In addition, as of June 21, any foreign national who holds a valid Confirmation of Permanent Residence (COPR) are exempt from the travel restrictions, including resettled refugees.

• Exemptions to the travel restrictions have supported the Canadian economy by allowing workers with job offers to enter, supported the reunification of family members, facilitated the arrival of most international students, and allowed for foreign nationals to enter for compassionate reasons.

If pressed
For those who have an expired COPR issued after March 18, 2020, more information on when and how to obtain a new COPR will soon be available on IRCC’s website.

If pressed on India flights
• In response to an increasing number of COVID-19 cases detected among travellers from India, Canada has extended its restrictions for flights originating in India until July 21, 2021.
• Travellers coming from India en-route to Canada via a third country are still required to stopover in that country to complete a COVID-19 test and must present a negative test result before they can board a flight to Canada.

Visitor Processing (Temporary Resident Visas and Electronic Travel Authorizations):

• Ministerial Instructions (MIs) were signed on July 1, 2020 to lift the temporary pause and resume processing of all temporary resident visas (TRV) and electronic travel authorizations (eTA) applications which require manual review. Under the current MIs, applications must be submitted online, with a couple exceptions, including those who, because of a disability, are unable to submit an application using electronic means. These MIs are in force until September 30, 2021.

• Applications for clients who meet a travel restriction exemption and who are travelling for a non-discretionary purpose will be prioritized and processed first; this includes both new applicants and those whose applications are pending.

• Clients who do not meet a travel restriction exemption but who are processed and approved for a TRV or eTA, including study and work permit applications, are advised via email that despite their approval, now is not the time to travel to Canada.

• Application fees still apply and applicants must continue to meet all eligibility and admissibility requirements as per the Immigration and Refugee Protection Act (IRPA).

• The majority of approved applicants will be granted multiple entry TRVs valid for 10 years or until passport expiry, whichever comes first. eTAs are also multiple-entry and valid for 5 years or until passport expiry, whichever comes first.

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International Students:

• Since October 20, 2020, study permit holders and those approved for a study permit are exempt from the travel restrictions as long as they are attending a Designated Learning Institution (DLI) that has a provincially or territorially approved COVID-19 readiness plan in place. The list of approved DLIs can be found on IRCC’s website.

• Air carriers are instructed to conduct an assessment of foreign nationals’ ability to travel to Canada based on CBSA guidance before boarding, however the decision to allow entry into Canada will rest with border services officers at a Canadian port of entry.

• A two-stage assessment process for new study permit applications made outside of Canada has been implemented, which allows officers to make a preliminary eligibility decision on incomplete applications, followed by a final decision once remaining documents are received. This will provide reassurance to study permit applicants who are beginning studies in the Winter 2021 semester via distance learning, but does not guarantee their study permit will be approved.

• Study permit applicants will not be refused for failing to provide supporting documentation with their application due to service interruptions, such as biometric data or medical examination results. These applications will be kept open until these documents can be provided.

IRCC acknowledges that some students may want or need to start or continue their program of study via distance learning from abroad. No study permit is required to take classes via distance learning, however it is normally not counted towards Post-Graduation Work Permit (PGWP) eligibility or validity duration.

• On August 26, 2020, the following three PGWP temporary measures were announced:
o Students may study online from abroad until April 30, 2021, with no time deducted from the length of a future post-graduation work permit, provided 50% of their program of study is completed in Canada.
o Students who have enrolled in a program that is between 8 and 12 months in length, starting in the spring – fall semester 2020, will be able to complete their entire program online from abroad and still be eligible for a post-graduation work permit.
o Students who begin a program of study in the spring – fall 2020 semester, and complete that program entirely online (up to April 30, 2021), and who graduate from another program of study, may be able to combine the length of the two programs when applying for a post-graduation work permit as long as both programs are eligible for this work permit and 50% of their total studies are completed in Canada.
• These measures are available to eligible students who hold a valid study permit, have been approved for a study permit, and those who have submitted a study permit application prior to commencing a program of study in the spring, summer or fall 2020 semester, or the Winter 2021 semester. All students must eventually be approved for a study permit.

Temporary Foreign Workers:

• Temporary foreign workers are exempt from the travel restrictions when traveling for a non-discretionary purpose, such as having a valid job offer in Canada. New workers, who are approved for a work permit, and who have work arrangements that are not impacted by the mandatory closure of non-essential businesses can continue to come to Canada to work. All workers’ entry (or re-entry) is subject to the discretion of a CBSA border services officer upon assessment at the port of entry. As a part of this assessment, workers must be able to provide proof that their employer is currently operating and that their job offer remains valid.

• Applicants outside Canada can continue to submit applications online, including those who are normally allowed to apply at a port of entry. These applicants may only continue to apply at a port of entry if they are entering Canada directly from the U.S. Applicants may not travel from inside Canada to a port of entry to apply for a work permit (i.e. flagpole) as this travel is considered non-discretionary.

• Temporary workers who were approved for a work permit and received a letter of introduction, and whose letter is about to expire within a month, can contact the Department to request an additional 90 days to enter Canada if they are unable or unwilling to travel to Canada. These requests are assessed on a case-by-case basis. International Experience Canada participants may also benefit from this measure.

• Program integrity measures continue to be implemented to identify, assess and mitigate risks to balance facilitation with the government’s commitment to the safety and security of Canadians and to maintain public confidence in our immigration system.

• The Department is prioritizing the processing of work permit applications for foreign nationals to support the needs of essential sectors such as health and agriculture, specifically for those in the Seasonal Agricultural Workers Program (SAWP) and the Agricultural Stream.

Enhanced Testing and Quarantine Requirements for Air and Land Travelers

• All travellers over the age of five arriving in Canada are required to provide evidence of a negative COVID-19 molecular test taken on a specimen collected no more than 72 hours before boarding a flight to Canada or before seeking entry at a land port of entry. Travellers are also required to undergo another COVID-19 test upon entry into Canada.
• Effective July 5, 2021 at 11:59 p.m, travellers arriving into Canada will be subject to quarantine and testing requirements dependent on their vaccination status. Fully vaccinated travellers – that is, travellers who have undergone a full course of a Health Canada approved vaccine at least 14 days prior to entering Canada – would be exempt from quarantine requirements, including a stay at a Government-Authorized Accommodation and day 8 testing. Fully vaccinated travellers are still required to undergo on arrival testing, but do not need to quarantine while awaiting results.
• For these new facilitative measures to apply, fully vaccinated travellers must meet all other mandatory requirements, be asymptomatic, and provide COVID-19 related information electronically through ArriveCAN prior to arrival in Canada. They must still provide information on a suitable quarantine plan, and be prepared to quarantine, in case it is determined at the border that they do not meet the required conditions.
• There are no changes to the quarantine and testing requirements for unvaccinated or partially vaccinated travellers. These travellers are still required to abide by all testing and quarantine requirements, including a stay in a Government-Authorized Accommodation while awaiting the results of the on-arrival test if arriving by air.

Biometrics:

Applicants between the ages of 14 and 79 must provide their biometric information in support of their temporary or permanent residence application within 30 days. Due to COVID-19, the Department has put in place temporary public policies to exempt certain applicants from having to give biometrics in support of their application. Exemptions include permanent residence applicants who have previously given their biometrics within the last 10 years and temporary residence applicants who are applying from within Canada.

• As of February 28, 2021, 150 VACs are open to the public (92%). 13 are fully open and 137 offer partial services (reduced hours and/or limited services). 13 VACs are currently closed, of which 4 are offering back-office work (i.e. passport submission and/or return). As of the week of September 14, Service Canada (SC) began a phased resumption for permanent resident (PR) applicants in Canada who have never been biometrically enrolled. As of April 26, a temporary measure was put in place to exempt PR from having their photo taken during biometric collection as the removal of face masks is currently not permitted at any SC due to COVID-19 protocols. Applicants’ fingerprints will continue to be collected, and IRCC will use them to process their current application.

• A public policy was put in place to exempt foreign nationals in certain sectors, namely the agriculture, agri-food and health-care sectors, from having to give their biometric information before coming to Canada if the biometric collection site closest to them is closed. Instead, the CBSA has agreed to enroll and assess the biometrics of clients at the port of entry upon arrival, whenever feasible. This measure will mitigate the program integrity risks associated with this exemption and ensure that workers can quickly arrive to Canada to fill critical labour needs.

• In addition to the above, permanent resident applicants who have previously given their biometrics in support of a previous claim, application or request under the Immigration and Refugee Protection Act within the past 10 years, are exempt from the requirement to give their biometrics in support of their pending or new application for permanent residence.
• If the applicant is not exempt and is unable to provide their biometrics due to COVID-19 closures, designated officers have the discretion to exempt applicants from providing biometrics under section R12.8, if it is determined that the collection of biometric information is impossible or not feasible. Designated officers should apply this exemption on a case-by-case bases and must assess the exceptional circumstances associated with the client’s application. If an exemption is granted, the visa may be issued for a shorter period.

Immigration Medical Exams:

• Canada requires that all permanent resident and certain temporary resident applicants undergo an Immigration Medical Exam to determine health inadmissibility, and hold a valid medical certificate based on this medical exam which must have taken place within the previous 12 months. Depending on when the medical exam was conducted, the medical certificate may expire prior to the completion of an immigration application.

• In response to global travel restrictions, the Department is facilitating proactive medical reassessments for certain applicants whose current medical certificates have expired prior to their ability to travel.

• To qualify for a medical reassessment, every applicant must meet specific requirements, including that they posed no risk to public health at the time of their original medical examination, they reside in a country with a low incidence of tuberculosis, and their medical certificate is no more than three months expired.

• Following a review of the client’s existing medical records, a medical officer may issue a new medical certificate valid for up to a year, in lieu of a new medical exam.

• This facilitative measure will ensure that low-risk clients will not have their applications negatively affected on the basis of not having a valid medical certificate for reasons beyond their control, while still managing any incremental public health risk in Canada.

• Global panel physician capacity for conducting immigration medical exams has returned to a normal processing level and service standards are being met. This is being closely monitored as capacity may fluctuate due to evolving COVID-19 measures in various regions.

Family Reunification Travel Restriction Exemption:

• The Government of Canada understands the importance of family reunification, particularly during these unprecedented times. As such, specific exemptions to the travel restrictions allow for family reunification. The objective is to facilitate reuniting family members who have been separated as a result of the COVID-19 travel restrictions.

• Immediate and extended family members of Canadian citizens, permanent residents, and persons registered under the Indian Act, are exempt from the discretionary travel test if intending to stay in Canada for at least 15 days. If an individual is seeking entry to Canada for fewer than 15 days, they will have to demonstrate that their travel is for a non-discretionary purpose.

• All foreign nationals seeking to travel to Canada as an immediate family member of a Canadian citizen, permanent resident or person registered under the Indian Act needs to travel with evidentiary proof of their relationship, but do not need written authorization from the Department.
• All foreign nationals seeking to travel to Canada as an extended family member of a Canadian citizen, permanent resident or person registered under the Indian Act will need to seek a written authorization from IRCC and provide a statutory declaration that has been completed by their family member in Canada that is solemnly declared in the presence of an authorized official, attesting to their relationship to the foreign national. The extended family member will need to submit the completed and signed declaration through designated IRCC channels, and those who are determined to be eligible will receive written authorization for travel. Extended family members will need to travel with both this authorization, as well as the statutory declaration, to be permitted to travel to and enter Canada.
• Additionally, foreign nationals who are travelling from a country other than the U.S. and who are seeking to reunite with an immediate family member who lives in Canada, but is not a Canadian citizen or permanent resident, may be eligible for an exemption. The foreign national must be travelling for an essential (non-discretionary) purpose and must seek written authorization from IRCC by contacting the Department through a specialized channel. At the time of travel, air carriers will require this written authorization to permit the foreign national to travel.

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