Last updated on June 10th, 2020
In response to the COVID-19 pandemic, the Canadian government has implemented several measures that impact immigration programs and the ability to enter Canada. These include:
- Prohibiting Symptomatic Individuals from Entering Canada
- Restricting who can Travel to Canada from the United States of America
- Restricting who can Travel to Canada Internationally
- Masks During Travel and Self-Isolation Upon Arrival into Canada
- Suspending the Processing of Certain Temporary Residence Applications
- Providing Flexibility for Students
- Introducing new Rules for Employers of Foreign Workers
- Introducing a new Ground of Inadmissibility for Failure to Self-Isolate
- Not Returning Incomplete Permanent Residence Applications
- Suspending the Collection of Biometrics
- Suspending Immigration and Refugee Board Hearings
- Suspending Federal Court Timelines
Please note that the Canadian government is expected to amend its policies as needed in the coming weeks and months and as such we ask that you contact us for advice before relying on the information provided in this memo. Note also that validity of these orders may be extended or cancelled at any time.
- PROHIBITING SYMPTOMATIC INDIVIDUALS FROM ENTERING CANADA
On April 17, 2020 Transport Canada enacted Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6. It provides that any persons exhibiting COVID-19 symptoms will not be allowed to board an aircraft to fly into Canada, regardless of their status in Canada. This includes Canadian citizens.
Air operators are required to do a health check for all air travellers before they board the flight based on guidance from the Public Health Agency of Canada.Read more ›
Regulation 205(b) of the Immigration and Refugee Protection Regulations provides that a work permit may be issued under section 200 to a foreign national who intends to perform work that would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries.
The Immigration, Refugees and Citizenship Canada Guidelines (the “Guidelines”) state that visiting professors may be issued work permits pursuant to R205(b).
To be eligible, an applicant must:
- be applying for a work permit of not more than two academic years;
- to take a position with a post-secondary institution; and
- retain their position abroad.
Visiting professors may also include those on sabbatical who are doing collaborative research with a Canadian post-secondary institution.
The term “retain their position abroad” means that the professor must maintaing their employment abroad as a professor.
Work permits for visiting professors are authorized for a maximum period of two academic years.
Visiting professors are not eligible to extend their work permits under this category, and their employers must apply for a Labour Market Impact Assessment to extend their stay.
Read more ›
Whether an individual is remorseful is a factor in assessing humanitarian & compassionate considerations.
In Pu v Canada (Citizenship and Immigration), 2018 FC 600 Justice Diner held that:
With respect to remorse, the IAD concluded that the Applicant’s remorse was not genuine principally because (a) she had continued to misrepresent her position in 2009, and (b) at the IAD hearing she had attempted to deflect responsibility for her earlier actions. The IAD acknowledged the Applicant’s expressions of remorse at the appeal, but found that she had had since 2009 to take responsibility for her actions, and that the Applicant was ultimately remorseful only for having been caught at the hearing — several years after her initial interview with CBSA, during which she again misrepresented the circumstances of the marriage.
Although the Applicant disagrees that she deflected responsibility at the IAD appeal, I am of the view that the IAD’s findings were reasonably open to it based on the evidence before it. I also note that the IAD’s reasoning is consistent with other areas of law where late-stage accountability can weigh significantly against a party who seeks discretionary relief.
To conclude on this issue, I will cite from the IAD’s comments in Lin v Canada (Minister of Public Safety and Emergency Preparedness), 2017 CanLII 26505 (CA IRB), which are on point for this case:
Remorse is defined as deep regret or guilt for a wrong committed, and a feeling of being sorry for doing something bad or wrong in the past. There are two components to remorse in the context of a misrepresentation: one involves the actions preceding the IAD appeal; and the other is the expression of remorse in testimony at the appeal itself.Read more ›
Immigration, Refugees and Citizenship Canada is increasing processing fees.
- Starting in 2020-21, permanent resident processing fees for Economic class applicants increase as follows:
- Fees for principal applicants of the Economic business class (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will increase from $1,050 to $1,575 (an increase of 50%).
- Fees for principal applicants of the Economic non-business class will go from $550 to $825 (an increase of 50%). Note: this increase will not apply to fees for principal applicants and their families in the Caregivers programs, which will remain unchanged.
- Fees for spouses or common-law partners of all Economic classes will go from $550 to $825 (an increase of 50%).
- Fees for dependent children of all Economic classes will go from $150 to $225 (an increase of 50%).
- The right of permanent resident fee will increase from $490 to $500 (an increase of 2%).
- Starting in 2022-2023, on the day of the two-year anniversary of the coming into force of these Regulations and every two years thereafter, selected permanent resident processing fees will be increased every two years by the applicable Consumer Price Index (CPI) increase, rounded to the nearest $5. The approximation assumption being that the CPI is 2% per year on average, but the fees would nevertheless be subject to inflation calculated cumulatively from the time of coming into force. The following prospective fee increases below are provided for illustrative purposes only:
- Permanent resident processing fees for all economic business class principal applicants (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will be increased to approximately $1,640 (projected) in 2022-2023, to $1,705 in 2024-2025, and so on.
- Permanent resident processing fees for most economic non-business class principal applicants (including federal skilled workers,
Last updated on April 6th, 2020
During the last two weeks of March, 2020, the Government of Canada implemented many measures in response to the COVID19 pandemic. In the immigration context, these measures included travel bans, the suspension of biometrics and the transition of most Immigration, Refugees and Citizenship Canada (“IRCC”) officers to remote work. The changes were frequent, dramatic and difficult to keep up with. They have left a lot of prospective immigrants wondering what exactly is open with regards to Canada’s immigration programs.
Please note that this article was written on April 1, 2020.
Canada is currently denying boarding to most foreign nationals on flights to Canada. There are, however, numerous exemptions to this.
First, individuals who are travelling from the United States who have been in the United States for at least 14 days before they try to travel to Canada by land, sea or air, can travel to Canada if they are asymptomatic. Such individuals must show that they are coming to Canada for essential reasons and not for reasons that are optional or discretionary, such as tourism, recreation or entertainment.
Second, all temporary foreign workers, as well as international students who have a valid study permit or who were approved for a study permit before March 18, 2020, and foreign nationals who were approved for permanent residence before March 18, 2020, but who have not yet travelled to Canada to land as a permanent resident, can travel to Canada.
Third, the immediate family members of Canadian citizens and permanent residents can travel to Canada. Immediate family members includes spouses,Read more ›
A quick post today as there is alot going on due to the corona virus, but Justice Annis just released an interesting decision in Pryce v. Canada where he certified the following question:
In the context of a request for humanitarian and compassionate considerations under subsection 25 (1) of IRPA, must an officer consider evidence of past hardship of unconscionable mistreatment of an applicant and her children, not recurring or arising on removal, and not cited as a factor in the Guidelines, but that may accord with the principles in Chirwa v. Canada (Minister of Citizenship and Immigration) (1970), 4 I.A.C. 338 adopted in Kanthasamy v Canada (Citizenship and Immigration) 2015 SCC 61, even if the issue has not been explicitly raised by the applicant as a relevant factor for consideration? If not, may the applications judge raise the question as a new issue in accordance with the principles of R. v Mian, 2014 SCC 54?Read more ›
Last updated on April 1st, 2020
In response to the COVID-19 pandemic, the Canadian government has implemented several measures that impact immigration programs and the ability to enter Canada. Current measures under the Non-US OIC and the Quarantine OIC will be effective until June 30, 2020, while current measures under the US OIC will be effective until April 21, 2020, and current measures under the Interim Order are effective until further notice.
Please note that the Canadian government is expected to amend its policies as needed in the coming weeks and months and as such we ask that you contact us for advice before relying on the information provided in this memo.
- PERSONS ALLOWED INTO CANADA
Before determining whether you fall into one of the categories below, please note that any persons exhibiting COVID-19 symptoms (e.g. fever and cough, or fever and breathing difficulties) will not be allowed to board an aircraft to fly into Canada, regardless of your status in Canada. This blanket prohibition affects Canadian citizens and permanent residents. You will, however, be allowed to enter Canada through the Canada–US land border, though you will be subject to the 14-day self-isolation requirement outlined in the Quarantine OIC.
Please note that, even if you fall into one of the exemptions below, foreign nationals seeking to enter Canada must still apply for a Temporary Resident Visa (if you are travelling to Canada as a citizen of a visa-requiring country) or an eTA (if you are flying to Canada as a citizen of a visa-exempt country).
Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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