Impacts of Covid 19 on Canadian Immigration and Foreign Nationals
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by Peter W. Wong, Q.C. & Rekha McNutt
Many are concerned about the current processing of immigration applications and dealing with border closures. This article will help provide some clarity on the current situation that we hope will assist you.
Please contact us for any assistance you require during these difficult and uncertain times. Caron & Partners is open for business and ready to help you with your unique situation.
As of March 19, 2020, here’s what we know:
The Prime Minister of Canada has announced that all travel into Canada will be restricted to Canadian Citizens and permanent residents of Canada, and their immediate families. There are possible exceptions in respect of trade and commerce to keep the supply chains open. In our communications with CBSA Headquarters it is likely that foreign workers, such as truck drivers carrying valid Canadian work permits, will be allowed to enter Canada as an exception, however individual Ports of Entry will likely make case by case decisions in the absence of firm guidance.
The U.S. government has announced that they are closing the border between Canada and the U.S. to all non-essential travel, but has not yet defined what non-essential travel is. We believe that they will try not to impede essential travel to keep the supply of goods from entering and leaving the U.S., particularly as it relates to necessities of life. How the definition of non-essential travel will be interpreted at U.S. ports of entry remain to be seen.
As far as we are aware all Canadian Embassies and ports of entry into Canada are functional at this time and issuing documents such as visas and other travel documents. However, even if a visa for a non-Canadian or non-permanent resident is issued it cannot be used until the general ban stated above is lifted. There is inconsistent and unreliable information at this time about PR visa holders being able to travel to Canada to finalizing their landing.
The Immigration and Refugee Board (which includes the Refugee Division and the Immigration Appeal Division) has temporarily suspended hearings for the next few weeks. If you have a hearing scheduled between now and April 5th, 2020 it will not proceed. The IRB will reschedule these hearings as soon as possible.
For those in Canada, extensions of visitor records, work permits or study permits are being processed normally. Expect delays due to the volume of applications, and staffing shortages resulting from quarantining of staff.
At the present time Federal employees are going to work and the processing of applications are still ongoing. Deadlines for filing applications including for such things as Post Graduate Work Permits, and restoration of status remain unchanged, so do not assume that the pandemic has suspended all deadlines.
The Federal Court is not currently open to the public, including courier deliveries. All filings are done online and the Department of Justice is open to e-service. Having said that, all deadlines are suspended until mid-April 2020. Of course, there are no hearings taking place. Emergency applications may still be possible by phone.
We are staying on top of announcements and changes from all government departments. Contact us for assistance with any Canadian immigration issue you face. We have a team of very qualified immigration lawyers ready to help you with your matter.
Stay healthy!