Friday, 24 April 2020

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)–Order-in-Council, 20 April 2020

The full text is available at https://orders-in-council.canada.ca/attachment.php?attach=39170&lang=en (archived: https://web.archive.org/web/20200424214557/https://orders-in-council.canada.ca/attachment.php?attach=39170&lang=en

As of 24 April 2020, it has not yet been published in the Canada Gazette.

Key Points

  • The OIC is valid to May 21, 2020 (s. 9)
  • The whole OIC doesn’t apply to registered Indians (s. 6(a)), persons determined to not be a risk by the Chief Public Health Officer (s.6(b)), or protected person (s. 6(c))
  • A foreign national cannot enter Canada from the US if “have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms” (s. 2(1)) unless they are making a refugee claim under certain exceptions to the STCA (s. 2(2) and s. 5(1)(a))
  • Entry to Canada from the US is restricted to people with a genuine, important, time-sensitive reason to enter Canada (s. 3) – CBSA has total discretion to consider whether the person is seeking to enter for “an optional or discretionary purpose”
  • Persons seeking to enter Canada from the US must be able to meet the requirements of a 14-day quarantine as set out in Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2—Order-in-Council, 14 April 2020 (s. 4(1)) unless they are making a refugee claim under certain exceptions to the STCA (s. 4(2) and s. 5(1)(a))
  • The refugee claimants who can enter Canada from the US are as follows:
    • At a land port-of-entry:
      • A person with a family member in Canada who has status (citizen, PR protected person, etc) (s. 5(1)(a)(i) and IRPR, s. 159.5(a)-(d))
      • A person holding, or not required to hold, documents for entry into Canada, or who is being returned to Canada from the US (s. 5(1)(a)(i) and IRPR, s. 159.5(f)-(h))
    • Location not specified (i.e. as set out in IRPR s. 159.4(1)):
      • A person whose entry into Canada to make a refugee claim has been determined to be in the national interest (s. 5(1)(b))
      • A US citizen (s. 5(1)(a)(ii) and s. 5(2)(a))
      • A stateless person whose “country of former habitual residence” is the US (s. 5(1)(a)(i) with IRPR, s. 159.2 and s. 5(2)(b))
      • An unmarried unaccompanied minor (s. 5(1)(a)(i) with IRPR, s. 159.5(e) and s. 5(2)(c))

The OIC is as follows in English (French text is available at link, above):

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

PC Number: 2020-0263

Date: 2020-04-20


Whereas the Governor in Council is of the opinion that

(a) based on the declaration of a pandemic by the World Health Organization, there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;

(b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

(c) the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada; and

(d) no reasonable alternatives to prevent the introduction or spread of the disease are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)   

Definition of foreign national

1 In this Order, foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.

  

Prohibition — signs and symptoms   

2 (1) A foreign national is prohibited from entering Canada from the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including:

  • (a) a fever and cough; or
  • (b) a fever and breathing difficulties.   

Non-application — certain persons   

(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.   

 

Prohibition — optional or discretionary purpose   

3 A foreign national is prohibited from entering Canada from the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.   

 

Prohibition — unable to meet quarantine requirement   

4 (1) A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 cannot be complied with.   

Non-application — certain persons   

(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.   

 

Prohibition — claim for refugee protection   

5 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person

  • (a) seeks to enter Canada at a land port of entry designated by the Minister of Public Safety and Emergency Preparedness under section 26 of the Immigration and Refugee Protection Regulations and
    • (i) is a person referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations; or
    • (ii) is a citizen of the United States; or
  • (b) is a person whose presence in Canada is determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to be in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.   

Non-application — certain persons   

(2) Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in paragraphs 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:

  • (a) a citizen of the United States;
  • (b) a stateless habitual resident of the United States; or
  • (c) a person who
    • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian within the meaning of the Immigration and Refugee Protection Regulations,
    • (ii) has neither a spouse nor a common-law partner within the meaning of those Regulations, and
    • (iii) has neither a mother or father nor a legal guardian within the meaning of those Regulations in the United States.   

Non-application — order   

6 This Order does not apply to

  • (a) a person registered as an Indian under the Indian Act;
  • (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health; or
  • (c) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.   

Powers and obligations   

7 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.   

Repeal of P.C. 2020-185   

8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)1 is repealed.   

Effective period   

9 This Order has effect for the period beginning on April 22, 2020 and ending on May 21, 2020.

1 P.C. 2020-185, March 26, 2020

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2—Order-in-Council, 14 April 2020, and guidance

*to be updated*

Tuesday, 7 April 2020

Travel restriction measures: COVID-19 program delivery - COVID-19 Program Delivery Instructions as of April 7, 2020

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions.html (archived)

Travel restriction measures: COVID-19 program delivery

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Air travel and border measures have been implemented to protect the health and safety of Canadians by restricting non-essential international travel. These instructions describe IRCC’s role in supporting the administration of these measures and provides guidance on applying some of the exemptions that are in place to facilitate necessary travel.
Important note: Regular travel document requirements for air travel and entry to Canada continue to apply. Foreign nationals who are exempted from the travel restrictions must continue to meet all travel document requirements under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).

On this page

Travel restrictions affecting foreign nationals

These restrictions have been implemented under the authority of the Minister of Health through emergency orders under the Quarantine Act and of the Minister of Transport through interim orders under the Aeronautics ActFootnote1 (the Orders).
In the air mode, the basic rule is that foreign nationals are prohibited from boarding an aircraft for a flight to Canada when
  • the flight is departing from any country other than the United States, and
  • the foreign national is not covered by any of the exemptions in the Orders
Canadian citizens, permanent residents and protected persons continue to be permitted to board an aircraft, subject to health screening measures.

Immediate family members

The definition of immediate family members set out in Interim Order No. 2 is broader than that in IRPA (spouses and common-law partners, their dependent children and any dependent children of their dependent children) and has been expanded to include
  • parents or step-parents
  • a parent’s or step-parent’s spouse or common-law partner
  • a guardian or tutor
In respect of a parent, dependent child is defined in IRPR as a child who
  • (a) has one of the following relationships with the parent, namely,
    • (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
    • (ii) is the adopted child of the parent; and
  • (b) is in one of the following situations of dependency, namely,
    • (i) is less than 22 years of age and is not a spouse or common-law partner, or
    • (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition.
Find additional information related to the interpretation of a dependent child:

Travel restriction exemptions

Immediate family members of Canadian citizens and permanent residents

A foreign national who is an immediate family member of a Canadian citizen or permanent resident is exempt from the travel restrictions and permitted to travel to Canada if they have the required travel documents.
Where the foreign national is a child, age and dependency is a factor. However, note that a foreign national who is an adult child of a Canadian citizen or permanent resident residing in Canada may be exempt under the family reunification exemption.
Where the foreign national is a parent, the Canadian citizen’s or permanent resident’s age is not a factor, and there is no requirement to establish dependency.
The immediate family member’s physical location is not a factor. They may be in Canada, in a third country, or accompanying the foreign national.
Travellers are expected to self-identify to airlines at the point of boarding that they are exempt under this provision by presenting documentation to establish their family member’s Canadian citizenship or permanent resident status and their relationship to that family member.

Recommended documentation for travel

Documentation showing their immediate family member’s Canadian citizenship or permanent resident status, such as a
  • Canadian passport
  • proof of Canadian citizenship such as a citizenship certificate, citizenship card or provincial or territorial birth certificate
  • Canadian permanent resident card
  • Canadian permanent resident travel document (visa counterfoil)
  • visa-exempt foreign passport and IRCC Special Authorization for Canadian Citizens (see below)
Documentation showing their relationship to that family member, such as a
  • marriage or common-law status certificate
  • birth certificate
  • Confirmation of Permanent Residence (COPR) for the family class (the COPR category under Application Details will be FC) or under the one-year window (coded OYW under Special Program)
  • other document(s) supporting an immediate family connection (for example, correspondence from IRCC showing spousal sponsorship in progress or documentation indicating a common residential address)
Paper and electronic copies of the documents listed above are acceptable.

Role of IRCC

Air carriers who require assistance to confirm that a foreign national passenger is eligible for this exemption will communicate through established channels with Transport Canada and the Canada Border Services Agency (CBSA).

Family reunification

The interim order also exempts foreign nationals whose travel to Canada is authorized in writing by an officer designated under IRPA or an employee of Global Affairs Canada (GAC) for the purpose of reuniting immediate family members.
The expanded definition of immediate family member described above continues to apply.
In order for a foreign national to be eligible under this exemption, there must be two or more foreign nationals who are immediate family members of each other, and authorizing one or more of them to enter Canada must allow them to be reunited.
While the foreign national’s immediate family member must be a resident in Canada, that family member does not have to be a Canadian citizen or permanent resident.
This means that a foreign national with an immediate family member residing in Canada as a worker, visitor, student or protected person would be included in this exemption.
An adult child of a person residing in Canada may be eligible under this exemption. This is because, while the child is not an immediate family member of the parent under the definition above, the parent is an immediate family member of the child.
The objective of this exemption is to facilitate reuniting immediate family members who have been separated as a result of these travel restrictions. Migration officers and case processing officers are to assess the circumstances surrounding the foreign national’s travel prior to authorizing in writing that the foreign national is exempt under this provision.

Recommended documentation for travel

A CBSA or IRCC officer or GAC employee will provide a letter to the client to demonstrate to the airline that they are authorized to travel to Canada under this exemption.

Role of IRCC

Processing applications for temporary resident visas and electronic travel authorizations
While the travel restrictions are in effect, IRCC will only be issuing new temporary resident visas or electronic travel authorizations to foreign nationals who can demonstrate that they need to travel to Canada urgently. As the migration officer or case processing officer must verify the purpose of travel, they can also assess whether the foreign national is covered by an exemption under the Orders.
Where the foreign national’s immediate family member is a foreign national resident of Canada, this exemption will apply. To facilitate the foreign national’s travel to Canada, the officer should prepare and send an email authorizing travel under this exemption at the same time that they issue the temporary resident visa or electronic travel authorization. A template authorization will be shared with the processing networks.
Support to CBSA officers and GAC employees
CBSA officers and GAC employees who require assistance to confirm that a foreign national passenger is eligible for this exemption will seek guidance from CBSA and GAC, respectively, through established channels.
Government of Canada officials may contact the IRCC Operations Support Centre (OSC) to verify immigration status and family relationships to the extent that this information is available in immigration records.

International students

The interim order exempts foreign nationals who held a valid Canadian study permit or were issued a letter of invitation dated on or before March 18, 2020, the date on which the first interim order came into force.
These international students were 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.
These foreign nationals can self-identify to airlines at the point of boarding that they are exempt under this provision by presenting
  • a valid study permit, or
  • a letter of introduction from IRCC dated on or before March 18, 2020

Temporary workers

The interim order exempts certain foreign nationals who are authorized to travel to Canada to work.
This includes temporary workers who were already established in Canada or who had made arrangements to come to Canada to work before the travel restrictions were put in place. It also includes new workers who are coming to Canada to be employed in critical industries, such as agriculture, food processing, health, transportation and emergency services.
These foreign nationals can self-identify to airlines at the point of boarding that they are exempt under this provision by presenting
  • a valid work permit, or
  • a letter of introduction from IRCC

Permit-exempt work

The interim order provides for a number of scenarios where the foreign national is not required to obtain a work permit:
  • providers of emergency services, including medical services, for 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 alternative documentation. This will generally include a letter of invitation from a relevant organization in Canada (federal, provincial or municipal government entity for emergency services providers, teaching institutions for medical students, or shipping agents for persons joining vessels).

Permanent resident visa holders

The interim order 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, the date on which the first interim order came into force.
Many of these foreign nationals had already made arrangements to settle in Canada before the travel restrictions were put in place. Facilitating their entry for the purposes of landing contributes to meeting immediate family reunification and labour market needs and reduces the accumulation of an inventory of approved permanent residents who will need to travel to Canada once restrictions are lifted.
These foreign nationals can self-identify to airlines at the point of boarding that they are exempt under this provision by presenting
  • a permanent resident visa (nationals from visa-required countries only), or
  • a COPR document (all foreign nationals)

Accredited officials

The interim order exempts foreign nationals who are exempt from the requirement to obtain a temporary resident visa under paragraph R190(2)(a) and their immediate family members. Note that the broader definition of immediate family members continues to apply.
The foreign national must hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for GAC on behalf of the Government of Canada. They must be a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member.

Protected persons

The interim order exempts protected persons within the meaning of subsection A95(2).
A protected person is a person on whom refugee protection is conferred under subsection A95(1) and whose claim or application has not subsequently been deemed to be rejected under subsection A108(3)A109(3) or A114(4). The only document that may be presented to provide proof of this status is a Canadian refugee travel document issued by IRCC, in line with paragraph R39(c).

National interest

The interim order exempts a foreign national whose presence in Canada, in the opinion of the Minister of Foreign Affairs, the Minister of Immigration, Refugees and Citizenship or the Minister of Public Safety and Emergency Preparedness, is in the national interest.
This exemption may only be applied by any of the 3 ministers listed. The decision for the exemption will be made by the respective minister. The IRCC Case Management Branch will manage these situations in accordance with existing processes.

Transit passengers

The interim order exempts foreign nationals in transit through Canada to another country. Given the interplay between the interim order under the Aeronautics Act and related emergency orders under the Quarantine Act, the airport of arrival into Canada must have the facilities to permit the foreign national to connect to their destination without the foreign national having to present themselves for examination to enter Canada.

Crew members and foreign nationals entering Canada to become crew members

The interim order exempts foreign national crew members, including those arriving by air to join a vessel.
Airlines will permit boarding for seafarers travelling to Canada to join a ship’s crew if they are holding a seafarer’s identity document supplemented by a passport or other seafarer documentation, including proof of employment on a vessel at a Canadian port.
This exemption does not affect regular travel document and permit requirements for foreign nationals under IRPR.

Canadian citizens travelling on a foreign passport

Canadian citizens are encouraged to carry a valid Canadian passport at all times. Exceptionally, Canadian citizens may travel to Canada on a visa-exempt foreign passport with a special authorization. When this special authorization is issued, IRCC will produce a confirmation email approving the special authorization. For the purposes of the interim order, the Canadian citizen can provide this email to the airline to show they are not a foreign national and therefore not subject to this travel restriction. Note that the foreign passport number in the approval email should match the traveller’s foreign passport number.

Permanent residence: COVID-19 program delivery - COVID-19 Program Delivery Instructions as of April 7, 2020

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/permanent-residence.html (archived)

Permanent residence: COVID-19 program delivery


This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
These are COVID-19 program delivery instructions for applications from all permanent residents.
First consult

On this page

Application intake

Intake of new permanent residence applications will continue. Files that are incomplete due to unavailable documents will be retained in the system and reviewed in 90 days.
New, complete permanent residence applications under section 10 of the Immigration and Refugee Protection Regulations (IRPR) will be processed as per normal procedures.
If a new application is missing supporting documentation (associated fees are required), the applicant should include an explanation with their application that they are affected by the service disruptions as a result of the novel coronavirus. The application may then be promoted and reviewed in 90 days. New applications should be promoted in the order they were received, and the org ID should be associated with them when the applicant self-identifies. If the application is still incomplete in 60 days, officers should request the missing documents with an additional 90-day deadline.
Applications found to be incomplete with no explanation provided, or for reasons unrelated to the disruption of services associated with impacts of the novel coronavirus, may be rejected as per section R10, and all fees associated with the application should be refunded to the applicant. The reason for rejection should be unrelated to the disruption of services.
Offices in the Centralized and Domestic Networks will continue to process permanent residence applications where the principal applicant is in Canada and has overseas dependants in China, Iran or South Korea, taking into account the delays that may occur. The principal applicant should not be granted permanent residence if their overseas dependants cannot travel. Clients will be contacted to ascertain next steps once travel is possible again.

Travel documents

CHINA:
Permanent residents who may require a permanent resident travel document to return to Canada should contact the VAC Contact Centre for additional instructions. Applicants requesting urgent travel outside of China should be directed to contact IRCC Beijing in exceptional cases only (email). Permanent residents are being asked to submit their PRTD applications directly to the embassy by commercial courier.
IRAN:
Permanent residents who may require a PRTD to return to Canada should contact IRCC via the web form. Clients outside Canada should select “Yes” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then select “Turkey – Ankara” as the visa office processing their application. Applicants requesting urgent travel outside of Iran should be directed to contact IRCC Ankara in exceptional cases only (email). Permanent residents are being asked to submit applications directly to the embassy by courier.
SOUTH KOREA:
Permanent residents who may require a PRTD to return to Canada should contact IRCC via the web form. Clients outside Canada should select “Yes” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then select “Philippines – Manila” as the visa office processing their application. Applicants requesting urgent travel outside of South Korea should be directed to contact IRCC Manila in exceptional cases only (email). Permanent residents are being asked to submit applications directly to the embassy by courier.

Approved permanent residence applications (COPR and PRV)

Permanent residence applicants who are in possession of a confirmation of permanent residence (COPR) and permanent resident visa (PRV) and inform us, by submitting a web form to IRCC, that they are unable to travel within the validity of their documentation should be processed as follows:
  • Valid COPR and PRV: In an effort to reduce the number of cancelled COPRs and PRVs, a note should be placed in the file explaining that the applicant is unable to travel, and the file should be brought forward to the expiration date of the COPR and PRV. If the applicant informs IRCC that they can travel prior to the COPR and PRV expiration, they are encouraged to use their existing COPR and PRV to land.
  • Expired COPR and PRV: If the applicant informs IRCC via the web form that they were unable to travel after the expiration of their COPR and PRV, or if they were unable to travel prior to expiration, officers are to re-open the application, and it should be brought forward for review in 90 days.

Re-opened applications

Approved applications can be re-opened in GCMS by cancelling the COPR and PRV and removing the final decision.

When to review a re-opened application

Once the applicant informs IRCC via the web form that they are able to travel, a re-opened application may be re-approved provided that the applicant and their family members, whether accompanying or not, have valid immigration medical examinations, criminal and security checks and passports.
If the 60-day waiting period elapses and the applicant has not informed us that they are able to travel, a note should be placed in the application, and it should be brought forward for review for an additional 60 days.

Medical examinations

Currently, these instructions apply to applicants residing in China only.
All permanent residence applicants must have valid immigration medical examination (IME) results in order for officers to finalize an application. A complete list of panel physicians in China is available on the IRCC website. Should the IMEs be expired by the time the applicant and their family are ready to travel, new IMEs (or a reassessment of the IMEs, if possible) will be required prior to finalization. Do not request a new IME until the applicant indicates that they are ready to travel.
The Migration Health Branch will continuously identify all applications where the applicant is residing in China and their medical results will expire in the coming 4 to 8 weeks. Identified applications with an original M1 or M3 decision will be proactively reassessed for an additional 6 months. Should any applications that have not already been reassessed come to the attention of processing officers, officers are instructed to contact the Migration Health Branch with the following instructions:
  • “This reassessment request is as a result of the novel coronavirus situation.”
Any applicants whose medical results have been reassessed but who do not travel to Canada within the new 6-month validity will require a new IME.
IRCC offices abroad and case processing centres within the Domestic Network should remain flexible in providing extensions for getting medical examinations where feasible and until further notice. These instructions will be updated as the situation evolves.
Permanent residence applications with current medical results that are valid for more than 6 months may be finalized, and the COPR may be issued, if possible.

Temporary residence: COVID-19 program delivery - COVID-19 Program Delivery Instructions as of April 7, 2020

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence.html (archive)

Temporary residence: COVID-19 program delivery

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
These are COVID-19 program delivery instructions for applications from visitors, workers and international students.
First consult

On this page

Urgent applications

Urgent applications for temporary residence are to be actioned by IRCC offices in
  • China
  • Hong Kong
  • Ankara
  • Manila (processing office for South Korea)
CHINA:
Temporary residence applicants in China who have an urgent travel request are asked to submit an online application and then flag the application to IRCC Beijing for urgent processing at beijing-immigration@international.gc.ca. These applications will be addressed on a case-by-case basis at the discretion of the migration officer.
IRAN:
Temporary residence applicants in Iran who have an urgent travel request are asked to submit an online application and then flag the application to IRCC using the web form for urgent processing. Clients should select “No” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then complete the enquiry form.
SOUTH KOREA:
Temporary resident applicants in South Korea who have an urgent travel request are asked to submit an online application and then flag the application to IRCC using the web form for urgent processing. Clients should select “No” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then complete the enquiry form.
Migration program managers have the delegation to waive biometrics overseas for urgent or humanitarian and compassionate reasons if and when deemed necessary.

Biometrics, interviews and required documents

Due to the VAC closures in China, applicants will be unable to provide their biometrics or to submit their original travel document for visa issuance through the VAC; however, applicants in China may still submit online applications only. Applicants with temporary residence applications in progress may contact the VAC Contact Centre for additional details, by phone at +86 4000 88 66 37 or by email at infopek.cacn@vfshelpline.com.
Due to travel bans from neighbouring countries, Iranian citizens may be unable to access VACs or IRCC offices to submit biometrics, attend interviews, do medical examinations, etc. However, applicants in Iran may still submit online applications only.
Applicants in South Korea may experience delays in obtaining immigration medical examinations (IMEs), as many panel physicians in the region are not open to clients at this time. Officers should continue to send IME requests and bring them forward for 90 days. If an IME was requested and not received, officers should bring it forward for an additional 90 days.

Withdrawal of temporary residence applications

If an applicant wishes to withdraw their temporary residence application and is residing in an area where travel restrictions are imposed, regular processes for withdrawal requests should be followed.

Temporary residents in Canada unable to depart Canada

There is no fee waiver for any temporary residence applications or extensions.
Foreign nationals who are in Canada and whose temporary resident status may soon expire may apply for an extension so that they may maintain their temporary resident status in Canada. As per current guidelines, applicants must apply online and must meet all requirements, including associated fees.
Foreign nationals who have an extension application currently in progress will benefit from implied status and may remain in Canada until a decision is rendered on their application; therefore, expedited processing is not required.

Restoration

Foreign nationals whose temporary resident status has expired may apply for restoration. They must pay the associated fee.

If the applicant is eligible for restoration

The officer proceeds with the assessment of the application (medical results, bona fides, etc.).
If all other requirements are met, the officer issues a visitor record (or appropriate permit) outlining the conditions for the restoration of status. The document is mailed to the client.

If the applicant is not eligible for restoration

The Minister’s delegate decides on a disposition for the case. The following options are available:
  • refer the case to an admissibility hearing
  • issue a departure order
  • allow the foreign national to remain

Citizenship: COVID-19 program delivery - COVID-19 Program Delivery Instructions as of April 7, 2020

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/citizenship.html (archived)

Citizenship: COVID-19 program delivery

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
These are COVID-19 program delivery instructions for citizenship applicants.
First consult

On this page

Missed appointments

For example, knowledge tests, retests, interviews, hearings, or oath ceremonies
Officers are directed to reschedule appointments once IRCC has been notified that the clients have returned to Canada. The responsible office should ensure that they are rescheduled within a reasonable timeframe so as to not delay processing times. They will be sent a new notice to appear, and it will be treated as their first notice.

Document requests

Officers are required to provide applicants with an additional 30 days to send documents to IRCC once applicants have notified the local office that they have returned from China, Iran or South Korea.

Request for Medical Opinion forms

Officers will provide applicants an additional 45 days upon their return to Canada to comply.

Permanent residents applying for citizenship upon return from China, Iran or South Korea

Extra days spent in China, Iran or South Korea due to the virus shall not count as days in Canada. Applicants must meet the physical presence requirements as per normal procedure.

General processing measures: COVID-19 program delivery - COVID-19 Program Delivery Instructions as of April 7, 2020

From https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/general-measures.html (archived)

General processing measures: COVID-19 program delivery

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
These COVID-19 program delivery instructions are for temporary residence, permanent residence and citizenship applications.
Applications will not be refused for non-compliance, and all applications currently in progress at IRCC offices abroad, at case processing centres and within the Domestic Network will continue to be processed but may experience delays.
Due to the volume of cases, the International Network’s applications are being tracked by the Operations Planning and Performance Branch (OPPB).

On this page

Expedited processing

At this time, no significant expedited processing requirement is foreseen; therefore, these instructions do not include specific measures for expedited processing. That said, the decision to expedite an application due to special circumstances remains at the discretion of the Migration Program Manager of the responsible IRCC office and the manager of the responsible processing office in Canada.

Requests for additional documents on open applications

Until further notice, offices may continue to request any additional documents necessary for processing to continue in relation to all citizenship and immigration applications, including police certificates, biometrics, passports, medical examinations and any documents that must be issued by Chinese, Iranian or South Korean authorities, as follows:
  • When additional documentation is required to make a decision on the application, processing officers should send a request letter and allow 90 days for the applicant to respond.
  • If a request for additional documentation was previously sent but the applicant was unable to comply within the deadline, processing officers should bring forward the application and allow an additional 90 days for the applicant to respond.
  • Please note that the biometric instruction letter (BIL) cannot be amended and will continue to advise applicants that they have 30 days from the date of the letter to give their biometrics. Officers should still allow 90 days for the applicant to provide their biometrics, despite the 30-day timeline identified in the BIL.

COVID-19 Program Delivery Instructions as of April 7, 2020 - Table of Contents

Thanks to Kevin Wiener.

The table of contents for IRCC's COVID-19 Program Delivery Instructions can be found on the IRCC website here (archived).

I will post sections in separate tagged entries lest they disappear.


Friday, 3 April 2020

Lawyers are still essential in Ontario (despite being listed under a different heading)

Today (April 3) the government of Ontario amended their list of "essential workplaces" (archived) which are allowed to remain open.

Lawyers are still included.

There was some confusion as, in the original list, lawyers were listed as #65:
Professional services including lawyers and para-legals, engineers, accountants, translators
 And that list also included #61:
Professional and social services that support the legal and justice system
Today's updated list only includes, under what is now #34(vii):
Professional and social services that support the legal and justice system.
However, a tweet from the Attorney General of Ontario confirmed that lawyers are included under that heading:


(h/t Debbie Rachlis)


Relaxed requirements for documents in H&C applications

Note following query and response from IRCC:


 
From: Immigration Representatives / Représentants immigration (IRCC) <...>
Sent: Tuesday, March 31, 2020 4:13 PM
To: Micheal Crane <...>
Cc: Immigration Representatives / Représentants immigration (IRCC) <...>
Subject: FW: H&C questions - problems due to Corvid 19 -- REP-2020-0651


Good day,

Thank you for your questions.

During this time, should a H&C application be submitted with only photocopies of signatures (hand signed) on forms, or without the 2 passport sized photos, the application will NOT be returned. Original signatures and photos should be submitted at a later date, when reasonably possible.

Cordially,

The Immigration Representatives Mailbox

Federal Court e-Filing Webinar of April 28, 2020

Federal Court e-Filing Webinar of April 28, 2020 Link to e-filing resources:  https://www.fct-cf.gc.ca/en/pages//online-access/e-filing-r...