HUMA - Travel Restrictions and Exemptions

Key messages

• To protect Canadians from the outbreak of COVID-19, the Prime Minister took swift and necessary measures to restrict travel to Canada. Until further notice, non-essential (discretionary) travel to Canada is restricted, even if the traveler holds a valid visitor visa or electronic travel authorization (eTA), with some key exemptions.
• While the Government of Canada has implemented travel restrictions, it is committed to ensuring that certain priority groups are able to enter the country. Key exemptions support the Canadian economy and ensure that vulnerable people, such as minors, are not stranded abroad.
• Temporary foreign workers are vital to the success of Canadian food producers and the food safety and security of Canadians. My Department is prioritizing work permits to facilitate agricultural workers, agri-food workers, truck drivers and health care workers.
• Immigration continues to be a priority for this Government as it is key to this country’s future as we work to recover from COVID-19. However, any lessening of travel restrictions must be balanced, and done in a phased manner, to ensure that the health and safety of Canadians is protected.

Background

• Two Orders in Council under the Quarantine Act currently set out the parameters of the travel restrictions.
• Both Orders in Council (#7 and #11) recognize that permanent residents, registered Indians and protected persons are entitled to enter Canada and are therefore exempt from the travel restrictions.
• Order in Council 11 restricts all foreign nationals coming from the United States to enter Canada if it is for a discretionary or optional purpose.
• Order in Council 7 restricts all foreign nationals coming from countries other than the United States to enter if they do not meet one of the listed exceptions and are traveling for a discretionary or optional purpose.
• Key exceptions of this Order in Council include:
  • holders of a work permit or a study permit;
  • clients who have received a written notice of approval for a work permit;
  • clients approved for a study permit before March 18, 2020;
  • clients whose application for permanent residence was approved prior to March 18, 2020; and,
  • persons whose presence, in the opinion of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety, is in the national interest.
• IRCC, along with Global Affairs Canada, is also authorized pursuant to the Order in Council to issue written authorizations to foreign nationals seeking to enter for the purpose of reuniting with immediate family members.
• Transport Canada also issued interim orders under the Aeronautics Act, which prohibit boarding for those coming from countries other than the United States who do not meet the exceptions of Order in Council 7.
  • It further requires air carriers to notify passengers traveling form the United States of the travel restrictions under Order in Council 11, and for passengers to confirm that they meet the requirements.
• The interim orders also require air carriers to deny boarding to any symptomatic passengers (including Canadian citizens and permanent residents).
  • Aviation passengers on all flights (private operator or air carrier) will be required to demonstrate they have the necessary non-medical mask or face covering during the boarding process, otherwise they will not be allowed to continue on their journey.
  • Passengers must wear the face mask at all times during the flight when they are 2 metres or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose.
• IRCC has taken special measures to support these travel restrictions, while ensuring the facilitation of those pivotal to supporting the Canadian economy. Of note:

Visitor Processing (Visitor Visas and eTAs):

• Ministerial Instructions were signed on April 9, 2020, to temporarily suspend the processing of visitor visas and electronic travel authorizations that cannot be automatically approved, unless the clients applying are not prohibited from travelling to Canada by the travel restrictions. These instructions have been extended until May 19, 2020. These were put in place to allow IRCC to assess the impact of the travel restrictions and focus its resources on serving those clients who are still eligible to travel to Canada given limited processing capacity at offices both in Canada and overseas. Applications for work, study and permanent residency continue to be processed.
• Under the Ministerial Instructions, only applicants who self-identify as meeting one of the exemption criteria and who are travelling for an essential (non-discretionary) purpose will be processed; this includes both new applications and those whose applications are currently pending. Application fees still apply and applicants must continue to meet all eligibility and admissibility requirements as per the Immigration and Refugee Protection Act.
• Applications for clients who do not meet a travel restriction exemption or who are deemed to be travelling for a non-essential (discretionary) purpose will remain open. They will be assessed for eligibility and admissibility once the temporary suspension is lifted.

Facilitative Measures for Temporary Foreign Workers:

• For temporary workers already in Canada, IRCC has several existing measures to help clients affected by the disruption in services and travel due to the coronavirus outbreak, including work permit extensions and the use of “implied status,” which allows workers to remain in Canada legally while awaiting a decision on their application.
• IRCC is prioritizing applications from temporary workers overseas applying to work in the agricultural and health sectors, and biometrics requirements are being waived where enrollment is not possible due to travel restrictions or visa application centre closures.