Canadian entry restrictions

Friday, March 27, 2020

Canada’s entry restrictions from 25 March are set out below. Canada will let anyone in who already has a Canadian child. A big thank you to my Canadian colleague Cindy Wasser for sharing this information with me.

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).

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 Act^{Footnote 1} (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:

Dependent children – program delivery

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.

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.

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.