IMMIGRATION UPDATES

*Last updated October 2, 2020

Policies and Laws Impacting Migrants During COVID-19
As we enter the second wave locally, and grapple with the effects of COVID-19 as part of the global community, laws that impact migrants have particularly been in flux.

Below is a summary of the Government of Canada’s response to this health crisis in terms of immigration and refugee policies.

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• Limited travel and border closure: The government continues to enforce travel restrictions and border measures that have been in place since March 2020. The mandatory quarantine of 14 days still remains in place and all international travellers must have a quarantine plan before travelling. All non-essential travel is restricted.

• Slower processing and closed offices: The processing times for many applications have been significantly delayed. Since many local offices have been closed or opened for limited services only, please contact your specific provider to see their most up-to-date COVID-19 protocol. You can continue to submit a Case Specific Enquiry via the IRCC Webform to ask questions about your file and search for the updated processing time for your application category.

However, while the beginning of the pandemic resulted in a halt on immigration processing centres and court hearings, we are beginning to see a gradual resumption of in-person services. Recent policies indicate a recognition of the disproportionate impact of this health crisis on low-income and racialized communities. We hope that policies like the new pathway to permanent residence for asylum claimants working on the frontlines in the healthcare sector (see below) and travel restriction exemptions for immediate family members with pending applications (also see below), mark the beginning of a system that recognizes the importance of family reunification and status for all.

Most importantly, we recognize and thank the people and movements on the ground such as the Migrant Rights Network for their organizing efforts to highlight the impact of community care and importance of empowering people from the grassroots. 

Here is what we know as of October 2, 2020 that may apply to you and yours:

• Gradual resumption of IRCC in-person services: On September 17, 2020, Immigration, Refugees and Citizenship Canada (IRCC) began to slowly reopen in-person services by appointment only for limited services that cannot be provided virtually. The following may be applicable to our clients at NLS:
  • The IRCC office in Etobicoke is reopening for permanent resident card pick up or permanent residence determination (interview to determine the client’s status). Qualifying applicants will be contacted by email for a scheduled appointment.
  • Refugee claimants who need to collect or submit documents, provide their biometric information or come in for an interview may be contacted by IRCC for a scheduled appointment.
  • Other applicants in the GTA who are waiting to give their biometrics will still need to wait for Service Canada to call for a biometrics appointment.

 

• Reopening of the Immigration and Refugee Board (IRB):
  • As of August 3, 2020 the Refugee Protection Board (RPD) resumed in-person hearings with members and interpreters in the same hearing room as counsel and claimants. All visitors must complete a self-assessment questionnaire before arrival and masks must be worn at all times.
  • As of September 14, 2020, the Immigration Division (ID) resumed in-person hearings for non-detained admissibility hearings. However, the ID will continue to use teleconference as the primary means of conducting detention reviews and detained admissibility hearings.

 

• Pathway to permanent residency for healthcare workers: On August 14, 2020, IRCC announced that refugee claimants who made their claim before March 13, 2020 and have 6 months of experience working in the health-care sector (nurses, nurses’ aides, patient services associates, home support workers, etc.) before August 31, 2021, will be eligible to apply for permanent residency. Since the announcement and as of October 2nd, the details of the criteria and actual process of application have not been released.

 

• Biometric exemption for certain applicants: On September 22, 2020, IRCC announced a new temporary public policy allowing permanent residence applicants to rely on biometrics previously submitted within the last 10 years. This means that applicants who qualify will not have to pay the $85 biometric fee. If you have already submitted a permanent residence application for which you have already paid the fee, you should automatically receive a refund from IRCC.

 

• Expedited spousal sponsorship application processing: On September 24, 2020, the Minister of Immigration, Refugees and Citizenship announced that more employees and new technology will be put in place to accelerate and prioritize 6,000 spousal applications each month from October until December 2020. They estimate that this will lead to about 49,000 decisions by the end of the year.

 

• ​Travel for extended family: The Government of Canada announced that on October 8, 2020 they will release detailed information on how extended family members of Canadian citizens and permanent residents can travel to Canada. This includes people in a long-term exclusive relationship and their dependent children, adult children, grandchildren, siblings and grandparents. This is an extension of the existing travel restriction exemption for immediate family members of Canadian citizens or permanent residents.