IMMIGRATION UPDATES

*Last updated January 22, 2021

Policies Impacting Migrants During COVID-19
As we grapple with the second wave locally and the effects of COVID-19 as part of the global community, the policies 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 as of January 22, 2021.

---

INTERNATIONAL TRAVEL

• Limited travel: 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.
  • You can apply for an exemption to the travel restriction if you meet the requirements under any of the three pathways:
    • Immediate family members of Canadian citizens, persons registered as Indians under the Indian Act and permanent residents
    • Extended family members of Canadian citizens, persons registered as Indians under the Indian Act and permanent residents including partners in exclusive dating relationships, grandchildren, grandparents and siblings
    • Compassionate grounds such as attending to the death of, or provide support to, a Canadian citizen, permanent resident, temporary resident or protected person who is residing in Canada and deemed to be critically ill or to attend a funeral

• Biometric exemption: On September 22, 2020, IRCC announced a 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.
• Extension of public policy exempting out-of-status foreign nationals: The temporary public policy established on July 14, 2020, has been extended to August 31, 2021. This provides an exemption from the requirement to apply for restoration of status within 90 days of losing temporary resident status for all foreign nationals in Canada. This includes former workers, students and visitors. As a result, temporary residents who had valid temporary resident status on or after January 30, 2020, but whose status expired on or before May 31, 2021 will have until August 31, 2021 to apply to restore their status instead of the current 90 days

NEW POLICIES
However, 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 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. 

• Pathway to permanent residency for healthcare workers: The details of the pathway to PR for refugee claimants working in Canada in the healthcare sector during the COVID-19 pandemic has been released. Applicants can apply between December 14, 2020 – August 31, 2021. In order to be eligible you must be a pending or failed refugee claimant who has worked in a designated occupation providing direct patient care in a health-care institution. Please review the application guide for details and we urge you to seek a legal help in completing and reviewing your application.
• Immigration and Refugee Board (IRB): As of January 18, 2021, the IRB is adopting a remote-only hearings model for the foreseeable future. Only urgent and particularly sensitive cases will be considered for in-person hearings on a case by case basis. As a further safety measure, the IRB will not be accepting documents in person for any division during this time. Documents must be submitted to the IRB electronically using MyCase portal, email (where applicable) or through Canada Post epost Connect. Fax and regular mail/courier will continue to be accepted but should only be used when electronic options are not available.

APPLICATION PROCESSING

• Immigration, Refugees and Citizenship Canada (IRCC): 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.
• Pre-departure COVID-19 testing: Effective January 7, 2021, proof of a negative COVID-19 laboratory test result must be presented to the airline prior to boarding a flight to Canada. The test must be conducted within 72 hours of the traveller’s scheduled time of departure to Canada.