COVID-19 IMMIGRATION

IMMIGRATION UPDATES

Updated July 13 2020

The headlines:
Starting March 18th, most people who are not citizens or permanent residents of Canada are barred from entering the country, but there are many exemptions including for immediate family members of PRs or citizens, caregivers, seasonal workers, and those whose PR visas, work or study permits have been approved. Travelers arriving from international locations must self-isolate for 14 days.

In-person landing interviews and citizenship oath ceremonies have been postponed. Canada Border Services Agency has suspended removals until further notice. The Immigration and Refugee Board has suspended hearings until further notice, and applicable filing deadlines have been extended as a result. The Federal Court has extended filing deadlines until July 13, 2020 and has made online filing and service of documents easier. Legal Aid Ontario is still issuing certificates for many immigration/refugee matters.

The details:
We strongly recommend that you continue to advise Immigration, Refugees and Citizenship Canada (IRCC) where COVID-19 measures, restrictions or illness prevent you from obtaining documents, travelling or where extensions and accommodations are required.

BORDER CLOSURE

The border between Canada and the United States is closed for all non-essential travel until July 21, 2020, with the possibility of extension.
Foreign nationals who want to make refugee claims at the border between Canada and the United States are permitted to do so, so long as they qualify for one of the exemptions from the Safe Third County Agreement. See here for more details.
Most people who are not citizens or permanent residents of Canada are barred from entering the country, but there are many exemptions including for immediate family members of PRs or citizens, caregivers, and seasonal workers. Travelers arriving from international locations must self-isolate for 14 days.
The government is also restricting international flights to just four airports in Canada: Calgary, Toronto, Montreal and Vancouver. Airlines will be mandated to screen passengers for symptoms of the new coronavirus before allowing anyone to board a plane.

General Guidance

Many applications will not continue to be processed during the COVID-19 Pandemic. Furthermore, many local offices have been shut down for processing and so interviews are being postponed.
Pending permanent residence and citizenship applications should continue to be processed, but expect delays.
IRCC has suspended almost all face-to-face contact with applicants.
IRCC Officers can ask for all needed documentation; however, IRCC has established extension policies for existing applications:
- 90 days automatic extension (including biometrics, despite the indication on the letter of a 30-days deadline).
- 90 extension upon further request, if needed.
- In certain countries, the VAC (Visa Application Centres) may be closed due to COVID-19, and therefore it may not be possible for foreign nationals in those countries to obtain biometrics. Providing biometrics is a requirement of any temporary resident visa (TRV) or work permit application filed online. After the application is filed, a biometrics request letter is issued by IRCC and the applicant must attend at a VAC location to provide biometrics. Biometrics letters will still be issued and will still state a 30 day deadline, but per the special guideline from IRCC, applicants from those countries will have 90 days to provide biometrics. Where urgent travel for temporary residence applicants in China, Iran and South Korea is needed, a Program Manager may waive the usual biometrics requirement for urgent or humanitarian reasons. Check the “Find a Visa Application Centre” page for information about your VAC.

Permanent Residence (“PR”) Applications
For new PR applications

Applications submitted without the necessary documents and without explanation may be returned as incomplete.
New applications that are missing documents but provide an explanation that this is as a result of COVID-19 will be assessed after 90 days and Officers are instructed to allow the Applicants some time to provide the documentation.
Where a principal applicant is in Canada but their family members are abroad, the principal applicant will not be landed until the necessary documents for the family members are obtained (or unless exempted by humanitarian and compassionate grounds). Persons who were granted a PR Visa:

Should travel to Canada if possible before the expiry of the visa.
Should notify IRCC immediately if they cannot travel to Canada in order to receive extensions/exemptions. They will likely need to undergo new medicals and security checks before their application is approved again.

For new immigrants

All in-person permanent resident landing appointments are cancelled until further notice. Landing appointments will be done by telephone whenever possible. Otherwise, IRCC will reschedule them for a later time.
If your permanent resident application has already been approved but you cannot travel to Canada before your documents expire, use the Web Form to explain why you can’t travel.

Citizenship Applications

There are no specific instructions for incomplete applications, and we assume that these would be returned per the normal process. IRCC has cancelled oath ceremonies and test taking. They will be re-scheduled at some point in the future.
You should request an extension of time to submit documents, if the delay is caused by COVID-19. Officers are required to provide Applicants with an additional 90 days to provide documents once Applicants have notified the local office that they have been affected by COVID-19, are in self-isolation, or have recently returned from abroad.
Extra days spent outside Canada due to COVID-19 do not count as days in Canada – Applicants must continue to meet the residency requirements.
Expect delays in the processing of citizenship application currently in process.

Temporary Residents in Canada

As of July 1, 2020, processing, to the extent possible, will resume for Temporary Resident Visas (TRVs)_online. Paper applications for visitor visas, study permits, and work permits will not be processed until further notice. Applications will be prioritized for those who are eligible to travel based on the current travel restrictions; this includes both new applications and applications that are currently in progress.
Applicants should keep in mind that, even if they apply and receive a visitor visa or eTA, most people will still not be able to travel to Canada at this time.
Applications submitted prior to the travel restrictions will not be prioritized unless the applicant contacts IRCC.COVID-TravelExemptions-Exemptionsdevoyage-COVID.IRCC@cic.gc.ca to indicate how they meet the exemption criteria, why they are travelling for a non-discretionary/non-optional purpose, and provide acceptable documentation.
Temporary Residents unable to leave Canada must apply to extend/restore their status per the Immigration and Refugee Protection Regulations. Immigration has indicated that they will be generous in their grants of extensions.
Foreign nationals with an extension application in progress have implied status and may remain in Canada until a decision is rendered.
On May 12, 2020, a temporary policy came into effect to reduce the time it takes for temporary foreign workers to start a new job. Pursuant to the policy, a worker already in Canada who has secured a new job offer can get approval to start working while their work permit is being processed. More information can be found here.

COVID-19 policies by Immigration & Refugee Board (IRB)

People inside Canada can still make a refugee claim by sending a copy of their bio-page of their passport or other ID by email to IRB.TorontoID-SIToronto.CISR@irb-cisr.gc.ca
The Immigration and Refugee Board (“IRB”) has suspended all hearings (other than immigration detention cases) for the time being. The Refugee Protection Division (“RPD”) and the Immigration Appeal Division (“IAD”) are expected to resume in-person hearings on August 3, 2020. The RPD and IAD are expected to reach out to refugee claimants and immigration appellants or their counsel to re-schedule hearings.
Effective July 4, 2020, the Temporary Extension of Time Limits for Filing the Basis of Claim Form (“BOC Form”) to the RPD is no longer in force. Claimants are now subject to the usual 15-day time limit to provide their completed BOC Form to the RPD. See the IRB website link above for details.
The RAD has not yet provided information regarding the resumption of in-person hearings. However, effective August 19, 2020, the RAD will reinstate the time limits for filing notices of appeal or perfecting an appeal. See the IRB website link above for details.
The IRB has advised that those hearing cancelled on account of COVID will be the first to be rescheduled once the Board re-opens.
The IRB has introduced a new Application to Vary Conditions of Release Form, which simplifies and clarifies the process for making requests to change or cancel the terms and conditions of release. More information and the form can be found here.

COVID-19 policies by the Federal Court

The Federal Court suspension period was allowed to expire on June 29, 2020. Timelines for the filing of documents and other procedural steps have been extended to July 13, 2020.
The Federal Court will not be holding hearings before July 27, 2020. Until further notice, the Court will continue to schedule all applications for judicial review as well as all general sittings to be heard by video conference (or exceptionally by teleconference).
Requests for in-person hearings will be considered following public health authorities, availability of staff, and delays that may occur in reconfiguring Court’s facilities.
All hearings that had previously been scheduled to take place from June 16, 2020 to July 26, 2020 have been adjourned or cancelled.
Online filing and service of documents has been made easier. For more information please see the Federal Court’s Consolidated COVID-19 Practice Direction here.

COVID-19 policies by the Canada Border Services Agency

There is no written policy as of April 11th 2020; however, the Canadian Council for Refugees recently shared with its members that CBSA indicated there will be no deportations until May 21st. Removals from Canada can still occur where the individual seeks to voluntarily leave, or where they are inadmissible for serious criminality.
For individuals with reporting dates, CBSA should contact them directly with instructions. They may be required to send an email to CBSA as a means of virtual reporting.
The GTA Reporting Centre is closed, and neither the phone nor voicemails are being regularly monitored. Individuals may send enquiries to enquiries222@cbsa.gc.ca or call (905) 405-3500, including their name and UCI number in their message.

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