Immigration Law News from North of the Border: Canadian immigration law updates, August 2020

The Government of Canada and The Immigration, Refugees, and Citizenship Canada (“IRCC”) continues to make tremendous efforts to address various “how about” concerns and questions in the Immigration process and procedures. We discuss below few recent updates.

Travel restrictions across the U.S. and Canada border: On August 14, 2020, the border restrictions on non-essential travel by land ports between the two countries is extended until September 21, 2020. As we are now clear, non-essential travel includes travel for tourism or recreational purposes and an essential travel includes travel for work, study, critical infrastructure support, economic services, immediate medical care and safety and security reasons.

Canadian crossing the border daily to attend the school in the U.S.: A mandatory quarantine plan does not prevent a Canadian from cross-border travel on routine basis. Although it does require to initiate a new 14-day quarantine period each time you return to Canada, effectively putting you in on-going quarantine plan for the duration of the school year. You and/ or the accompanying parent/s should have a suitable quarantine plan in place prior to the start of the school year and commencement of daily commutes across the border. You should only leave your home to cross the border to attend the class or for medically necessary appointments.

Asylum claimants on front lines of pandemic will be able to apply for permanent residency: The Government recently announced that the asylum claimants across the country who are working on the front lines providing direct care to patients in health-care institutions will be able to apply for permanent residency. Such asylum claimants must have claimed asylum before March 13, 2020, were issued work permit after they made a claim for asylum, have worked in health care sector and health institutions, have worked in designated occupation for no less then 120 hours between March 13, 2020 and August 14, 2020 and demonstrate six months of experience in the designated occupation before being granted permanent residence in addition to the existing admissibility requirements.

Exemption to mandatory quarantine: An Order in Council determined an exemption to class of persons who will provide an essential service while in Canada. These class of people include – (1) person in trade or transportation sector who are important for the movement of goods or people and cross border while performing their duties or for the purpose of performing their duties; (2) Persons who must cross the border regularly to go to their normal place of employment including critical infrastructure workers; (3) Technicians or specialists specifies by government, manufacturer or company, who enter Canada as required for the purpose of maintaining, repairing, installing or inspecting equipment necessary to support critical infrastructure, are required to provide their services within 14 days of their entry to Canada and have reasonable rationale for the immediacy of work and the inability to plan for a 14 day quarantine.

At NPZ, our U.S. and Canadian Lawyers seek to assist clients with regard to employment and family immigration issues. If you or your friends or family should have any questions, please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (x100). We look forward to being able to assist you.