During the Labour Day Long Weekend, countless people tried to continue the tradition of visiting Canada via plane and more often, via car, railway, or ship. However, many were refused entry into Canada because their purpose of travel was “discretionary”.
What does this mean, and how can anyone ensure that they will be allowed into Canada?
COVID-19 and the Ban of Discretionary Travel
Since March 2020, the Canadian government has placed travel restrictions on visitors to Canada who are travelling for discretionary purposes. In clearer terms, anyone who is not a Permanent Resident or Citizen of Canada (“visitors”) will be refused entry into Canada (“travel restrictions”) if the purpose of their travel is optional (“discretionary”).
During the labour day long weekend, the Canadian Border Service Agency (CBSA) have once again emphasized that the following purposes are discretionary:
- Tourism, including sightseeing and shopping
- Visiting friends or family members
- Visiting properties in Canada (most likely vacation homes), whether or not you own those properties
Consequently, visitors who came to Canada with the above purposes were turned back at the border.
Examples of Non-Discretionary Travel
In contrast, coming to Canada for the purposes of studying, working, or family reunification will likely be regarded as non-discretionary and travel restrictions exempt, subject to the following considerations.
If you hold a Study Permit, you will likely be exempted from the travel restrictions if:
- you normally reside in Canada;
- choosing to study online is not a reasonable option;
- you are expected to begin studies right after you arrive in Canada and having completed your 14-days quarantine.
If you hold a Work Permit, you will likely be exempted from the travel restrictions if:
- Your primary residence is in Canada;
- You hold a valid job offer and is able to begin working right after you arrive in Canada and having completed your 14-days quarantine (meaning your employer has not terminated your employment or closed down their business due to COVID-19)
Lastly, Canada put a big emphasis on family reunification. Thus, you will likely be exempted from the travel restrictions if:
- Your immediate family members (including your spouse, children, grandchildren, parents, stepparents, and guardians/tutors) either normally reside in Canada or they are Canadian permanent residents or citizen, and you are coming to Canada to visit them;
- You are coming to Canada to attend the birth of your own child.
The especially humane aspect of this policy is that the entire family may come to Canada together. It’s unnecessary for a work permit holder, let’s say, to first come to Canada to work, and then the rest of his family come to Canada later for the purpose of family reunification. Instead, the entire family may come to Canada together so they won’t be separated for any amount of time.
In the family reunification category, border officers will more likely let foreign nationals enter Canada, if they are seeking to relocate to Canada with their family members on a more permanent basis (“to establish themselves in Canada”) rather than just visiting on an one-time basis.
Conclusion
Given the still continuing COVID-19, there is much confusion regarding whether or not you, as a foreign national, may be allowed entry into Canada. To avoid planning an unsuccessful trip, it’s crucial to get the latest updates on the border travel restrictions. Whether it’s getting you that immigration application approval or providing practical and up-to-date guidance on travel restrictions, Varity Law is happy to help.
This article is only meant to give general legal information. For legal advice on your specific situation, please consult a legal professional.
Yi Dan (Sabrina) Ding is the Owner & Principal Lawyer at Varity Law Professional Corporation. Varity Law is a one-stop-shop law firm offering immigration law, business law, real estate law, and wills & estates law services.
To learn more about your immigration options, book a free 30 minutes consultation with us by clicking HERE.
