Is my newborn able to enter Canada with me? (temporary foreign worker)

[cygoh9]

Hi,

I have an LMIA-exempt work permit, my wife has an open work permit. We are supposed to enter Canada in June 2020. I am a healthcare worker. My wife has open work permit.

Recently my wife has given birth to a newborn - the newborn will have Australian passport and I will apply an ETA for him (he does not need TRV based on the IRCC website - only ETA).

Given recent travel restrictions, I am aware that temporary foreigner workers (TFW), which me and my wife are, will be allowed to travel to Canada. However, based on what I understand - I dont think my newborn will be able to enter Canada.

Is that what was reflected in the IRCC website? If so, isn't it weird that TFW cant bring their immediate family (such as a newborn/ young child) with them to enter Canada?

 

[scylla]

Hi,

I have an LMIA-exempt work permit, my wife has an open work permit. We are supposed to enter Canada in June 2020. I am a healthcare worker. My wife has open work permit.

Recently my wife has given birth to a newborn - the newborn will have Australian passport and I will apply an ETA for him (he does not need TRV based on the IRCC website - only ETA).

Given recent travel restrictions, I am aware that temporary foreigner workers (TFW), which me and my wife are, will be allowed to travel to Canada. However, based on what I understand - I dont think my newborn will be able to enter Canada.

Is that what was reflected in the IRCC website? If so, isn't it weird that TFW cant bring their immediate family (such as a newborn/ young child) with them to enter Canada?

You're right. According to the posted rules, your child would not be allowed to travel since the child is not related to a Canadian citizen or permanent resident. Your child would fall under the ban. Unknown if an exception might be made on the spot by the airline. Depends if they follow the rules exactly or not. And yes, he would need an eTA to travel.

It's really not weird at all given the current global situation. All countries (Canada included) are limiting travel right now. Travel for family members to Canada is restricted right now to those who are immediate relatives to a Canadian citizen or PR. That's where Canada has drawn the line. Several countries aren't even allowing TFWs to enter right now.

If you end up trying to travel with your child, let us know what happens. Always some chance they might let the infant board too.

 

[cygoh9]

You're right. According to the posted rules, your child would not be allowed to travel since the child is not related to a Canadian citizen or permanent resident. Your child would fall under the ban. Unknown if an exception might be made on the spot by the airline. Depends if they follow the rules exactly or not. And yes, he would need an eTA to travel.

It's really not weird at all given the current global situation. All countries (Canada included) are limiting travel right now. Travel for family members to Canada is restricted right now to those who are immediate relatives to a Canadian citizen or PR. That's where Canada has drawn the line. Several countries aren't even allowing TFWs to enter right now.

If you end up trying to travel with your child, let us know what happens. Always some chance they might let the infant board too.

Thank you for your reply.

That's unfortunate, considering that I probably cant travel there if my newborn cannot come with me =(

Is there any other ways - such as exploring on humanitarian grounds / family reunification? Alternatively, if my whole family travel to the US, are we allowed to enter Canada that way (including my newborn).

When I search the Orders in Council on the official website - I found this clause -
(b) a person who is authorized, in writing, by an officer designated under subsection 6‍(1) of the Immigration and Refugee Protection Act or by a consular officer of the Government of Canada, to enter Canada for the purpose of reuniting immediate family members;

Does that clause means if my newborn obtained an authorisation, he can come with me too into Canada?

 

[scylla]

Thank you for your reply.

That's unfortunate, considering that I probably cant travel there if my newborn cannot come with me =(

Is there any other ways - such as exploring on humanitarian grounds / family reunification? Alternatively, if my whole family travel to the US, are we allowed to enter Canada that way (including my newborn).

When I search the Orders in Council on the official website - I found this clause -
(b) a person who is authorized, in writing, by an officer designated under subsection 6‍(1) of the Immigration and Refugee Protection Act or by a consular officer of the Government of Canada, to enter Canada for the purpose of reuniting immediate family members;

Does that clause means if my newborn obtained an authorisation, he can come with me too into Canada?

Truthfully, most of these questions are very difficult to answer right now. Many things are unknowns right now.

If you travel to the U.S. first, you will need to remain there for 14 days before attempting to travel to Canada. This 14 day stay will be mandatory to be allowed to enter Canada. U.S./Canadian border traffic is limited to "essential only". Unfortunately there's no real definition for that at this time. We have seen some people turned away - although none matching your exact circumstances. No one here is going to be able to tell you if this approach is guaranteed to work. However you can certainly try. It will be a dice roll.

Obtaining any sort of exception or special permission is very difficult right now because most visa offices are not operational or not fully operational right now - and they are also being completely bombarded with all sorts of requests similar to yours. You can try this route, but be prepared for it to take many weeks for an answer. IMO family reunification doesn't really apply to you since neither you nor your wife are Canadian citizens or PRs and you aren't in Canada right now. You are already together. Family reunification is an argument used when families are separated.

You could also book flights to Canada from where you are now and attempt to board and see if that works.

Good luck. Hope something works out.

 

[robkin]

Thank you for your reply.

That's unfortunate, considering that I probably cant travel there if my newborn cannot come with me =(

Is there any other ways - such as exploring on humanitarian grounds / family reunification? Alternatively, if my whole family travel to the US, are we allowed to enter Canada that way (including my newborn).

When I search the Orders in Council on the official website - I found this clause -
(b) a person who is authorized, in writing, by an officer designated under subsection 6‍(1) of the Immigration and Refugee Protection Act or by a consular officer of the Government of Canada, to enter Canada for the purpose of reuniting immediate family members;

Does that clause means if my newborn obtained an authorisation, he can come with me too into Canada?

Maybe you can get authorization under the instructions in “Reuniting with an immediate family member who lives in Canada but is not a Canadian citizen or permanent resident” from https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#family_non_cit_pr

It involves asking for permission for an ircc covid exemption via email.

Good luck, if you go this route please let us know the results.

 

[Icke]

unfortunately this won‘t help. I’m in the same situation and reached out to them and sent a mail and already got an answer.
As someone who’s not living there yet, there is no chance to give the Information they need and get the exemption.

AirCanada wasn‘t able to answer aswell.
I sent a Webform, this will take a while but maybe they can clarify for us

 

[robkin]

What information did they request?

Icke — I’m not saying this is a good idea, but since I saw you were from Germany — can you go to a non Schengen country or other non-US-prohibited country for 14 days, fly to the US with ESTA and then enter Canada at a land border?

 

[Icke]

Not a good idea , as you said

They strictly tell in the mail that it’s only for reuniting with Immediate family members residing in Canada. They need proof for that ect.
You get a response automatically when you send them a mail.

 

[scylla]

What information did they request?

Icke — I’m not saying this is a good idea, but since I saw you were from Germany — can you go to a non Schengen country or other non-US-prohibited country for 14 days, fly to the US with ESTA and then enter Canada at a land border?

For the H&C / family reunification, I believe you are required to provide proof you are already living in Canada. The OP isn't living in Canada yet, so unfortunately not possible to provide this evidence. It doesn't help people who are yet to move.

The idea of traveling to the US may be possible. It would require spending 14 days in the US before entering Canada. But it may be doable if someone is able to enter the US.

 

[cygoh9]

unfortunately this won‘t help. I’m in the same situation and reached out to them and sent a mail and already got an answer.
As someone who’s not living there yet, there is no chance to give the Information they need and get the exemption.

AirCanada wasn‘t able to answer aswell.
I sent a Webform, this will take a while but maybe they can clarify for us

Hi, thank you everyone for writing in this forum - this is very helpful to us.

Can I ask Icke, did you get a personalised reply for your query? Or was it a generic reply? Also, you have obtained your approval for work permit or still in the process?

Other option is I travel there alone first, establish a residence, then my wife and newborn travels few weeks later. But yea, it is a serious inconvenience!

 

[Icke]

We’re planning on doing the same. I’ll fly there first, get settled and family comes a few weeks later with the travel exemption. Not the most convenient way but that’s probably the only way at the moment.
We already have our approvals for the work permits.

The mail I got was a generic mail asking for details and giving some more Information of what they need for the travel exemption.

Please keep us updated on this , I’ll do the same.

 

[canuck_in_uk]

Hi, thank you everyone for writing in this forum - this is very helpful to us.

Can I ask Icke, did you get a personalised reply for your query? Or was it a generic reply? Also, you have obtained your approval for work permit or still in the process?

Other option is I travel there alone first, establish a residence, then my wife and newborn travels few weeks later. But yea, it is a serious inconvenience!

We’re planning on doing the same. I’ll fly there first, get settled and family comes a few weeks later with the travel exemption. Not the most convenient way but that’s probably the only way at the moment.
We already have our approvals for the work permits.

The mail I got was a generic mail asking for details and giving some more Information of what they need for the travel exemption.

Please keep us updated on this , I’ll do the same.

I'm just guessing but I'd say the exemption for reuniting with a family member in Canada is likely only for extreme circumstances. Also, given the backlog of Webforms, reduced staff/hours and the work needed to issue such an authorization, it is very possible that the travel ban will be over by the time such a request is processed.

Certainly apply but don't put your eggs all in one basket expecting that it will happen.

 

[cygoh9]

We’re planning on doing the same. I’ll fly there first, get settled and family comes a few weeks later with the travel exemption. Not the most convenient way but that’s probably the only way at the moment.
We already have our approvals for the work permits.

The mail I got was a generic mail asking for details and giving some more Information of what they need for the travel exemption.

Please keep us updated on this , I’ll do the same.

Yes, I would keep you all posted too. Let me know if you receive a personalised reply. Thanks.

 

[cygoh9]

We’re planning on doing the same. I’ll fly there first, get settled and family comes a few weeks later with the travel exemption. Not the most convenient way but that’s probably the only way at the moment.
We already have our approvals for the work permits.

The mail I got was a generic mail asking for details and giving some more Information of what they need for the travel exemption.

Please keep us updated on this , I’ll do the same.

Any updates yet from the Web form? Cheers

 

[Icke]

Any updates yet from the Web form? Cheers

No, again just another a generic reply.
Guess we’ll just book and see what happens then.