Show that you’re travelling to Canada for an essential reason
- Thread starter kylelowry
- Start date
Hey, I'm in the same situation as you are. From my multiple reach-outs to CBSA in the past week, it's likely that your foreign spouse won't be able to get across the border for the time being unless he or she can demonstrate that the travel is essential. As of now, CBSA is interpreting the definition of essential stringently. Continuing the family unity or not wanting to be apart from your spouse is not considered as essential, unfortunately.
Continuing family unity? That doesn't make sense here. So you're to tell me that you both live in Canada and that your spouse cant return with you once travel restrictions above are lifted? Or you're referring to a different situation? If spouse of citizen/PR are exempt from restrictions, what are you guys all referring to?
Perhaps I didn't phrase it well. Yes, spouses of citizen and PR are exempt from the restrictions, but they'll still be denied entry if they are not coming for an essential purpose.
For everyone's info, there is an update on IRCC website dated April 29
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2020-non-optional-non-discretionary-travel.html
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2020-tr-mi.html
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2020-non-optional-non-discretionary-travel.html
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2020-tr-mi.html
Thank you! Finally a clear guideline. It looks promosing.
I'm not saying you didn't phrase it well, I'm just more confused by the thread. From what I understand, if you come back with your spouse who is temporary resident, they might let you in but not the spouse. Anyway, if I hear anyone travelling back with this case, I will share here. I guess it's better to wait when they ease travel restrictions for everyone. Thanks for your input.
Thanks @smileyface19 for sharing. Found the answer I was looking for.
Family reunification
Officers should be aware that family ties will not automatically qualify the foreign national for non-optional or non-discretionary travel. Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit.
Some examples of non-discretionary or non-optional travel for the purposes of family reunification are (not an exhaustive list)
Family reunification
Officers should be aware that family ties will not automatically qualify the foreign national for non-optional or non-discretionary travel. Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit.
Some examples of non-discretionary or non-optional travel for the purposes of family reunification are (not an exhaustive list)
- to take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents who are seeking entry to Canada to live with immediate family members)
- to care for an ill family member or a family member who is unable to care for themselves when no other arrangements can be made (the 14-day quarantine for travellers will be factored into whether the travel is discretionary)
- for foreign national immediate family member(s) (as per the definition in the Order in Council), to spend the pandemic period with their Canadian citizen family member so they can help to ensure each other’s health, safety and well-being (This section is specifically to allow for the reunification of family members where it would be beneficial to all parties, as the reunification of family members is a key point of the Order in Council. This allows for families to be together during this difficult time.)
- shared custody agreement across borders, as this would be complying with a court order
Nice to see they are finally spelling it out clearly, I wonder how many people went to the airport for their flights to be told they can't travel or arriving at a POE and being refused entry? Must be quite a few to prompt them to keep clarifying the policy further.
Actually even if we are exempt if we don't have the letter it's quite useless. It's so very difficult to get a letter from IRCC if you are not a PR or Canadian. Yes I went to the airport last April 24 and was not allowed to board the plane even if I have a valid work visa, student visa and pre approved letter.
You need the letter unless you have immediate family member that is citizen/PR.
yeah but I requested for the letter numerous times but I am not getting any response
@Laurahd this is our situation. My fiance and I live in the US together. His PR application is processing, but my visa will be expiring soon so we were going to move to Canada together with him under a visitor visa while we wait for his application to be approved.
Based on what you quoted, it looks like that would be allowed, but I haven't been able to find that same information on the government website. Could you please post the link? I am wondering if maybe they changed the guidelines again and that it is no longer allowed.
Finally, everything seems to be clear and fall in one complete picture.
Immediate family members of Canadian citizens and PRs are exempt from travel restriction (regardless their status, e.g., CoPR approved after March 18 etc.), as long as they have valid travel and relationship documents, AND their travel is considered essentials (E.g. establishing full-time residence in Canada) they are allowed to enter Canada. I also called CBSA agent today to confirm this.
Travel restriction exemptions
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions.html#travel-restriction-exemptions
Non-optional and non-discretionary travel: COVID-19 program delivery
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions/non-optional-non-discretionary.html
Please note as some people mentioned,
Officers should be aware that family ties will not automatically qualify the foreign national for non-optional or non-discretionary travel. Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit.
If you tell CBSA officer at the POE that you are coming for a short visit to your immediate family members or on a vacation, it will NOT be considered as non-optional or non-discretionary travel and be rejected to enter Canada.
Immediate family members of Canadian citizens and PRs are exempt from travel restriction (regardless their status, e.g., CoPR approved after March 18 etc.), as long as they have valid travel and relationship documents, AND their travel is considered essentials (E.g. establishing full-time residence in Canada) they are allowed to enter Canada. I also called CBSA agent today to confirm this.
Travel restriction exemptions
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions.html#travel-restriction-exemptions
Non-optional and non-discretionary travel: COVID-19 program delivery
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions/non-optional-non-discretionary.html
Please note as some people mentioned,
Officers should be aware that family ties will not automatically qualify the foreign national for non-optional or non-discretionary travel. Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit.
If you tell CBSA officer at the POE that you are coming for a short visit to your immediate family members or on a vacation, it will NOT be considered as non-optional or non-discretionary travel and be rejected to enter Canada.
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