So it's basically saying that even if we do have an authorization letter, we won't be able to enter because border officers have their own rules?! Then they shouldn't issue these guidelines if it causes so much of confusion and uncertainty for everyone!
Show that you’re travelling to Canada for an essential reason
- Thread starter kylelowry
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Exactly. They could have just said only Canadian citizens and PRs are allowed in.
Exactly, I received their answer and it was a long, but standard reply that, in resume, says that we would be allowed or not by the officer at the POE.
Reading now the new guidelines, it gets a bit clearer, but there are still some questions. They say that traveling to work, study or fix permanent residency is non-optional travelling, and for those who have a work permit, they should ask if the job offer is still available (this is my case, I'm going with a closed work permit). I can get a letter from the company to prove it to the officer.
Later, the text says that those who are going with a work permit but doesn't have yet a job offer, may be denied. This is the case of my spouse, who have an open work permit.
As we have the documents that the air company should require by those guidelines (work visas + presentation letters), I suppose we would be allowed to fly there.
What are the chances of just her being denied to entry, in this scenario?
That's true. CBSA has the final authority to let you in, even though it may go against the guidelines. I maintain the same position that even though CBSA can refuse entry, it doesn't change the fact that family reunification is a constitutional right. Family reunification is one of the pillars and at the cornerstone of Canada's immigration policy. My point is that family reunification is not a side option of Canada's immigration policy; CIC is not doing families a favor. The IRPA sees that families are reunited and supports that right. It's not my opinion; it's the law. On the other hand, Canada has the right to control their immigration which I did not deny in my statement. One doesn't hinder the other. That being said, due to the pandemic, Canada has an obligation to protect the safety of its citizens, residents and infrastructures and that is the role of the CBSAs. What seems to be unclear is do these guidelines they keep updating on their website have any value once you reach the POE? Because if a non resident enters to live in Canada but the CBSA would systematically deny entry, why put these updated guidelines to confuse people and separate families that were assured by Trudeau that they were exempt from the restrictions?
I think you sort of answer your question. No one can tell you what are the chances of being denied but just the fact that there is one chance that she gets denied is what you should based your decision on whether to travel now or not. You should thoroughly think this through, what would you guys do if you come together at the border and she is denied entry? Is it a chance you are willing to take?
Let's please not exaggerate. Nowhere as far as I'm aware in Canadian constitutional documents is 'family reunification' per se recognised as a constitutional right. It can be a policy, it can be a policy covered by law, the law can even provide citizens with some specific rights - that doesn't make it a constitutional right.
Likewise, even constitutional rights are not absolute. Sometimes rights do conflict with other constitutional principles and rights - or they do 'hinder' one another. That's what government and laws and later the courts are supposed to do, find a balance.
Otherwise I agree with much of what you're saying - CBSA may not be, for example, fully implementing the policies of the government, and it's worth holding the government to account on this.
But throwing around 'constitutional right' language doesn't add anything, it's not factual.
I am married with a Canadian citizen who is in Canada now, I have a valid visitor visa and also our case (Family Sponsorship) is still in process in Warsaw.
I sent a request to Canadian Embassy in Moscow for authorization and clarifications about my rights to travel to Canada, but then my husband received a call from some 1st Secretary, Liaison Officer in Warsaw who somehow decided that my trip is not essential. I got so upset with all this situation when I coannot be with my husband, especially when everywhere you hear "stay at home with your family" and we are separated because of silly Canadian laws =(
I contacted the airlines and they confirmed that they would let me board.
The next day the same Officer from Canadian Embassy in Warsaw called again and confirmed that I can travel to Canada though he doubts that the Border Officer in Toronto will let me enter the country.
I wonder if anybody in the same circumstances managed to persuade the Officer at Pearson to let enter Canada?
I sent a request to Canadian Embassy in Moscow for authorization and clarifications about my rights to travel to Canada, but then my husband received a call from some 1st Secretary, Liaison Officer in Warsaw who somehow decided that my trip is not essential. I got so upset with all this situation when I coannot be with my husband, especially when everywhere you hear "stay at home with your family" and we are separated because of silly Canadian laws =(
I contacted the airlines and they confirmed that they would let me board.
The next day the same Officer from Canadian Embassy in Warsaw called again and confirmed that I can travel to Canada though he doubts that the Border Officer in Toronto will let me enter the country.
I wonder if anybody in the same circumstances managed to persuade the Officer at Pearson to let enter Canada?
Will this reason help me convince the Officer to let me enter the country?
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I may not be a Canadian citizen, i am only on open work permit my daughter on student visa. But my husband is in Canada on closed work permit. We were unable to board the plane because airlines contacted CBSA and they said they would not let me in since my travel is non-essential. You need written letter from IRCC to prove you are exempt from the travel ban but there is no guarantee to this because ultimately CBSA have the final say whether you can board or not.
Just to show the seriousness of the situation, there was a pregnant woman with her 2 yr old child who is Canadian who was not allowed to enter the border but they were allowed to board the airplane. Now they are stuck at the airport waiting for a ride back home.
For anyone who would like to enter to Canada think 3x and have the necessary permits or letters. I wouldn't go through the ordeal of going to the airport again with my 6 yr old crying because she cannot be with her father. This situation for us who are unable to enter with an immediate family member is just horrible at a time like this. Even if we follow protocols and quarantine ourselves for 14 days, we still do not have the final say.
For anyone who would like to enter to Canada think 3x and have the necessary permits or letters. I wouldn't go through the ordeal of going to the airport again with my 6 yr old crying because she cannot be with her father. This situation for us who are unable to enter with an immediate family member is just horrible at a time like this. Even if we follow protocols and quarantine ourselves for 14 days, we still do not have the final say.
Again, there is no constitutional right for a foreign national to enter the country, regardless of who they are related to.
I understand it. But what arguments will help to convince the Officer in Canada at Pearson? As I see, the final decision is made by them regardless authorization letters from IRCC. I cannoy find the definition of "essential" on Canadian website. Though the British website defines "essential" like it's your personal decision whether you need to travel or not.
I wonder what can be said to the Officer to persuade him that staying apart affects my and husband's mental and physical state ?
Can anybody give examples of successful entries? Please
I Am US citizen and my spouse and kids are Canadian National and lives in Canada. I was suppose to fly to Canada from Japan next week. I called CBSA Officer and he clearly told me I won’t be able to travel to Canada even I am immediate family member of Canadian citizen. Basically only Canadians and PR holders can enter Canada. They don’t care for immediate family members reuniting or entering Canada. It’s better they remove Immediate family members from travel restrictions exempt list. I feel sad for Travellers getting denied to board their flights or denied by a CBSA Officer at airport. Totally misleading information.
According to my experience talking to CBSA I think there is no arguments which will help convince Officers. I even asked what essential reason immediate family member can have to visit family ( obviously he/she is coming to help family ) , he told me if you are health care worker , etc only that’s essential. I decided to change my ticket to next month. Hopefully things might change by that time.
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That is different from what I experience. I called CBSA last weekend and officer told me immediate family members are exempt from travel restriction if the trip is considered non-optional, e.g., establish full-time residency etc. The intention is to stay with your family members for long time (e.g., 1 year or longer) but not on a vacation visit.
Any perspective PRs can travel to Canada if CoPR was issued before March 18. But immediately family members don't have that restriction.