New travel exemption for immediate family member not being honoured or implemented by OUTCAN visa offices

[CDNsoldier]

I applied for a TRV for my wife back in 23 APR 20. I received a letter via GCKey on 7 May, stating my wife does not meet the exemption criteria as she is not visiting for essential reasons. After the recent announcement (8 jun) by the immigration minister and CBSA allowing immediate family member of Canadians and PRs to visit them without essential reasons. I emailed the visa office and they are still telling me my wife does not meet the criteria. They are holding my $100 hostage and not doing anything. What is my recourse. How can I complaint about this behaviour? I’m am super upset now! Should I email the IRB?

 

[scylla]

I applied for a TRV for my wife back in 23 APR 20. I received a letter via GCKey on 7 May, stating my wife does not meet the exemption criteria as she is not visiting for essential reasons. After the recent announcement (8 jun) by the immigration minister and CBSA allowing immediate family member of Canadians and PRs to visit them without essential reasonS. I emailEd the visa office and they are still telling me my wife does not meet the criteria. They are holding my $100 hostage and not doing anything. What is my recourse. How can I complaint about this behaviour? I’m am super upset now! Should I email the IRB?

I'm not sure how much help I can be. However you can't just email the IRB. This won't result in any action. You would need to file an official appeal with IRB if you want reconsideration which would likely take months to process. So don't think that's an effective path. Not sure what to suggest... Maybe withdraw the current application and reapply?

 

[CDNsoldier]

I'm not sure how much help I can be. However you can't just email the IRB. This won't result in any action. You would need to file an official appeal with IRB if you want reconsideration which would likely take months to process. So don't think that's an effective path. Not sure what to suggest... Maybe withdraw the current application and reapply?

The thing is, they are holding the application until the “pause is lifted”. I emailed my MPs office and CCd the CIC minister and deputy PM as well as the ambassador of the VO.

 

[Islander216]

Honestly, what i've found is that a lot of this stuff gets implemented at the discretion of the people on the ground.

I was allowed to land as an approved PR with a specific exemption, and yet i was told when flying to Canada that they have to verify this and it took over an hour, and the representative of the airline told me it changes at any time, and it was not guaranteed that i would be able to fly.

Take what's said with a grain of salt.

 

[CDNsoldier]

Honestly, what i've found is that a lot of this stuff gets implemented at the discretion of people on the ground.

I was allowed to land as an approved PR with a specific exemption, and yet i was told when flying to Canada that they have verify this and it took over an hour, and that the representative of the airline told me it changes at any time, and it was not guaranteed that i would be able to fly.

Take what's said with a grain of salt.

Understood. However if what’s said is coming directly from the horse’s mouth ( CIC Minister on news and twitter and CBSA) then who is a visa officer working in a foreign country, for CIC to make theirs own interpretation? The “BOSS” made it clear. The exemption is black and white.

 

[Islander216]

Understood. However if what’s said is coming directly from the horse’s mouth ( CIC Minister on news and twitter and CBSA) then who is a visa officer working in a foreign country, for CIC to make theirs own interpretation? The “BOSS” made it clear. The exemption is black and white.

I completely agree with you, and this is what i don't understand with their implementation of policies which have already been clearly stated publicly and made official.

It's like they don't receive the directives properly, or that person doesn't want to be the one to authorise the visa in this situation, it's a bit of a crapshoot.

 

[CDNsoldier]

My PMs office got back to me. Their team will escalate and get back to me by Friday. They asked for the VO ambassador’s email address as well. Enough is enough, the IRCC officials at OUTCAN VOs have to wake the * up!

 

[PMM]

Hi

I completely agree with you, and this is what i don't understand with their implementation of policies which have already been clearly stated publicly and made official.

It's like they don't receive the directives properly, or that person doesn't want to be the one to authorise the visa in this situation, it's a bit of a crapshoot.

1. Remember CIC can make all the statements and promises they want, but it is CBSA who makes the decisions at the Port of Entry. CIC can't direct CBSA to do anything.

 

[Islander216]

Hi
1. Remember CIC can make all the statements and promises they want, but it is CBSA who makes the decisions at the Port of Entry. CIC can't direct CBSA to do anything.

Sure, but the CBSA doesn't develop immigration policies in terms of who can or cannot enter, IRCC does that. They just implement and enforce the border regulations in accordance with their mandate, the criteria is provided to them by IRCC, even if they have the final decision to say yes or no.

These things are done conjointly between them.

Many times it's not a disagreement between IRCC and CBSA which is occurring, it's a discretionary approach by someone who works in immigration on the ground, which is at odds with directives sent from the higher levels.

You are very unlikely to have any issues with the CBSA if it's clear you have your paperwork to enter Canada.

 

[CDNsoldier]

Hi



1. Remember CIC can make all the statements and promises they want, but it is CBSA who makes the decisions at the Port of Entry. CIC can't direct CBSA to do anything.

Agreed. But CBSA made the same announcement. Forget twitter or official national media. The new exemption is on IRCC’s and CBSA’s Official web page. The same web page (Canada.ca) we go to for all immigration and customs administration and resources.

Until I can see a clear policy or directive allowing OUTCAN VO officials to “make their own judgment/interpretation” WRT changing policies. They are breaching there job description. Thus, misrepresenting Canada.

 

[Saim Karim]

Agreed. But CBSA made the same announcement. Forget twitter or official national media. The new exemption is on IRCC’s and CBSA’s Official web page. The same web page (Canada.ca) we go to for all immigration and customs administration and resources.

Until I can see a clear policy or directive allowing OUTCAN VO officials to “make their own judgment/interpretation” WRT changing policies. They are breaching there job description. Thus, misrepresenting Canada.

Hey, I am in kind of a similar situation! Lets exchange some info? I had applied for my wife 2 days back and got a generic reply " do not meet an exemption criterion and/or that your travel to Canada is non-discretionary"
I am at a loss of words and fail to understand this as I am a permanent resident and my spouse as an immediate member is "exempt" and the factor of "essential/non-essential travel" is null and void!
have supplied all documents including my PR card and certificate of marriage! To add to that, I have a spousal spnsorship application in process! Lets discuss??

 

[CDNsoldier]

Hey, I am in kind of a similar situation! Lets exchange some info? I had applied for my wife 2 days back and got a generic reply " do not meet an exemption criterion and/or that your travel to Canada is non-discretionary"
I am at a loss of words and fail to understand this as I am a permanent resident and my spouse as an immediate member is "exempt" and the factor of "essential/non-essential travel" is null and void!
have supplied all documents including my PR card and certificate of marriage! To add to that, I have a spousal spnsorship application in process! Lets discuss??

I got the exact same letter. Contact your local MP. See what they can do.

I have an Outland application to sponsor my wife. AOR 11 FEB 2020.

 

[Saim Karim]

I got the exact same letter. Contact your local MP. See what they can do.

I have an Outland application to sponsor my wife. AOR 11 FEB 2020.

I raised a Webform, practically feeding screenshots making it easier for them to understand that my wife is exempt! I have an Outland as well AOR december 23rd 2019.

 

[Saim Karim]

I got the exact same letter. Contact your local MP. See what they can do.

I have an Outland application to sponsor my wife. AOR 11 FEB 2020.

Did you get something worded like this?
"Based on our assessment of your recent enquiry, we cannot process your request as you have not provided sufficient evidence that you meet an exemption criterion and/or that your travel to Canada is non-discretionary, per the travel restrictions implemented to prevent the spread of the novel coronavirus (COVID 19) in Canada.
Even though you do not meet an exemption criterion and/or your travel has not been deemed non-discretionary, your application will now be put on hold until after the travel restriction pause has been lifted."

 

[confused_aj]

Glad to see it wasn't only me! I've submitted a TRV on 17th June, received biometric collection letter yesterday, and today I got the same letter as OP!

It was so unexpected that I had to re-read the letter and the pages on CIC website several times to make sure I'm not reading something wrong. I immediately sent an enquiry via the webform, included a link to the announcement of the new rules, and asked for clarification. Totally absurd!

Did you get something worded like this?
"Based on our assessment of your recent enquiry, we cannot process your request as you have not provided sufficient evidence that you meet an exemption criterion and/or that your travel to Canada is non-discretionary, per the travel restrictions implemented to prevent the spread of the novel coronavirus (COVID 19) in Canada.
Even though you do not meet an exemption criterion and/or your travel has not been deemed non-discretionary, your application will now be put on hold until after the travel restriction pause has been lifted."

Yup, my letter had the same wording.