Coronavirus impact to stay requirements

[dreamon2019]

Thanks for the clarification. For some reason your initial post seems to have disappeared now.

In any case, your options in order of preference are:

1) Return to Canada by your latest return date (May 2020). This will guarantee you will not have any issues. The price for peace of mind will be an expensive airfare, as you say.

2) Return to Canada as soon as you can find a reasonably-priced flight. The lower your breach, the better the chances that you will not be reported. But the risk is always there, and it's tough to say how a PR in breach of RO (however small the breach may be) will be treated and questioned while travel restrictions are in place. One the one hand, CBSA may focus more on enforcing health-related issues and may have less capacity to deal with RO compliance. On the other hand, questioning at the primary inspection line may be more extensive than usual for the exact same reason, and this may make it more likely that your RO breach will be discovered. It's hard to say - we simply don't know. Nobody on this forum has reported any experience trying to enter Canada during lock-down while also being in breach of RO. It's a gamble.

3) Return to Canada when travel restrictions have been lifted and normal travel has resumed. This is the least preferred option and may be a big gamble.

Remember that one of the factors officials will look at is whether or not you returned to Canada at your first opportunity. While you might argue that returning to Canada on a $10k+ ticket is not feasible, it's unclear if officials will take the same view. Therefore, it is best to return as soon as possible.

As for your cough: since you have had your cough due to an existing condition, you should be able to board a plane. I am unsure how they check for your symptoms, but if it's not super-obvious (i.e. coughing literally multiple times per minute) I would think you should not have an issues.

Besides that, there must be some sort of medical record that outlines the condition that you have? How did you disclose it during the upfront medical you had to do for your PR application?

Yes, my OP is "waiting for approval", may due to the 2-3 times update in short time.
Thank you for your detail reply. You are right, maybe a "expensive" ticket, e.g. CAD8,000, is just in my mind but not in the CBSA officer's agree...this is possible. So, when I talked that I don't want to bring potential spread risk to community and don't want to bring burden to medical resource of Canada is more weak.

I do have hospital record papers in non-English, since year 1996....I will manage to find them out if I can......
I cannot remember there is somewhere in my PR application asked to declare about chronic cough, pharyngitis...
If it's saying the declaration in medical exam, I think I told the every truth of my health status, no one want to make misrepresentation, I also understood the chronic cough will not be a reason lead to a fail of medical exam, so I think I told the truth.
(if you have an idea about where to check the medical exam history, please kindly let me know)

I do health check every year, this is benefit from my employer too, X-rays to lung, blood test, etc, never have an issue about lung.
The chronic pharyngitis is common problem, not serious for me, but just will lead occasion cough, for example....1-2 times every 1-3 hours? But if the air condition not good, or smelled very hot/cold air, will make the cough more serious in short term, let's say 1-2 mins, just like takes some time to suite the air condition.

I think it will be better to check with CBSA about what kind of test result they will consider.

Thank you again.

 

[dreamon2019]

Post again since OP need review for uncertain time, hopefully more people see this sooner.


I have similar situation, and get replies from IRCC, would like to share here to keep one thread discussing similar topic.


I landed in Canada let's say Dec, 2016 (for example).
After almost 1 year trying, I didn't get a job, so I went back to my home country since the living cost will apparently lower in my home country, and I don't want a big gap in my career. (Stayed about 200 days in Canada, the rest time, travelling whilst looking for jobs, interviews from internet)

Theoretically, my last return date shall no later than end of May, 2020 (the correct calculated), otherwise, I will not be able to stay 730 days in my first 5 years)

I get a job in my home country after getting back, my employer approved my remote work after years strive, so I went back to Canada in Dec 2019. (The reason I always stayed in the employer is because from the beginning before I accept the offer, I talked to them about my status in Canada, they understood and considered, mentioned I would be approved, so I strive for their approval and staying in same great employer)

My grandpa passed away just 1 week after my return to Canada, so I immediately went back to my country in Dec 2019.
My dad was traumatized, so I spent more months to accompany him until his status became stable, then I planned to return to Canada Feb 2020.
Then, the COVID-19 epidemics happened, nearly no flight to Canada, even there is, the super expensive ticket is not what I can afford.

I sent forms to IRCC, get replies, the COVID-19 will not make the RO change (e.g.., the deadline, extension, etc.). But they mention I may try to apply H&C if my PR card expires before I return Canada. (I haven't explained about the family member's pass away due to the word count limitation).
They didn't reply about what will happen if I cannot return before May 2020 while holding a not-expired PR while cannot meet the RO.

Another problem to me is, I have chronic cough since my childhood, and chronic pharyngitis.
According to the rule, even I manage to get a flight ticket before May 2020, if I have COVID-19 symptom, I cannot entry Canada by air unless it's proofed the symptom is not related to COVID-19.
Cough is listed in the symptom
I cannot enter Canada by other ways, e.g. rail, vehicle.

Do you have an idea about how to proof the symptom is not related to COVID-19? is there any list about designated medical exam clinic or hospital approved / authorized by IRCC in every country?
In my place, I can apply the test, but I cannot take the result paper out of the hospital, I can capture the picture by camera. But it will be in non-English.
The notarize office will not able to translate and notarize on the basis of picture.

I hope to get your opinion and help to my dilemma.

Thank you, and have a safe day.

 

[canuck78]

I assume you were replying my post, (don't know why my posts are waiting for approval)
Thank you for carefully check my posts or remember me.
Yes, I tried to sponsor my fiancee, but this is not crucial since she has a visitor visa.

A new question came up to my mind, since my finacee is holding visitor visa currently, can she enters Canada with me if I declare she is common law partner of me, - the immediate family member?

Thank you.

You can try if you have proof enough proof that she is common law. Bring a medical note if you have a chronic cough. If this is a longterm issue your doctor will have proof that this is a longterm issue and he/she can indicate it’s been a longterm issue since X and you have received treatment or surveillance for the issue since then but it causes you to cough.. People have coughs for various reasons but without a fever it shouldn’t be an issue. People were able to fly home with the covid 19 and still got through. It was very selfish of them but it is proof that it can be done easily. A cough, not related to covid, is not a good reason not to travel.


It may be very hard for your fiancée to remain in Canada for 2-3 years without working and keep extending her visitor status every 6 months until you can apply for sponsorship. Then there is the issue of healthcare you will need to consider and pay for a policy to cover emergencies. There were flight available in February/March and H&C would be for the death of your family member and not usually 2 months of additional support. If there was no other family or friends around perhaps it may be approved. Did you work during that time period? If so, you weren’t purely there because your family needed your support 24/7 you essentially moved back after working for a week in Canada. Did you not rent a place to live, get a phone, internet, etc. that you needed to return to and keep on paying? There is/was also a loan program if you could not afford a flight.

 

[dreamon2019]

You can try if you have proof enough proof that she is common law. It may be very hard for her to remain in Canada for 2 years without working and keep extending her visitor status every 6 months. Then there is the issue of healthcare you will need to consider and pay for a policy to cover emergencies.

Thank you for reply.
i will try to sponsor her once I return Canada, before that I think she has to go back and forth frequently...before the work permit or PR.
I will purchase commercial insurance for her for covering the healthcare related fees.
Thank you for remind.

 

[Bs65]

You can try if you have proof enough proof that she is common law. It may be very hard for her to remain in Canada for 2 years without working and keep extending her visitor status every 6 months. Then there is the issue of healthcare you will need to consider and pay for a policy to cover emergencies.

Just to add that even with the definition of immediate family and fact that the OPs fiance- common law partner has a visit visa the biggest challenge possibly still remains to convince an airline checkin agent that the fiance-common law partner will be entitled to travel as immediate family.

As for planning to go back and forth there is never any guarantee that someone on a temporary resident visa will be allowed to enter each time and generally recommended to be out of Canada for same time as in, but who knows how that might change in future.

Edited to indicate fiancé- common law given fiancé is not recognised as immediate family, no status at all for fiancé , only common law or married spouse

 

[canuck78]

Thank you for reply.
i will try to sponsor her once I return Canada, before that I think she has to go back and forth frequently...before the work permit or PR.
I will purchase commercial insurance for her for covering the healthcare related fees.
Thank you for remind.

Just warning you that most healthcare policies only cover emergencies. You can only sponsor her once you are compliant with your RO or you are putting your own PR at risk.

 

[canuck78]

Just to add that even with the definition of immediate family and fact that the OPs fiance has a visit visa the biggest challenge possibly still remains to convince an airline checkin agent that the fiance will be entitled to travel as immediate family.

As for planning to go back and forth there is never any guarantee that someone on a temporary resident visa will be allowed to enter each time and generally recommended to be out of Canada for same time as in, but who knows how that might change in future.

They would need to be common law and be able to prove it. Fiancéeisn’t considered family.

 

[Bs65]

They would need to be common law and be able to prove it. Fiancéeisn’t considered family.

Agreed , should have posted fiancé-common law partner .Still a challenge to get past a checkin agent and having to share personal info about relationship to a complete stranger in an airport.

 

[canuck78]

Agreed , should have posted fiancé-common law partner .Still a challenge to get past a checkin agent and having to share personal info about relationship to a complete stranger in an airport.

It really comes down to whether the check-in agent wants to determine if you are actually common law.

 

[Copingwithlife]

It really comes down to whether the check-in agent wants to determine if you are actually common law.

And as a former checkin agent , many if not most , would have no clue on how to determine if someone fit the definition of common law or taking the risk to board
Checkin agents tend to be risk adverse
If it’s not black or white in the rules.....typically no grey area when it comes to boarding passengers subject to country entry rules

 

[dreamon2019]

Just to add that even with the definition of immediate family and fact that the OPs fiance- common law partner has a visit visa the biggest challenge possibly still remains to convince an airline checkin agent that the fiance-common law partner will be entitled to travel as immediate family.

As for planning to go back and forth there is never any guarantee that someone on a temporary resident visa will be allowed to enter each time and generally recommended to be out of Canada for same time as in, but who knows how that might change in future.

Edited to indicate fiancé- common law given fiancé is not recognised as immediate family, no status at all for fiancé , only common law or married spouse

Thanks for the reply, in year 2017, my fiancee came in and out Canada to see me for 4-5 times not met a challenge yet, so I haven't aware of the situation you mentioned, but I understand now, will carefully consider again.

 

[dreamon2019]

Just warning you that most healthcare policies only cover emergencies. You can only sponsor her once you are compliant with your RO or you are putting your own PR at risk.

Thank you, I will check with insurance company on this.

They would need to be common law and be able to prove it. Fiancéeisn’t considered family.

About Fiancee or common law partner, I think I just mix used the words, but we are actual common law partner and have lived together over 3 years, will carefully prepare the documents for entry or to satisfy CBSA.
Thank you.

 

[canuck78]

Thank you, I will check with insurance company on this.



About Fiancee or common law partner, I think I just mix used the words, but we are actual common law partner and have lived together over 3 years, will carefully prepare the documents for entry or to satisfy CBSA.
Thank you.

It will be up to the airline check-in agent to decide in India whether she is allowed to fly at this point.

 

[dreamon2019]

It will be up to the airline check-in agent to decide in India whether she is allowed to fly at this point.

Thank you for remind, I will check with the check-in agent on their required documents.

 

[canuck78]

Thank you for remind, I will check with the check-in agent on their required documents.

It will be up the person on that day. There are no flights out of India anyways.