Show that you’re travelling to Canada for an essential reason
- Thread starter kylelowry
- Start date
It's honestly all over the place based on what we are seeing on this forum. Some people are being told one thing - others something else for the same scenario. And we've seen a number of denied boardings.
It think it's a dice roll unless someone is already a Canadian citizen or PR - or has a valid COPR.
It's unfortunate the rules aren't clearer or aren't applied more consistently.
CBSA also updated their website on May 1, hopefully it makes their justification rules more clear...Essentially, if you come to Canada to live with your immediate family members for one year or more, it is considered "essential". Come to visit/live with your spouses and then go back home country in less than 1 year is not essential...
Coming to Canada
Coming to Canada
- I declare
Returning to live in Canada following international travel of less than one year - Moving or returning to Canada
- entering Canada with the intention of establishing, for the first time, a residence for one year or more (in the Customs Tariff, such a person is referred to as a "settler");
- a former resident, moving back to Canada to resume residence after a continuous absence of one year or more, or after being a resident of another country for a period of one year or more.
My interpretation of the above rules is any immediate family members who are going to enter Canada on visitor visa or eTA would be denied, as valid visa would only allow them to stay for less than one year unless they have government authorization letter to prove their travel is non-optional. But regardless, it is still under the decision of CBSA officers jurisdiction at POE.
The part you have quoted above has nothing to do with COVID-19. This info was posted pre-COVID and hasn't changed. All this does is point to the pre-existing guides for people coming for less than one year vs. people coming for more than one year.
Only the bit at the top of the page in the yellow box has been added.
From the link in the (CBSA) yellow box:
Keep in mind that while IRCC May have allowances for family members, CBSA is the final authority on who gets to enter Canada, regardless of their status. It has always been this way (though not often reported during time of normal activities) they can and have denied family members entry. These are exceptional times and the regulations are being enforce stringently.
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From what I read here some say to live with your spouse for more than a year, or to work or study. I will still have my husband call CBSA since it's tricky that even if we get a letter from IRCC they can still deny entry at the border. The problem is I am also on open work permit and will still look for a job there while my daughter's school starts September but we plan on living there for more than a year with my spouse so that should be considered as essential.
Only PR Holders and Canadian citizens?? Then how come some temporary foreign workers are given letters by the IRCC that they are exempt from the travel ban provided that the trip is essential? The IRCC and the CBSA seems to have a different set of guidelines that contradict one another?
Yes if you can obtain letters by IRCC that’s different case. But at the moment it’s hard to get letter approved. For immediate family member you can only enter if you have 1 year visa , In my case I have US passport and I didn’t apply for PR because I work in Japan. I just wanted to be with my family in Canada during these crises. But CBSA don’t think social support in essential. Majority of countries with restrictions are allowing spouses/ parent of immediate family to enter without any essential reason. I am more disappointed at Trudeau for making these rules for immediate family members. It’s hard to stay away from your family for long time especially if your kids are dependent.
If you want to be with your families during these crisis, this is considered optional or discretionary according to the definition. Your intention has to be staying in Canada for more than 1 year.
Here is an interesting post, and it explains the procedures of CBSA and IRCC under the Initial International Order, the following is quoted from the post,
IRCC has informally confirmed that, in general, coming to Canada to establish residence is not an optional or discretionary purpose, where the foreign national is subject to an exemption from the travel restrictions (e.g., workers, students, immediate family members of Canadian citizens or permanent residents, etc.). This interpretation appears to be consistent with PDIs.
Notwithstanding IRCC’s PDIs and its informal statements, the Canada Border Services Agency (CBSA) is apparently turning away immediate family members of Canadian citizens and permanent residents, if their intention is not to establish their residence in Canada. If they merely intend to stay until the COVID-19 outbreak has ended, CBSA is taking the position that this is an optional or discretionary purpose.
So my interpretation before is still correct, it is going to be very hard for immediate family members who are from visa exempt countries or having visitor's visa to convince CBSA officer that the trip is essential. For those who have CoPRs, it is going to be easier.
The original post is available here:
https://www.jdsupra.com/legalnews/a-revised-update-on-canada-s-travel-78758/
IRCC has informally confirmed that, in general, coming to Canada to establish residence is not an optional or discretionary purpose, where the foreign national is subject to an exemption from the travel restrictions (e.g., workers, students, immediate family members of Canadian citizens or permanent residents, etc.). This interpretation appears to be consistent with PDIs.
Notwithstanding IRCC’s PDIs and its informal statements, the Canada Border Services Agency (CBSA) is apparently turning away immediate family members of Canadian citizens and permanent residents, if their intention is not to establish their residence in Canada. If they merely intend to stay until the COVID-19 outbreak has ended, CBSA is taking the position that this is an optional or discretionary purpose.
So my interpretation before is still correct, it is going to be very hard for immediate family members who are from visa exempt countries or having visitor's visa to convince CBSA officer that the trip is essential. For those who have CoPRs, it is going to be easier.
The original post is available here:
https://www.jdsupra.com/legalnews/a-revised-update-on-canada-s-travel-78758/
Yes, calling CBSA would be helpful but they will emphasize the final decision will be at the hands of officers at POE. Immediate family members don't need authorization letters.
Im confused and cautious now. My 1st attempt at boarding failed even on w-1 and s1 visa. These visas were issued prior to lockdown many months back. I have been sending emails to IRCC and then got a letter of assessment that we are exempt from the travel ban but CBSA officers are still the ones to decide at POE. So even if I have a letter from IRCC this 2nd attempt makes me think 3x if I will be denied entry at the border if I am at the mercy of the CBSA officers.
I don't know what is confusing you. It is always the case that CBSA officers at POE have the final decision to allow any foreigners to enter Canada. It is like this even without this travel restriction. But I don't see any reason if you have the authorization letter from Canadian government and your travel is essential, why would CBSA officers at POE deny your entrance to Canada.
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