Spouses landed or plan to land during travel restriction?
- Thread starter ryester
- Start date
CBSA said they wouldn't allow my husband to enter Canada. Still trying to figure out why since he falls under the exemption of immediate family members.
Did your husband get his CoPR? If not, does he have visitor visa or TRV? Did CBSA say why they would not allow him to enter Canada? (I assume you are Canadian citizen or PR)
Yes, he has his COPR and I'm a Canadian citizen. I just got off the phone with them and now they're saying he should be allowed to enter but that family reunification isn't always enough to deem a trip essential. I just hope this answer doesn't change again when it comes time to board a flight.
He will not be allowed because of family reunification, he will be allowed because he is a PR who will be landing., as long as his application was approved by March 18
By IRCC:
"Permanent residence applications approved on or before March 18, 2020
If your application was approved on or before March 18, 2020, but you haven’t travelled to Canada yet, you’re exempt from the travel restriction measures."
If this is not the case I would not count on this...
His COPR was issued after March 18, but the whole thing is very confusing because reunification of immediate family members is a separate exemption independent of when his application was approved. It seems that the main issue for CBSA is that his travel is not essential. I explained to them that his travel is not discretionary and that he's moving here permanently. This isn't a case of someone who just wants to visit and then go back to their country. In the end, they said he should be allowed to enter and that his COPR will be signed once he enters Canada, but like you said, I'm not counting on it.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions.html#family-reunification
Yes but since his COPR wasn't issued by March 18th, you would have to rely on other exemption which is being a close family member of a Canadian Citizen.
However, they are very vague on what non-essential is. I would suggest to make your case stronger that he states that he no longer has a residence back in his country to where he could return if we were to be sent back.
My wife is due to come on June 14th, unless they keep cancelling the flight we booked, however her PR was approved on March 6th so we are relying on both exemptions.
I agree. How they determine what is essential and non-essential is very vague and inconsistent. We've been apart for over a year waiting for his PR application to be approved. I was like how is his coming to Canada to finally be reunited with his spouse not essential?!? I'm doubtful that they will allow him to board, but it's worth trying at least. Wish you all the best. Seems like you should be fine since she got her COPR before March 18.
Family reunion itself cannot guarantee the spouses (or immediate family members) of Canadian citizens and PRs to enter Canada. But if he comes to establish full-time residence, that qualifies as essential travel.
CoPR issuance date for him should not matter.
For immediate family members of Canadian citizens and PRs, CoPR issuance date is not required to be before March 18.
Don't worry, I called CBSA and the officer said my wife (CoPR issued on March 26) is allowed to enter Canada. But only CBSA officers at POE can make the final decision at the time of entry.
Thanks for the info. I thought it was clear to them that it was to establish full-time residence, but maybe the embassy didn't pass that information on to CBSA. Once I explained to them on the phone that he has a COPR and is moving here permanently, they seemed to be more cooperative.
No, CBSA has its own interpretation of the travel restriction and exemption, it has nothing to do with IRCC, though they try to work together. CBSA is the final authority to allow or deny foreign national to enter Canada at POE.
When I called CBSA, the first thing the officer asked if I am a Canadian citizen or PR and my spouse got approved (visa, CoPR etc.), and then she told me that my wife is exempted if she is approved.
The Canadian embassy in my husband's country of residence just asked me to get confirmation from CBSA in writing that he will be allowed to enter the country. This feels like a neverending wild goose chase lol. When I spoke to the officer yesterday and asked if he could send an email to the embassy letting them know my husband can enter Canada, he said no. Hopefully the email that I forwarded where the embassy is clearly asking for CBSA's confirmation in writing will be enough for them.