Canadian Immigration Issues for March 2022

 Quarantine rules

It is now easier to get into Canada. No PCR test is required. The essential rule is that all travelers seeking entry into Canada must be fully vaccinated. There are exceptions to this general rule which appear geared to those who wish to help a loved one enter Canada or attend a funeral. See this web link for more on temporary residents seeking entry: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit.html

A further announcement was made on FEB. 15TH/22 in which new rules take effect on FEB. 28TH/22. Fully vaccinated travellers will be randomly selected for testing upon arrival at air or land border points. See the following web link: https://www.canada.ca/en/public-health/news/2022/02/government-of-canada-lightens-border-measures-as-part-of-transition-of-the-pandemic-response.html

However, if you are an unvaccinated traveller, testing and quarantine isolation will continue to be required.

Atlantic Immigration Program

The Atlantic Immigration Program commenced recently. Details about the agreement can be found at this web link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/federal-provincial-territorial/new-brunswick/canada-new-brunswick-agreement-atlantic-immigration-program.html

Backlog issues with the Minister of Citizenship and Immigration

The immigration Minister is poised to deal with the significant backlog of cases that plagues his department. The Minister prefers to deal with the backlog rather than initiating the selection of new applications under the Express Entry program. There have not been draws conducted in EE program for many months already. The Minister was speaking to the Canadian Club in Toronto recently and all he was quoted as saying is that new draws will be happening “very soon”. As to how long “soon” will be is anyone’s guess. If you are someone interested in seeking entry into canada as a pr then its strongly advisable to review and consider the various provincial nominee programs across Canada as the options are quite limited.

When someone applied to renew their work permit, they had what was called IMPLIED STATUS to continue working. Now the IRCC is calling it RETAINED STATUS. See this following web link on the subject: https://www.canada.ca/fr/immigration-refugies-citoyennete/organisation/publications-guides/bulletins-guides-operationnels/residents-temporaires/travailleurs-etrangers/travailler-sans-permis/travailler-sans-statut-implicite.html  The key paragraph to keep in mind is as follows: “Section R186(u) allows foreigners to work without a work permit if they meet the following conditions (all must apply):

  • they submitted an application to renew their work permit under section R201 before the expiry of the initial work permit;
  • they remained in Canada (meaning they did not physically leave the country);
  • they continue to meet the conditions set out in the expired work permit, except for the expiry date.

If an applicant has a pending PR or WP case that has been pending for an inordinate lengthy time period, it is highly recommended to try filing a MANDAMUS action in the Federal Court. This is a preferred method as it captures the attention of the law department for IRCC which is of course the Department of Justice. The legal department will make direct contact with the office who is supposed to be processing the application and which seems to always generate immediate work on the matter. Results happen quite quickly.

The RECORD must still be prepared which is set out in the federal court rules and in the annotated immigration Act of Canada.

David H. Davis is the founder and owner of Davis Immigration Law Office. He and his team can be reached by email at: david@daviddavislaw.com on the web at www.daviddavislaw.com or by phone at 204-956-2336 extension 208. David has over 32 years of legal experience in Canadian immigration legal matters.

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