COVID-19 Pandemic Procedures – Reuniting with Family in Canada

In times of uncertainty on a global, national and personal scale, the comfort of connecting with family can act as a soothing aid to the ever-growing challenges of the Covid-19 pandemic. In recognition of the difficulties that limitations on travel to Canada have posed for families, Immigration, Refugees and Citizenship Canada has introduced policy measures to provide certain categories of family members an exemption from current travel restrictions. While initially limited to immediate family members, a more extensive definition of qualifying family members has now been implemented. Dependent upon the degree of the familial relationship, and the immigration status of the individual residing in Canada, a different process for entry to Canada will be required.        

Definitions of Immediate and Extended Family Members

Separate processes and requirements for entry to Canada have been implemented based on the degree of relationship to the individual in Canada – with two separate categories of ‘immediate’ and ‘extended’ family being utilised to differentiate between these procedures.

IRCC defines immediate family members as including legally married spouses or common law partners; dependent children of the party in Canada, their spouse or common law partner’s; the dependent child of a dependent child; a parent or stepparent of the individual in Canada, their spouses or common law partner’s; or a guardian or tutor. Common Law partners, as elaborated under this policy, includes same or opposite sex partners who have been cohabiting together for at least one year. Significantly, conjugal relationships (those who are unable to reside with their partner for reasons beyond their control) are not included in the definition of family member, which differs from other Canadian immigration policies such as sponsorship applications.

The meaning of extended family members incorporates a broader definition which includes those who are in an ‘exclusive dating relationship’ with a Canadian Citizen, a permanent resident or person registered under Canada’s Indian Act. Additionally, extended family members of Canadian citizens, a permanent resident or persons with registered status may include non-dependent children, grandchildren, siblings, half-siblings, or stepsiblings, and grandparents. For those related to the spouse or common law partner of a Canadian citizen, permanent resident, or individual with status, travel exemptions may apply to adult children, grandchildren, siblings, half-siblings, stepsiblings, and grandparents. Finally, the dependent child, adult child, and grandchild of a person in an exclusive dating relationship with a Canadian citizen, a permanent resident and a person registered under the Indian Act also fall under the extended family member category.

IRCC defines an exclusive dating relationship as a romantic relationship:

• between heterosexual, or same sex partners;

• between parties who are both 18 years of age or older;

• of at least 1 year in duration; and

• between parties who have spent some physical time in the presence of one another during the relationship.

Further, specific examples have been provided to elaborate on the definition of an exclusive dating relationship, which includes fiancé(e)s, committed romantic partners of at least 1 year who have lived together but don’t meet the definition of common-law, and boyfriends, girlfriends, or any other couples in an intimate, loving relationship. Given the requirement that the parties have spent some physical time in the presence of one another, this seems to exclude those in solely online relationships from the definition of extended family member.

Procedure for Uniting with Immediate Family of a Canadian Citizen, Permanent Resident, or Person Registered Under Canada’s Indian Act

Immediate family members are not subject to the requirement to receive written authorization to travel to Canada but must be prepared to evidence three eligibility requirements for travel when entering Canada at a port of entry or upon boarding a flight to Canada. These elements include proof of an immediate family relationship, copies of original government documents showing that the immediate family member in Canada is a Canadian citizen, permanent resident, or has status under the Indian Act, and evidence of travel for 15 or more days.

Based on the type of family relationship being claimed, immediate family members may rely on documentary evidence such as a marriage certificate or birth certificate.  For those falling under the common-law category, travelers will need to provide evidence which speaks to their cohabitation for at least one year. Proof of cohabitation must demonstrate that the traveler has resided with the Canadian citizen or permanent resident for at least one year before traveling to Canada and will ideally include a shared lease agreement or joint ownership of residential property. Alternately, various supporting documentation which highlights the parties sharing an address could equally support a claim of common law status. These different modes could include proof of joint utility accounts, insurance documents showing that both parties have been declared as residents of the same address, copies of government issued identification showing the same address, or other documents with the same address for both parties such as pay statements, tax forms, bank or credit card statements, or cellphone bills. Common law travelers may wish to prepare a packet containing several types of evidence demonstrating cohabitation, so that they may have greater peace of mind when traveling. It is also advisable that the immediate family member in Canada is available to be contacted upon the traveler arriving at the airport or port or entry, should verification of the relationship be required.

Documentation proving the immediate family member in Canada’s status as a Canadian citizen, permanent resident or person registered under the Indian Act might include a Canadian passport, citizenship card, provincial/territorial birth certificate, certificate of Indian status, a Canadian permanent resident card or permanent resident travel document.

Across both the travel exemption categories for immediate or extended family members traveling to Canada, is the requirement that travelers plan to remain in Canada for 15 days or more, thus allowing for the 14-day quarantine period to be met. Travelers must provide documentation which highlights their travel plans of 15 days or more, where evidence of length of stay in Canada could include a return ticket following 15 or more days spent in Canada, or documents showing a significant, scheduled commitment such as a wedding or funeral after the quarantine period.

Procedure for Uniting with Extended Family of a Canadian Citizen, Permanent Resident, or Person Registered Under Canada’s Indian Act

For extended family, written authorization must be acquired from IRCC prior to traveling to Canada. This authorization is obtained by emailing a complete application form, and including accompanying supporting documentation to IRCC’s posted travel exemption email at: IRCC.COVID-TravelExemptions-Exemptionsdevoyage-COVID.IRCC@cic.gc.ca. Once a complete application is received, posted processing times indicate that written authorization will be received within 14 business days, however applicants should be prepared for possible delays in processing. Therefore, no immediate travel plans should be made until written authorization to enter Canada is received. Written authorization is only valid for a period of 6 months, so should not be applied for prior to 6 months of the intended travel date.

The submitted application for written authorization should be sent in a single email, which includes the following:

• Information regarding the applicant including their full name, date of birth, passport number, detailed reason for travel, dates of planned travel, and current country of residence.

• The completed and sworn Application for Authorization and Statutory Declaration (IMM 0006), which is signed by both the Canadian resident and foreign national, and which attests the extended family relationship.

• Proof of the extended family member in Canada’s status as a Canadian citizen, permanent resident, or person registered under Canada’s Indian Act such as a Canadian birth certificate passport, certificate of Indian status, a TCRD, or permanent resident card or travel document.

• Proof of the relationship between the traveler and resident in Canada. For those evidencing an exclusive dating relationship, documentation could include email correspondence, social media evidence, proof of financial support, photographs, or testimonials from friends and family regarding the duration and nature of the relationship. As the aim is to document a romantic relationship of 1 year or more, applicants should attempt to provide a range of supporting documentation which spans the duration of the relationship. Although proof of the relationship is not requested by IRCC in posted instructions, applicants may wish to include this additional documentation to ensure that no delays are met in the processing of their request.

• As with applicants under the immediate family member category, proof of travel for a duration of 15 or more days should also be provided.

Upon receiving authorization, applicants may prepare to travel to Canada. Travelers should bring a copy of their written authorization, completed and sworn Application for Authorization and Statutory Declaration, as well as a copy of other supporting documents submitted with their request when they travel.

Procedure for Uniting with an Immediate Family Member of a Temporary Resident in Canada

At present, only immediate family members may be exempt from travel restrictions to be reunited with temporary residents in Canada. Authorization procedures to enter Canada to be reunited with immediate family who are in the country as temporary residents, such as foreign workers, students, or visitors, will differ based on whether the individual coming to Canada will be traveling from the United States or elsewhere.

Immediate family traveling from the United States may travel to Canada without need for written authorization, so long as they are able to provide evidence that they will be traveling for a non-discretionary reason, for example, to reside with their immediate family member in Canada. Similar to parties wishing to be reunited with immediate family members who are Canadian citizens, permanent residents, or hold status under the Indian Act, travelers should ensure that they bring proof of their relationship and proof of the temporary status of the immediate family member in Canada with them when entering the country.

Those traveling from anywhere other than the United States to be with a temporary resident of Canada will be required to submit a request for written authorization. These immediate family members should follow the same procedure for submitting a request via email as extended family members requesting authorization. Upon traveling, visiting family members must be prepared to show their completed Application for Authorization and Statutory Declaration (IMM 006), written authorization from IRCC, evidence of an immediate family relationship, status documentation demonstrating the valid temporary residence of the family member being visited in Canada (such as a copy of a work permit, visitor visa, visitor record, or study permit), and travel plans for a duration of 15 or more days.

What Else Should I Know Pre-Travel?

The above does not eliminate the need to complete country specific entry requirements. Parties wishing to travel at this time should be aware of additional temporary resident visa and electronic travel authorization (eTA) requirements dependent on their country of citizenship.  For details regarding specific COVID application procedures for Visitor Visa and eTA’s, please see the following:

•  Visitor Visa Applicants - https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/visa.html

• eTA Applicants - https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/visa.html

As the Government of Canada has implemented an Emergency Order under the Quarantine Act that requires individuals traveling to Canada to self isolate for 14 days, even where asymptomatic, parties should be prepared to speak to their quarantine plans at a port of entry. Although specific to the individual traveler, individuals should be aware that they may need to address:

• How they will travel to their final destination;

• How many people will be present at the household where they will be isolating, and how they will isolate from others in that household;

• Whether the household is adequately setup with supplies which will be readily available during the 14-day isolation period;

• Arrangements made for groceries, medicine, and other essentials; and

• How they will financially support themselves during the isolation period. 

Beginning on November 21, 2020, all those flying to Canada as a final destination must submit details of their travel and contact information, quarantine plan, and a self assessment of COVID-19 symptoms through the ArriveCAN application or by signing in to ArriveCAN online (https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html). Air travelers must submit their specifics prior to boarding a flight to Canada. Those traveling to Canada by air or sea are also strongly advised to complete the ArriveCAN reporting process in order to expedite time spent at the boarder. Upon arriving in Canada, travelers must complete a daily report throughout their 14-day quarantine and may do so through ArriveCAN or by calling 1-833-641-0343.

If you would like to speak to an immigration lawyer regarding further instructions for traveling to Canada, or require assistance in applying for written authorization so that a family member may come to Canada, please contact Veall Immigration Law for knowledgeable guidance on your immigration concerns.