COVID-19 and its impact on Canadian Immigration

The World Health Organisation (WHO) has declared the new coronavirus a pandemic as health authorities around the globe continue to scramble to contain the sickness, first detected in the central Chinese city of Wuhan in December last year. Coronavirus, which causes a respiratory illness called COVID-19, has spread to at least 116 countries and territories on six continents, infecting more than 118,000 people and killing more than 4,200. The vast majority of infections and deaths have occurred in mainland China, where authorities placed a region of 60 million people under lockdown to contain the pathogen. The most up to date global stats on coronavirus indicate that the infection has been spreading, with new cases being detected on a daily basis.

COVID-19 Map

Coronavirus in Canada and North America

COVID-19 in Canada as of March 12, 2020.

In Canada, 109 cases of cOVID-19 have been confirmed, and the authorities are estimating that this will increase in the next few days. Federal Health Minister Patty Hajdu stated that between 30 per cent and 70 per cent of Canadians could become infected with the new coronavirus that causes COVID-19. With no cure in sight, and the public health infrastructure under immense pressure as the cases sore, Prime minister Trudeau announces $1B coronavirus response fund for provinces and territories. The plan includes $500 million for the provinces and territories, including money for things like buying medical gear such as face masks. That also includes money for public education, surveillance and monitoring, and access to testing.  Another $275 million will go to medical research, including funding for a finding a vaccine and launching clinical trials. That’s on top of the $27 million in research funding announced earlier in the week. As part of the program, the one-week waiting period to apply for employment insurance will be waived.

The situation in the US is even more alarming, where the US authorities have been lax in sending testing kits and putting measures in place to detect and stop the spread of coronavirus. In a recent data analysis, US is one week behind Italy, and in the next few days, it is anticipated that the number of infections will match that in Italy or surpass it.

 

 

COVID-19 in the US

 

 Impact on Canadian Immigration

With many Provinces asking employers to allow employees to work from home, and with estimates that COVID-19 will impact 1/5th working population, this will definitely have its impact on immigration processing, as well as new immigrants entering Canada. The most immediate effect in the next few days, if the trend continues and the new cases keep piling up would be a slow down in the processing of the immigration applications in Canada and other overseas IRCC offices. Provinces may also not issue new nominations or postpone the nominations, based on how the situation plays out.

IRCC issued bulletin 669 on February 7, 2020, which was modified on February 26, 2020. As per the bulletin the following is the available information. As and when this bulletin is updated, or a new one issued, it will be updated here.

1. Procedures for citizenship and immigration applications in progress

Office closures

IRCC offices in China and Hong Kong are currently operating with essential staff only. All visa application centres (VACs) in China are closed until further notice. Information regarding re-opening dates will be provided once known. The VAC in Hong Kong and the VAC Contact Centre for China are open and operating with normal business hours.

IRCC visa offices in other affected countries are currently operating normally.

General processing measures – Centralized, Domestic and International Networks

Applications will not be refused for non-compliance, and all applications currently in progress at IRCC offices abroad, at case processing centres and within the Domestic Network will continue to be processed but may experience delays.

At this time, no significant expedited processing requirement is foreseen; therefore, these instructions do not include specific measures for expedited processing. That said, the decision to expedite an application due to special circumstances remains at the discretion of the Migration Program manager of the responsible IRCC office and the manager of the responsible processing office in Canada. Urgent applications for temporary residence are to be actioned by IRCC offices in China, Hong Kong, Ankara and Manila (processing office for South Korea).

Requests for additional documents on open applications

Until further notice, offices may continue to request any additional documents necessary for processing to continue in relation to all citizenship and immigration applications, including police certificates, biometrics, passports, medical examinations and any documents that must be issued by Chinese, Iranian or South Korean authorities, as follows:

  • When additional documentation is required to make a decision on the application, processing officers should send a request letter and allow 90 days for the applicant to respond.
  • If a request for additional documentation was previously sent but the applicant was unable to comply within the deadline, processing officers should bring forward the application and allow an additional 90 days for the applicant to respond.
  • Please note that the biometric instruction letter (BIL) cannot be amended and will continue to advise applicants that they have 30 days from the date of the letter to give their biometrics. Officers should still allow 90 days for the applicant to provide their biometrics, despite the 30-day timeline identified in the BIL.

2. TEMPORARY RESIDENTS – visitors, workers and international students

For International Network

Due to the VAC closures in China, applicants will be unable to provide their biometrics or to submit their original travel document for visa issuance through the VAC; however, applicants in China may still submit online applications only. Applicants with temporary residence applications in progress may contact the VAC Contact Centre for additional details, by phone at +86 4000 88 66 37.

Due to travel bans from neighbouring countries, Iranian citizens may be unable to access VACs or IRCC offices to submit biometrics, attend interviews, do medical examinations, etc. However, applicants in Iran may still submit online applications only.

Applicants in South Korea may experience delays in obtaining immigration medical examinations (IMEs), as many panel physicians in the region are not open to clients at this time. Officers should continue to send IME requests and bring them forward for 90 days. If an IME was requested and not received, officers should bring it forward for an additional 90 days.

Urgent travel

CHINA:

Temporary residence applicants in China who have an urgent travel request are asked to submit an online application and then flag the application to IRCC Beijing for urgent processing at [email protected]. These applications will be addressed on a case-by-case basis at the discretion of the migration officer.

IRAN:

Temporary residence applicants in Iran who have an urgent travel request are asked to submit an online application and then flag the application to IRCC using the web form for urgent processing. Clients should select “No” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then complete the enquiry form.

SOUTH KOREA:

Temporary resident applicants in South Korea who have an urgent travel request are asked to submit an online application and then flag the application to IRCC using the web form for urgent processing. Clients should select “No” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then complete the enquiry form.

Migration program managers have the delegation to waive biometrics overseas for urgent or humanitarian and compassionate reasons if and when deemed necessary.

Withdrawal of temporary residence applications: If an applicant wishes to withdraw their temporary residence application and is residing in an area where travel restrictions are imposed, regular processes for withdrawal requests should be followed.

3. PERMANENT RESIDENTS

Permanent resident travel documents

CHINA:

Permanent residents who may require a permanent resident travel document to return to Canada should contact the VAC Contact Centre for additional instructions. Applicants requesting urgent travel outside of China should be directed to contact IRCC Beijing in exceptional cases only (email). Permanent residents are being asked to submit their PRTD applications directly to the embassy by commercial courier.

IRAN:

Permanent residents who may require a PRTD to return to Canada should contact IRCC via the web form. Clients outside Canada should select “Yes” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then select “Turkey – Ankara” as the visa office processing their application. Applicants requesting urgent travel outside of Iran should be directed to contact IRCC Ankara in exceptional cases only (email). Permanent residents are being asked to submit applications directly to the embassy by courier.

SOUTH KOREA:

Permanent residents who may require a PRTD to return to Canada should contact IRCC via the web form. Clients outside Canada should select “Yes” in response to the question, “Is your application being processed by an office OUTSIDE Canada?” and then select “Philippines – Manila” as the visa office processing their application. Applicants requesting urgent travel outside of South Korea should be directed to contact IRCC Manila in exceptional cases only (email). Permanent residents are being asked to submit applications directly to the embassy by courier.

Approved permanent residence applications (COPR and PRV):

Permanent residence applicants who are in possession of a confirmation of permanent residence (COPR) and permanent resident visa (PRV) and inform us, by submitting a web form to IRCC, that they are unable to travel within the validity of their documentation should be processed as follows:

  • Valid COPR and PRV:

In an effort to reduce the number of cancelled COPRs and PRVs, a note should be placed in the file explaining that the applicant is unable to travel, and the file should be brought forward to the expiration date of the COPR and PRV. If the applicant informs IRCC that they can travel prior to the COPR and PRV expiration, they are encouraged to use their existing COPR and PRV to land.

  • Expired COPR and PRV:

If the applicant informs IRCC via the web form that they were unable to travel after the expiration of their COPR and PRV, or if they were unable to travel prior to expiration, officers are to re-open the application, and it should be brought forward for review in 90 days.

  • When to review a re-opened application:

Once the applicant informs IRCC via the web form that they are able to travel, a re-opened application may be re-approved provided that the applicant and their family members, whether accompanying or not, have valid immigration medical examinations, criminal and security checks and passports.

If the 60-day waiting period elapses and the applicant has not informed us that they are able to travel, a note should be placed in the application, and it should be brought forward for review for an additional 60 days

Medical examinations (applies to applicants residing in China only)

All permanent residence applicants must have valid immigration medical examination (IME) results in order for officers to finalize an application. A complete list of panel physicians in China is available on the IRCC website. Should the IMEs be expired by the time the applicant and their family are ready to travel, new IMEs (or a reassessment of the IMEs, if possible) will be required prior to finalization. Do not request a new IME until the applicant indicates that they are ready to travel.

The Migration Health Branch will continuously identify all applications where the applicant is residing in China and their medical results will expire in the coming 4 to 8 weeks. Identified applications with an original M1 or M3 decision will be proactively reassessed for an additional 6 months.

Any applicants whose medical results have been reassessed but who do not travel to Canada within the new 6-month validity will require a new IME.

IRCC offices abroad and case processing centres within the Domestic Network should remain flexible in providing extensions for getting medical examinations where feasible and until further notice. These instructions will be updated as the situation evolves.

Permanent residence applications with current medical results that are valid for more than 6 months may be finalized, and the COPR may be issued, if possible.

For Centralized and Domestic Networks only

Permanent residence application intake: Intake of new permanent residence applications will continue. Files that are incomplete due to unavailable documents will be retained in the system and reviewed in 90 days.

New, complete permanent residence applications under section 10 of the Immigration and Refugee Protection Regulations (IRPR) will be processed as per normal procedures.

If a new application is missing supporting documentation (associated fees are required), the applicant should include an explanation with their application that they are affected by the service disruptions as a result of the novel coronavirus. The application may then be promoted and reviewed in 90 days. New applications should be promoted in the order they were received, and the org ID should be associated with them when the applicant self-identifies. If the application is still incomplete in 60 days, officers should request the missing documents with an additional 90-day deadline.

Applications found to be incomplete with no explanation provided, or for reasons unrelated to the disruption of services associated with impacts of the novel coronavirus, may be rejected as per section R10, and all fees associated with the application should be refunded to the applicant. The reason for rejection should be unrelated to the disruption of services.

Offices in the Centralized and Domestic Networks will continue to process permanent residence applications where the principal applicant is in Canada and has overseas dependants in China, Iran or South Korea, taking into account the delays that may occur. The principal applicant should not be granted permanent residence if their overseas dependants cannot travel. Clients will be contacted to ascertain next steps once travel is possible again.

4. CITIZENSHIP APPLICANTS

Procedures for citizenship applicants who have missed events such as knowledge tests, retests, interviews, hearings or oath ceremonies: Officers are directed to reschedule events once IRCC has been notified that the clients have returned to Canada. The responsible office should ensure that they are rescheduled within a reasonable timeframe so as to not delay processing times. They will be sent a new notice to appear, and it will be treated as their first notice.

Document requests: Officers are required to provide applicants with an additional 30 days to send documents to IRCC once applicants have notified the local office that they have returned from China, Iran or South Korea.

Request for Medical Opinion forms: Officers will provide applicants an additional 45 days upon their return to Canada to comply.

Permanent residents applying for citizenship upon return from China, Iran or South Korea: Extra days spent in China, Iran or South Korea due to the virus shall not count as days in Canada. Applicants must meet the physical presence requirements as per normal procedure.

Procedures for temporary residents in Canada who are unable to depart Canada due to travel restrictions or other circumstances related to impacts of the novel coronavirus

There is no fee waiver for any temporary residence applications or extensions. Foreign nationals who are in Canada and whose temporary resident status may soon expire may apply for an extension so that they may maintain their temporary resident status in Canada. As per current guidelines, applicants must apply online and must meet all requirements, including associated fees.

Foreign nationals who have an extension application currently in progress will benefit from implied status and may remain in Canada until a decision is rendered on their application; therefore, expedited processing is not required.

Restoration: Foreign nationals whose temporary resident status has expired may apply for restoration. They must pay the associated fee.

If the applicant is eligible for restoration

The officer proceeds with the assessment of the application (medical results, bona fides, etc.).

If all other requirements are met, the officer issues a visitor record (or appropriate permit) outlining the conditions for the restoration of status. The document is mailed to the client.

If the applicant is not eligible for restoration

The Minister’s delegate decides on a disposition for the case. The following options are available:

  • refer the case to an admissibility hearing

  • issue a departure order

  • allow the foreign national to remain

The processing slowdown will be directly proportional with the number of IRCC /Provincial employees going on leave, being infected with the coronavirus or IRCC changing its priorities. Another area which will be impacted would be for the new immigrants moving to Canada. Canada has not yet imposed any ban on flights coming into Canada, even though the screening at the airports and land border crossings remains in place. However, the new immigrants should be aware that most provinces doe not provide medical coverage for the first three months upon entering Canada. The importance of private health insurance cannot be emphasised enough. If you are looking at getting an interim health insurance, GET GCMS has teamed with a few insurance brokers in GTA and would be happy to assist you in getting an interim health insurance. To get a quote, please use the contact formIn the form please provide the names and date of birth of all individuals for whom you wish to obtain interim health insurance. Also, provide a tentative date when you wish the policy to take effect. Based on this information, we will send you quotes that you can select. All terms and conditions of the policy as well frequently asked questions will be answered.

Another aspect to keep in mind is that this pandemic will have a big impact on the economy. This will make it difficult for new immigrants to find jobs, through it will depend on your education, experience and other factors. If you have been issued a COPR, but your country has imposed a ban on any flights entering or departing, you can request IRCC to extend your PR visa duration. As of writing this post, IRCC has not issued any guidelines on this aspect. As and when any updates are available, we will post them on our Facebook page and also write another post if required, or update this one.

If you have been issued a temporary resident visa (TRV), which includes student permits, summer work visas, visitors visas, they will all stay in place until IRCC issues any directions or instructions on it. We are actively keeping a watch on all circulars and press releases from IRCC. The schools and universities remain open in all provinces as of writing this email.

This situation is an unexpected and unprecedented one. Please do your bit, irrespective where you are in the globe. The Government of Canada had consolidated all information, precautions and answered many questions about coronavirus on its official website. This website will be updated regularly. Since health care is a Provincial subject, each province has also compiled data on coronavirus and the respective provincial websites provide this information, which is available below:

British Columbia

Ontario

Alberta

Quebec

Manitoba

Saskatchewan

Nova Scotia

New Brunswick

Newfoundland & Labrador

Prince Edward Island

Please do not spread rumours, and if you experience any symptoms, please visit your doctor or the nearest medical facility.