If distance makes the heart grow fonder, the unyielding gulf imposed by COVID-19-related travel restrictions at the Canada-U.S. border is compounding the heartache for those with the strongest of bonds \u2013 families and couples.<\/p>
Although there are some exceptions to the general law that prohibits travel to Canada from the U.S. for a discretionary or optional purpose, some relationships \u2013 adult children of Canadians, or a non-Canadian long-distance lover \u2013 don\u2019t qualify for entry under an exception for an \u201cimmediate family member\u201d of a Canadian. For now, this means many committed couples and family members eager to reunite are forced to remain separated, a reality likely made more difficult without knowing when the restrictions will be lifted.<\/p>
After COVID-19 started seeping into Canada and spreading through communities, Canada introduced laws prohibiting most non-Canadian travellers from entering the country in March 2020. It was a move prompted by an urgent priority to halt and control the spread of COVID-19 in Canada, itself exacerbated by travel.<\/p>
A general prohibition on entry into Canada still stands. Enacted by way of Orders-in-Council (legal instruments used by the Cabinet), as authorized under the Quarantine Act<\/em>, the current law affecting travel from the U.S. states that foreign nationals (those who are not Canadian citizens or who do not have permanent residence status in Canada)are prohibited from entering Canada in key scenarios, including where a foreign national has or is believed to have symptoms of COVID-19.<\/p> According to the most recent Order-in-Council from June 29, 2020, another restriction continues to ban foreign nationals from entering Canada from the U.S. \u201cif they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.\u201d<\/p> However, there is an exception to this ban on non-essential travel: the exception applies to a specific category of people whom the government considers to be an \u201cimmediate family member\u201d of a Canadian citizen or permanent resident. Travellers wishing to enter Canada using this exception must also satisfy a border officer that the intend to cross the border to be with their Canadian family member and can demonstrate their intent to stay in Canada for at least 15 days.<\/p> The definition of \u201cimmediate family member\u201d is causing headaches and heartbreaks for family members not included in this category. The problem many loved ones face is that an \u201cimmediate family member\u201d is a specific legal term that captures only the relationships as defined in the law. Its potentially broader, more modern or colloquial meaning regarding who makes up a person\u2019s immediate family has no legal force.<\/p> According to the applicable law, an immediate family member of a Canadian citizen or permanent resident is defined as follows:<\/p> Although the restrictions have eased somewhat \u2013 some categories of relationships continue to be left out.<\/p> News outlets including the CBC and CTV have recently brought public attention to the types of relationships that are not covered by the specific immediate family exception. The following relationships are among those that remain excluded by the current rules:<\/p> These excluded relationships also capture engaged, committed and long-term couples who do not qualify as common-law partners. It also means a non-Canadian adult living in the U.S. who has a sick, elderly parent in Canada is not eligible for an exception to the general ban on discretionary travel through the immediate family member exception. The key barrier in this scenario would be the focused definition of a \u201cdependent child\u201d under the law.<\/p> Another complication that ensnares travellers hoping to reunite is the evidentiary burden and discretion at the border: Immigration, Refugees and Citizenship Canada (IRCC) instructions available online encourage travellers to provide documentary proof that they meet the \u201cimmediate family member\u201d criteria. This means they must establish Canadian citizenship or permanent resident status of their loved one and satisfy the legal definition of the claimed relationship creating the \u201cimmediate family member\u201d status.<\/p> This problem is highlighted with couples who are in the common-law relationship. This category captures those in a genuine relationship who have lived together for at least one year as though they were married. Proving common-law status is not simple to prove and frequently individuals are unable to provide proof of the relationship.<\/p>","protected":false},"excerpt":{"rendered":" If distance makes the heart grow fonder, the unyielding gulf imposed by COVID-19-related travel restrictions at the Canada-U.S. border is compounding the heartache for those with the strongest of bonds \u2013 families and couples. Although there are some exceptions to the general law that prohibits travel to Canada from the U.S. for a discretionary or …<\/p>\nWho is an \u2018immediate family member\u2019?<\/strong><\/h3>
(Mere) lovers in a dangerous time not enough to earn exemption<\/strong><\/h3>
Proof at border remains tricky hurdle<\/strong><\/h3>