Canada Immigration Update
 

Unvaccinated foreign nationals in Canada - Travel Restrictions (arrival and departure)  

Since November 30, 2021, travelers to Canada have been required to be fully vaccinated, with only a few exceptions for essential workers and a few other categories. Starting on January 15, 2022, previously exempt travelers will be required to be vaccinated as most exemptions are ending. The groups previously exempt from the requirement to be vaccinated to travel to Canada, who are now required to be vaccinated include those seeking to reunite with family, international students, professional athletes, foreign workers (other than agricultural or food processing), and most essential service providers.

The Government has announced a list of exemptions for unvaccinated or partially vaccinated travelers to enter Canada. This list includes agricultural and food processing workers, foreign marine crew members, those entering on compassionate grounds, new permanent residents and newly resettled refugees, children under 18 who are currently exempt, and national interest exemptions. There are also specific rules for children under 12 traveling with adults. The Government will enact testing and quarantine requirements for eligible unvaccinated individuals arriving in Canada.

The Government has announced a list of exemptions for unvaccinated or partially vaccinated travelers to enter Canada. This list includes agricultural and food processing workers, foreign marine crew members, those entering on compassionate grounds, new permanent residents and newly resettled refugees, children under 18 who are currently exempt, and national interest exemptions. There are also specific rules for children under 12 traveling with adults. The Government will enact testing and quarantine requirements for eligible unvaccinated individuals arriving in Canada.

On February 28, 2022, unvaccinated or partially vaccinated foreign nationals will no longer be permitted to depart Canada by plane or train. It is important to note that for foreign nationals wishing to leave Canada, the U.S. has vaccination requirements for most non-essential travelers to that country who are not U.S. citizens or Permanent Residents. We encourage anyone in this group to plan for their employees and families. It is also essential to be aware of the requirements of individual airlines concerning boarding passengers with various vaccination statuses.

To read more: https://www.canada.ca/en/public-health/news/2021/11/adjustments-to-canadas-border-and-travel-measures.html

https://travel.gc.ca/travel-covid/travel-restrictions/flying-canada-checklist/covid-19-testing-travellers-coming-into-canada

Canada pauses, and then re-imposes vaccination requirement for Canadian truck drivers

It was originally planned that truck drivers would be included in the travel restrictions for the unvaccinated that come into effect on January 15, 2022. After consultation with industry stakeholders, the government announced that the requirement would be paused with respect to truck drivers. This decision has now been reversed and truck drivers in the requirements come into effect on January 15, 2022 along with other previously-exempt groups of travelers.

To read more: https://www.cbc.ca/news/politics/canada-truckers-vaccine-reversal-1.6313200

Waiver of Interviews through 2022 for certain visa categories

On December 23, 2021, the Secretary of State and the Department of Homeland Security, announced that consular officers are authorized to waive the in-person interview requirement for certain temporary employment non-immigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services (USCIS).

This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P and Q visas who meet certain conditions, including that they are applying for a visa in their country of nationality or residence. Consular officers have discretion to waive visa interview requirements for individual petition-based applicant in these categories who were previously issued any type of visa, and who have not been refused a visa (unless the refusal was overcome or a waiver issued), and who have no apparent or potential ineligibility. Also eligible for a visa waiver are individual petition-based applicants for the same visa categories who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP) provided they have no apparent or potential ineligibility and have previously traveled to the U.S. using an ESTA. 

In addition, the Secretary extended previously approved policies to waive the visa interview for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022. Those eligible for the visa waiver because of their citizenship from a Visa Waiver Program country must have previously traveled to the U.S. using an ESTA. 

The previous authority allowing for waiver of interview of certain H-2 (temporary agricultural and non-agricultural workers) applicants has also been extended through the end of 2022.  Applicants renewing any visa within 48 months of expiration are also eligible for interview waiver.


To read more: https://www.state.gov/expanded-interview-waivers-for-certain-nonimmigrant-visa-applicants/