Coronavirus (COVID-19): Key Changes to Canadian Immigration Procedures

As information about the Government of Canada’s response to COVID-19 rapidly changes, dRN Law LLP is committed to providing the most recent information in our posts. However, some of the information in this post may have changed after publication. For the latest information on immigration procedures in light of the COVID-19 pandemic, readers are encouraged to stay up to date with the latest information published on the Immigration, Refugees and Citizenship Canada website. 

The Canadian Government has made numerous patchwork changes to immigration procedures in light of the COVID-19 pandemic. We recognize the anxieties associated with the current situation so have consolidated a list of the key changes below.

1. Travel Ban: All foreign nationals will be denied entry to Canada from March 18, 2020 until further notice. This travel ban excludes Canadian citizens, permanent residents, and their close family members. We are hopeful that the Canadian Government will provide more guidance for those who hold valid study and work permits and who are currently overseas shortly.
   
   
2. Canada-US Border Closure: Canada and the United States of America have agreed to temporarily restrict all non-essential travel across the border of both countries until further notice. Those who need to travel for “essential work” or “urgent reasons” should not be impacted. However, it is not currently clear what falls within the definition of “essential work” or “urgent reasons” or when these restrictions will come into effect.
   
   
3. Processing Delays: All applications currently in process at Immigration, Refugees and Citizenship Canada (“IRCC”) offices abroad, at Case Processing Centres, and within the Domestic Network will continue to be processed. However, some offices are operating with essential staff only. Therefore, applicants can expect processing delays.
   
   
4. Document Requests for Temporary Residence Applications: IRCC will continue to request any required documents necessary for processing applications. Such documents may include police certificates, biometrics, passports, and medical examinations. It also includes documents that must be issued by Chinese, Iranian, or South Korean authorities. IRCC has stated that applicants will automatically receive a 90 day extension to provide the requested documents and no application in process will be closed or refused due to a lack of documentation. If you are unable to provide a document requested within the deadline, you should use the web form to advise IRCC accordingly.
   
   
5. Biometrics: Service Canada has suspended all biometrics collection services until further notice. If you have an appointment scheduled to provide your biometrics at a visa application centre (“VAC”) or a United States Application Support Centre (“ASC”), you should contact the VAC or ASC directly to confirm your appointment. IRCC is automatically extending the deadline for applicants to provide their biometrics from 30 days to 90 days and is not issuing new biometrics instruction letters.
   
   
6. Withdrawing Temporary Residence Applications: If you are affected by the travel ban and you want to withdraw your temporary residence application, you can do so by using the web form. IRCC has stated that it will provide applicants with a full refund of the processing fees if the application is withdrawn within 24 hours of filing and processing of the application has not yet commenced.
   
   
7. Permanent Residence Applications: IRCC is still accepting permanent residence applications. If have received an invitation to apply for permanent residence via the Express Entry System, you are still required to file your electronic application for permanent residence ("e-APR") within 60 days of receiving your invitation. If you are unable to provide all of the documents required for the completeness check within the deadline due to service disruptions as a result of COVID-19, you should upload a letter with your e-APR explaining same. IRCC should then retain your application and review it in 90 days. If an application is found to be incomplete with no explanation provided or for reasons unrelated to the disruption of services as a result of COVID-19, it may be rejected for incompleteness.
   
   
8. Confirmation of Permanent Residence: If you have received your Confirmation of Permanent Residence (“COPR”) but you haven’t been able to, or won’t be able to, travel to Canada within the validity of the document, you should use the web form to advise IRCC accordingly. 
   
   
9. Landing Interviews: All in-person landing interviews scheduled between March 16, 2020 and April 13, 2020 have been cancelled. If you have an in-person landing interview scheduled during this period, it will be held by telephone and you should receive an e-mail from IRCC confirming same.
   
   
10. Citizenship Applications: If you are required to submit documents in support of your citizenship application and you have recently returned from an affected country, you can use the web form to request an extension of 30 days to submit most required documents and 45 days for medical opinion forms. However, extra days spent in affected countries due to travel restrictions relating to COVID-19 will not count as days in Canada. Applicants must still meet the physical presence requirement for citizenship applications.
    
    
11. Citizenship Ceremonies and Tests: IRCC has cancelled all citizenship ceremonies and tests from March 14, 2020 until further notice.
    
    
12. Refugee Claims: IRCC Offices will not be receiving refugee claims, interviewing refugee claimants, or processing Refugee Protection Claimant Document (“RPCD”) renewals in person until April 13, 2020. All eligibility interviews have been cancelled and those affected should have received notice of same.
    
    
13. IRB Offices: The Immigration and Refugee Board (“IRB”) has closed all front offices from March 18, 2020 until further notice. The IRB will no longer be accepting in-person / hand-delivered correspondence. However, the IRB has stated that all correspondence received by mail, fax, email, or epost will be actioned before hearings resume.
    
    
14. Basis of Claims: The IRB has temporarily extended time limits for filing a Basis of Claim. If your time limit for filing a Basis of Claim falls between February 15, 2020 and April 15, 2020 (inclusive), the deadline is extended to May 30, 2020.
    
    
15. Refugee Hearings: All refugee claims scheduled to be heard between March 17, 2020 and April 5, 2020 have been postponed. The IRB will contact those affected to reschedule their hearing in due course.
    
    
16. Refugee Appeals: The Refugee Appeal Division (“RAD”) has temporarily extended time limits for filing a notice of appeal and perfecting an appeal. If your time limit for filing a notice of appeal or perfecting an appeal falls between January 1, 2020 and April 15, 2020 (inclusive), the deadline is extended to May 30, 2020.
    
    
17. Immigration Appeals: All in-person hearings and mediations, other than detention reviews, are postponed until further notice.
    
    
18. Precautionary Measures for Detention Reviews: The Immigration Division is taking steps to reduce the risk of exposure to COVID-19 at detention hearing sites by minimizing the transportation of detained individuals to IRB premises, implementing screening procedures at hearing sites, and establishing means for parties to participate in hearings remotely should they wish to do so.
    
    
19. Federal Court: The Federal Court of Appeal is adjourning all hearings scheduled to be heard between March 17, 2020 and April 17, 2020, including hearings that were scheduled to be heard by teleconference, with the exception of urgent matters and matters that need to proceed as previously scheduled for exceptional reasons. The Federal Court will determine what constitutes “urgent” and “exceptional” on a case-by-case basis. For example, applications for a stay of release from detention or for a stay of removal from Canada will be considered “urgent” if the release or removal is scheduled to occur between March 17, 2020 and April 17, 2020.
    
    
20. Federal Court of Appeal: The Federal Court of Appeal is adjourning all hearings scheduled to be heard between March 17, 2020 and April 17, 2020 with the exception of urgent matters that will be heard by teleconference. All filing deadlines continue to apply although parties can request an extension of time for deadlines if they are unable to meet the deadlines in light of the current circumstances. The Registry will continue to receive court filings. However, the Registry is operating with significantly reduced staff. Therefore, a decreased level of service is to be expected.

dRN Law LLP has taken special measures to ensure the continuity of our services. Whilst our firm has suspended all in-person consultations until further notice, we are available for virtual consultations using various platforms, including Whatsapp and Skype. If you would like to schedule a consultation with one of our lawyers, please contact us on (403) 407-2733 or at info@drnlaw.ca.