@CitImmCanada used to have 2 online systems for submitting electronic applications: MyCIC for individuals and the Rep Portal for representatives (lawyers/consultants). This was in addition to some specific portals, for example for employers and universities. But the bulk of immigration applications would be submitted through those 2 main portals. They are glitchy and cumbersome but at least they are interactive and a one-stop shop for your electronic immigration processes.

Since the spring of 2021, there are now at least 7 new online portals for different types of immigration applications – and more on the way.

Here are the new ones:

 TR2PR

Citizenship

Visitor Visa

PR

RepCICPR

COPR

Refugee Claims

In addition to the original ones:

MyCIC

RepPortal

Payment Portal

Physical Presence Calculator

Employer Portal

Partner Portal

DLI Portal

Provinces and Territories Portal

Although they look similar, each new online portal is completely separate: they all have different account creation and login processes; most are for individuals, one is for representatives. Some are static checklists that you submit your application in and don’t show any active status or progress. Other are conduits with progress bars that enable communications to and from @CitImmCanada. Sometimes – but not all the time – you can link your application from these platforms into the original MyCIC or Rep Portal. Sometimes – but not all the time – you will receive an AOR (Acknowledgment of Receipt) after submitting an application in one of the new portals. If they do come, email notifications mostly say “there is a message in your portal”, with no indication which portal it is referring to. Sometimes you will create an account and submit an application then one day your login stops working, your access disappears and there is no technical support for the new portals and no way to communicate that issue to @CitImmCanada. You ask yourself the existential question: if the login disappears, does the application that was submitted still exist?

Given that most people don’t file just one immigration application (the typical pathway is temporary resident like visitor/student/worker –> then permanent resident –> then citizen) and often have to renew or extend their status in between those steps, which are separate processes, most immigrants will have to create, manage and maintain at least 4 different portals in their immigration journey to Canada.

Most of the portals do not allow representatives to assist, @CitImmCanada imagines a world where newcomers will be able to navigate which portal, what login, how to get there and what to do once inside without the assistance of anyone. Many people don’t even buy groceries unassisted these days, but hey, @CitImmCanada, that’s cool. We’ll just be over here mopping up the mess and tears of people who have made inadvertent errors and wasted months on a process that went nowhere.

I don’t even have a good analogy for what this can compare to: imagine having to keep track of separate logins and platforms for each of your bank accounts:  chequing, savings, credit card, line of credit… only with higher stakes, like you fall into a pit of snakes if you transfer funds from the wrong account. Or, for your business, you have to maintain separate CRA logins/platforms for Payroll, GST/HST, Corporate taxes, etc, but with a jet pack attached that shoots you into space if you mess anything up. Imagine that if you chose to use an accountant, they would have access to some, but not all of those platforms, so could do some, but not all of your taxes.

We hear these new systems are more robust, secure and stable than the OG ones.  And necessary given the pandemic and need to move everything online. But 6 months in, I have no confidence that these new “mvp” platforms are working as they should, or have increased efficiencies or that applications aren’t falling through the cracks as I type this.

So basically we now have a blind-buffet of online platforms, which all look sort of the same, but don’t behave the same and aren’t reliable enough to give anyone confidence that what was submitted was received or any insight on where submitted applications are in process. Are you out of status or about to be a PR? Is the application in process or has it disappeared into the ether? Is that Jello salad or head cheese? Who knows!

And to stop being cute for a second, it is appalling and unconscionable that @CitImmCanada actually thinks what it is doing with these new systems is reasonable. These are lives and futures on the line. If immigration really was so important, how can @CitImmCanada possibly think that unleashing this haphazard technology on people who are staking their lives on it is ethical or workable?

But don’t mind me, I’m just over here eating a Jello salad, wearing a jet pack, holding a mop.

 

 

It’s 2021. Obviously I need to post some updates.

Where to start?

Elise
Welcome Elise Mercier, our newest lawyer! In October, the intrepid Elise packed up her belongings and moved here from Ontario to join North Star. And from her first week in the office, she has been a huge help with our volume of work which has exponentially increased recently (more about that in a sec) and also levelled us up in the home-baked goods department. The first thing we had her do was figure out the new extended family reunification process and start preparing those applications. I am happy to report that she is now our resident expert in that area.

We welcomed Elise with a little office party in early November, complete with an oyster bar, because, Nova Scotia. And thank goodness we did as everything else got cancelled once NS’s second wave hit in late November. No North Star holiday party this year.

Bubble
Our little office bubble carries on and as a general rule, we don’t see clients in person. We don’t share Covered Bridge chips anymore (we each have to have our own bag now) but otherwise the office is managing ok. We rented a large space across the hall, which we previously used clandestinely for after-hours band practice. It is now a multipurpose room, great for physically-distant client meetings, virtual refugee hearings, end of day chats and beverages and rainy day bike rides:

Immigration
On the immigration front, things are still a whirlwind. So far in 2021, we have received some fantastic approvals:

– a PGWP restoration in 15 days and a couple H&C first stage approvals (nice work Sophie and Lori!),
– a bench positive refugee determination (nice work Guilhem!),
– a 2-week expedited nomination (nice work Elise!)
– a tricky PR Card renewal we submitted in September and received in the mail last week (nice work Lara!)
– a BOWP approval for someone on threadbare implied status – proof that there is such a thing as an “implied status sandwich” (hats-off Cam!)

But in case anyone tells you otherwise, immigration practice during a pandemic is not all sunshine and roses: we received a few really awful decisions mid-summer, like on a few H&Cs we thought were solid. So that has meant extra work – filing federal court applications and managing disappointed clients. And trying to explain to those disappointed clients that judicial review is the only option and “it’s like an appeal but it’s not an appeal. No, you cannot talk to the judge. No you cannot give new evidence. Even though it’s your case, if you want to come to the hearing, you have to sit in the back gallery.” And realizing how completely convoluted the legal process is when you try to explain it. Ultimately, DOJ/IRCC has consented on most of them so they are back in process. But some are not, and some people we fought hard for are out of options. Losing when the chips are down is brutal.*

#legaltech wtf
It never ceases to amaze me that in law practice we are still so constrained by software limitations. To practice Canadian immigration law, you basically have to subscribe to Acrobat Cloud, which is costly and glitchy, at least on MacOS. For years, I have been searching for something to streamline our practice in a way that will integrate our systems and not cause more work/headaches for the lawyers. But it turns out starting a practice and transitioning a practice are two different things, and as imperfect as our systems are, they are stable, secure and simple. I realize implementing software that uses checklists or workflows is good as long as they truly integrate and automate and aren’t just there for display. For 2021, we have plans to implement some new tools to streamline our work and make it easier for clients to get their information to us, using secure links for online forms rather than scanned pdfs. Baby steps, I guess.

So 2020 was the longest year and the most distracting year and the most fucked up year really, but we made it through and are ready for whatever 2021 has in store for us. And if it’s just more of the same, well at least we know how to pandemic now.

*As I write this, I can hear my husband calling my daughter for breakfast – “Louisa, come and eat. I made you breakfast. It’s an omelet. It’s the worst omelet I’ve ever made. It doesn’t even look like an omelet. I need to learn how to make better omelets.” And basically, that sums up what’s going on around here. (xo CF)

Many Canadian businesses rely on regular cross-border trips by US-based workers. Whether it is to maintain machinery and equipment or oversee operations, these visits are usually of short durations and are time-sensitive. Sometimes, the US based workers are even Canadian citizens or permanent residents who still have to isolate for 2 weeks upon arrival in Canada. Other times, they are just coming in as (IRPA section 186) business visitors or may have NAFTA or Intra Company Transferee work permits covering their time in Canada.

The mandatory 14-day isolation period really throws a wrench into things (I know, terrible pun), because suddenly a 3-day visit to repair a piece of equipment becomes a 17 day visit, the first 14 of which the equipment cannot be touched by the worker.

So what can Canadian organizations do to ensure that (1) they are adhering to public health rules and doing their part to stop the spread of Covid-19 and (2) keep their Canadian operations running smoothly so that delays don’t negatively impact their Canadian employees, market competitiveness or production?

Some form of travel restrictions are likely for the foreseeable future. And even if you are allowed to travel, the 14 day isolation is now the default. This is all mandatory by provincial public health orders and section 58 of the Quarantine Act:

Emergency Orders
Order prohibiting entry into Canada

58 (1) The Governor in Council may make an order prohibiting or subjecting to any condition the entry into Canada of any class of persons who have been in a foreign country or a specified part of a foreign country if the Governor in Council is of the opinion that

(a) there is an outbreak of a communicable disease in the foreign country;

(b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

(c) the entry of members of that class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada; and

(d) no reasonable alternatives to prevent the introduction or spread of the disease are available.

However, there are exceptions to the rules. The current exemption process involves requesting both federal and provincial approval. The federal process is outlined here:

Federal exemption to mandatory quarantine (14 day isolation period):

The Canadian Border Service Agency (CBSA) in conjunction with the Public Health Agency of Canada (PHAC) are given the authority to grant exemptions from quarantine required by the federal order (OIC 10). Whether an exemption from quarantine is granted to an individual under the federal order is determined solely by the CBSA and PHAC. Information regarding requirements for an exemption to the Federal order can be found here.

PHAC issues letters of interpretation and provides an assessment as to whether an individual qualifies for an exemption under OIC 10. The letter is useful for anyone seeking entry to Canada as it is an important piece of information for CBSA to consider when making their final determination to permit entry and exemption from the quarantine requirements.

Federal Eligibility:

Who is eligible to travel to Canada: Foreign nationals, including United States (US) citizens, can travel to Canada only if they’re eligible. Restrictions vary depending on where you are coming from.

If you’re travelling to Canada from outside the US
You must be both:
• exempt from the travel restrictions and
• travelling for an essential (non discretionary) purpose

All other foreign nationals:
To be eligible, you must meet 2 requirements:
•You must be travelling for an essential (non-discretionary) purpose
•You must be either
· travelling directly from the US
· exempt from the travel restrictions

Travelers coming from outside the US who are exempt from the travel restrictions:
• any person who does not pose a significant harm to public health, in the opinion of the Chief Public Health Officer of Canada, and who will provide an essential service while in Canada

Federal exemption provisions for essential service workers

Pursuant to paragraph 6(e) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, issued pursuant to section 58 of the Quarantine Act, the Chief Public Health Officer may determine a class of persons who provide an essential service while in Canada.

As determined by the Chief Public Health Officer, at this time, the following class of persons are exempt:

Persons in the trade or transportation sector who are important for the movement of goods or people, including truck drivers and crew members on any aircraft, shipping vessel or train, and that cross the border while performing their duties or for the purpose of performing their duties;

Persons who must cross the border regularly to go to their normal place of employment, including critical infrastructure workers (Energy and Utilities, Information and Communication Technologies, Finance, Health, Food, Water, Transportation, Safety, Government and Manufacturing), provided they do not directly care for persons 65 years of age or older within the first 14 days after their entry to Canada; and

Technicians specified by manufacturer, or the manufacturer warranty, as required to maintain or repair equipment necessary to support critical infrastructure (Energy and Utilities, Information and Communication Technologies, Finance, Health, Food, Water, Transportation, Safety, Government and Manufacturing).

Ultimately, the federal exemption is determined by the officer at the port of entry (CBSA and PHAC), but having a letter of interpretation is meant to be a helpful tool in that assessment.

Provincial exemption to mandatory quarantine (14 day isolation period):

Travellers seeking an exemption must also contact the provincial authority for approval, since the isolation requirement is both federal and provincial jurisdiction.

Provincial rules vary but generally speaking, to request named individuals and/or classes of persons be exempt from the a provincial order, information and plans must be submitted as specified by the provincial medical authority. The information provided will be used to determine if the specified individuals and/or classes of persons satisfy the requirements for an exemption to the provincial order.

An exemption provided by a province will be conditional and will be limited to allowing the person(s) identified in the exemption the ability, within the first 14 days upon entering the province, to travel to and from their accommodation or residence to the work locations where they are performing their essential service work related duties. Where an exempted person during that 14 day period has any symptoms or is confirmed to have COVID-19, the person will be required to quarantine and cease performing their work related duties in accordance with the requirements set out in the provincial order. This type of exemption will not permit the individual to attend recreational activities, formal events or social gatherings until the 14 day period has expired.

More information and the links to the various provincial authorities can be found here.

Anecdotally we have heard about a lot of inconsistency and confusion at ports of entry. Given this, we are advising the Canadian employers of US-citizens to seek both provincial and federal approvals in advance of travel and provide information to both authorities that includes, at minimum:

Point of contact with Canadian entity
Location of worksite(s)
Names of employees or contractors or class of essential service (name, address, contact and phone number while in Canada)
Arrival and departure dates
Rationale for classifying as essential service workers
Corporate Covid-19 plan describing precautions to keep workers safe
Accommodation plan (i.e. at hotel or rental) to ensure travelers necessities and precautions are being met
Travel arrangements to and from Canada and while in Canada, to and from worksite

Once this process is complete, the person can book their trip and ensure they carry proof of the exemptions and all supporting documents to provide to CBSA and PHAC at the airport or land border crossing.

So far, we have received favorable responses from federal and provincial authorities for requests we have made and it seems to make life easier for CBSA if the traveler can provide these documents, which shows, among other things, that they and their employer have turned their minds to where they fall under the exemptions and how public health will not be put at risk if the traveller is not required to quarantine.

To be sure, this two-step approach is a little more red tape than anyone wants to have to deal with. But when Canadian critical infrastructure is at stake, it seems like a reasonable balance between ensuring Canada remains safe and, as much as possible, minimizing the disruptions on products and services that the public depends on.

For more information or to book a consultation on this or any travel-related issue, please contact us.