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Non-optional and non-discretionary travel: COVID-19 program delivery

June 16, 2020BY Meghana

Non-optional and non-discretionary travel

Air travel and border measures help protect the health and safety of Canadians by restricting optional and discretionary international travel. Restrictions depend on the foreign national’s point of departure. COVID-19 positive travelers are banned from entry to Canada.

Foreign nationals planning to travel to Canada from other than the United States need to satisfy government officials with the travel restrictions are in place

  1. Covered by an exemption in the Orders
  2. Traveling for a non-optional and non-discretionary purpose

Foreign nationals seeking to travel to Canada from the United States are in place need to satisfy government officials while the travel restrictions are in place.

  1. Are traveling for a non-optional and non-discretionary purpose

Instances of travel for a non-optional or non-discretionary purpose

  • The exemptions do not apply to foreign nationals traveling for optional or discretionary purposes.
  • The foreign national has to manifest the purpose of their travel.
  • Immediate family members of a Canadian citizen or a PR of Canada will be deemed to be traveling for a non-discretionary or non–optional purpose if the travel is for 15 days or more
  • Traveling with or To stay with their Canadian citizen or permanent resident family members. 
  • In addition, officers should be flexible when processing immediate family members of Canadian Citizens and Permanent residents of Canada traveling for less than 15 days, if they are traveling for a non-discretionary or non-optional purpose

Immediate family members of temporary residents in Canada

  • Provide proof that their travel is non-optional or non-discretionary.

For immediate family members seeking to travel to Canada from any country other than the United States:

  • An authorization letter issued by IRCC is required.
  • Sufficient evidence that travel is non-discretionary.
  • In cases where new or conflicting information is provided at the port of entry, border services officers may use their discretion.IRCC officers insert comprehensive notes in GCMS to outline their rationale for issuing the authorization letter.
  • If information comes to light for a CBSA Liaison Officer or border services officer contradicting the original purpose of travel, the traveler may be denied travel to or entry to Canada.

Examples of other non-optional or non-discretionary travel:

  • Supporting Indigenous communities
  • Transiting through Canada for non-optional or non-discretionary purposes
  • Other activities are regarded as non-optional or non-discretionary by the Canadian Govt or on an officer’s assessment.
  • Foreign national coming for the birth of their child with Temporary Resident status to another foreign nation

Source:https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/travel-restrictions/non-optional-non-discretionary.html