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Very thorough and clear direction presented in a user-friendly way. Examples of other non-optional or non-discretionary travel: supporting Indigenous communities transiting through Canada for non-optional or non-discretionary purposes any other activities that are deemed non-optional or non-discretionary by the Government of Canada or … We received LMIA approvals in a matter of weeks when other. Laws are always changing, and it was such piece of mind to know that we were getting the most current information, and that everything was being done correctly. IRCC officers will insert comprehensive notes in the Global Case Management System which will outline their rationale for issuing the authorization letter. Transiting through Canada for non-optional or non-discretionary purposes. Again, these things happen and we were happy to have legal support throughout. However, their travel must be non-discretionary (non-optional) and fall under exemptions set out in the emergency order. We definitely hit some bumps in the road... immigration lost part of our file, which needed to be redone, and then they were on strike, slowing everything down. The following foreign nationals who are currently outside Canada are not subject to Canada’s travel restrictions if travelling to Canada for a non-optional or non-discretionary purpose: Foreign nationals who hold a valid Canadian work permit (including an open work permit) as defined in section R2. IRCC has provided some guidance and examples of non-optional/non-discretionary travel in the economic context in its Travel restriction measures: COVID-19 program delivery instructions, and in a second program delivery guideline specifically on Non-optional and non-discretionary travel. applications took 6+ months. Add Comment Ministerial Instructions respecting invitations to apply for permanent residence under the Express Entry system #173 – January 20, 2021 Provincial Nominee Class Number of invitations issued: 374Footnote* Rank requi... Jennifer and her team have been great to work with! Health (immediate medical care), safety and security. You will not receive a reply. What is determinative is that the foreign national’s primary residence is in Canada (suggesting their travel is not optional). The government defines “optional” or “discretionary” travel as coming to Canada for the purposes of tourism, recreation, and entertainment among others. In cases where new or conflicting information is provided at boarding or at the port of entry (POE), border services officers may utilize their discretion as always. Examples of non-optional and non-discretionary reasons offered by IRCC include travel for: Economic services and supply chains. If the foreign national cannot demonstrate clearly their purpose of travel is non-discretionary or non-optional they will not be permitted entry. However, any COVID-19-symptomatic travellers will not be permitted to enter Canada. JR Law supported us during the entire extra, unexpected time. As it relates to legal contracts, non-discretionary spending is spending required by a contract, budget, and other lawful commitments. The birth of grandchild, nephew, niece, cousin, etc. Some expenses are necessary, such as your rent, mortgage, and utilities… The following are examples of non-optional or non-discretionary travel for temporary workers who hold a valid work permit or received a letter of introduction from IRCC on their work permit application and are seeking entry at a Canadian POE: A foreign national has a … The requirement to travel for a non-discretionary or non-optional purpose does not apply to the following travel restriction exemptions: For more information, consult Travel restriction measures: COVID-19 program delivery. • A foreign national with a … A foreign national has a valid work permit and ordinarily resides in Canada. any other activities that are deemed non-optional or non-discretionary by the Government of Canada or based on an officer's assessment All eligible foreign nationals, irrespective of the country they belong to, can come to Canada to reunite with their family members as per the conditions mentioned above. It has been a great partnership for the last year. "Non-optional or non-discretionary" travel includes delivering economic services, supporting the supply chain, … Discretionary and non-discretionary spending are terms used to describe the categories of expenses you use daily in life. Supporting Indigenous communities. Foreign national travellers need to be able to demonstrate when crossing the US-Canada Border that their reason for entering Canada is non-optional and non-discretionary in nature. to spend time at a secondary residence (vacation home, hunting or fishing lodge, etc. Foreign nationals seeking to travel to Canada from any country other than the United States while the travel restrictions are in place need to satisfy government officials that, Foreign nationals seeking to travel to Canada from the United States while the travel restrictions are in place need to satisfy government officials that. This guidance provides multiple examples of how non-optional and non-discretionary travel is to be assessed as part of a temporary residence application under COVID-19. The following are examples of non-optional or non-discretionary travel for temporary workers who hold a valid work permit or received a letter of introduction from IRCC on their work permit application and are seeking entry at a Canadian POE: A foreign national has a valid work permit and ordinarily resides in Canada. In the information released today, IRCC reminds foreign nationals they can only enter Canada for non-optional or non-discretionary purposes and it is the responsibility of foreign nationals to demonstrate the reason for their trip. health (immediate medical care), safety and security. Islamist atrocities such as the murder of 60 Japanese , German , and Swiss tourists in Luxor in 1997 or the abduction of 32 German and other travelers in the Sahara in 2003 had already led some Westerners to avoid discretionary travel in the Muslim world . Temporary workers who are exempt from travel restrictions. For these immediate family members seeking to travel to Canada from any country other than the United States, an authorization letter issued by IRCC is required. for the birth of a grandchild, nephew, niece, cousin, etc. (For the parent of a child, this may be considered non-discretionary travel; however, it will still require assessment.) IRCC stated that foreign nationals can enter Canada for non-optional or non-discretionary purposes and it is the responsibility of foreign nationals to demonstrate the reason for their trip. Examples include individual or group production bonuses, and bonuses for quality and accuracy of work. April 29, 2020. Air travel and border measures have been implemented to protect the health and safety of Canadians by restricting optional and discretionary international travel. The onus is on the foreign national to demonstrate the purpose of their travel. Extended family members of a Canadian citizen, a person registered as an Indian under the Indian Act or a permanent resident of Canada will be deemed to be travelling for a non-discretionary or non-optional purpose if the travel is for 15 days or more and they are travelling with or to be with their Canadian citizen, person registered as an Indian or permanent resident family member. Students having a valid study permit or the ones who received approval for a study permit on or before 18th March 2020 may get exemption now from currently imposed travel restrictions if their purpose of travel is a non-discretionary or a non-optional one. Some examples of non-discretionary or non-optional travel for the purposes of family reunification are (not an exhaustive list) to take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents who are seeking entry to Canada to live with immediate family members) Jennifer Roggemann Law Office 1135 King Street East, Kitchener, Ontario, N2G 2N3, Notifications of Interest by Targeted Occupations: Ontario’s Express Entry Skilled Trades Stream, Canadians With Foreign National Spouses Face Obstacles At Border, for the birth of a grandchild, nephew, niece, cousin, etc. It is posted on the department’s website as a courtesy to stakeholders. supporting Indigenous communities. they are covered by an exemption in the Orders (consult: they are travelling for a non-optional or non-discretionary purpose, transiting through Canada for non-optional or non-discretionary purposes, any other activities that are deemed non-optional or non-discretionary by the Government of Canada or based on an officer’s assessment, foreign national coming to assist with the birth of their own child to another foreign national with temporary resident status. I had a very complicated issue in Immigration she made it fast and easy.. highly recommend.Thanks. "Non-optional or non-discretionary" travel includes delivering economic services, supporting the supply chain, supporting critical infrastructure, engaging in … The FLSA rule defines “non discretionary” bonuses as “Promised bonuses such as those announced to employees to induce them to work more efficiently or to remain with the firm are considered non-discretionary. Some examples of non-discretionary or non-optional travel for the purposes of family reunification are (not an exhaustive list) to take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents who are seeking entry to Canada to live with immediate family members) New guidance is available to ensure that non-optional and non-discretionary travel are being interpreted as intended under the COVID-19 Orders in Council. For example: an immediate family member of a Canadian citizen or permanent resident who is travelling to be with an immediate family member and is … Immediate family members (as defined in the Orders in Council) of a Canadian citizen, a person registered as an Indian under the Indian Act or a permanent resident of Canada will be deemed to be travelling for a non-discretionary or non–optional purpose if the travel is for 15 days or more and they are travelling with or to be with their Canadian citizen, person registered as an Indian or permanent resident family member. Travel for the following purposes would be considered non-optional or non-discretionary: economic services and supply chains; critical infrastructure support; health (immediate medical care), safety and security; supporting Indigenous communities; transiting through Canada for non-optional or non-discretionary purposes We first met Jennifer in November 2011. and she and her team proceeded over the last 2 years to help my husband achieve permanent residency status thru in-land spousal sponsorship. The following are examples of non-optional or non-discretionary travel for temporary workers who hold a valid work permit or received a letter of introduction from IRCC on their work permit application and are seeking entry at a Canadian POE: A foreign national has a … A foreign national has a letter of introduction for an open work permit, holds a valid job offer and will be able to work once they enter Canada. They respond to my inquiries urgently and professionally. A foreign national has a letter of introduction for an employer-specific work permit, holds a valid job offer and will be able to work once they enter Canada. Examples of travel for non-optional reasons. non-discretionary meaning: not having the right to decide for someone how their money should be invested, when it should be…. "Non-optional or non-discretionary" travel includes delivering economic services, supporting the supply … ), health (immediate medical care), safety and security, transiting through Canada for non-optional or non-discretionary purposes, studying in Canada if already approved for a study permit on or before March 18, tending to family matters for non-optional or non-discretionary purposes (such as bringing supplies to elderly parents or tending to sick family members) when there is no one else available in Canada to assist, any other activities that are deemed non-optional or non-discretionary by the Government of Canada or based on an officer’s assessment, to take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents who are seeking entry to Canada to live with immediate family members), to care for an ill family member or a family member who is unable to care for themselves when no other arrangements can be made (the 14-day quarantine for travellers will be factored into whether the travel is discretionary), for foreign national immediate family member(s) (as per the definition in the Order in Council), to spend the pandemic period with their Canadian citizen family member so they can help to ensure each other’s health, safety and well-being (This section is specifically to allow for the reunification of family members where it would be beneficial to all parties, as the reunification of family members is a key point of the Order in Council. The team at JR law was always friendly, organized, supportive, and very fair and honest. Some examples of travel for non-optional or non-discretionary travel are: economic services and supply chains. Some examples of travel for optional or discretionary purposes: Family visits or vacation. Bonnyville Immigration Services Inc. offers immigration services to clients in Canada and internationally. This letter, issued for the purposes of reuniting immediate family members, should be sufficient evidence that travel is non-discretionary, as letters are only issued by IRCC when travel is for a non-discretionary purpose. If the foreign national is travelling for less than 15 days, they must be travelling for a non-discretionary, non-optional purpose. This includes entry for upkeep or maintenance purposes. Immigration, Refugees and Citizenship Canada, Novel Coronavirus (COVID-19) – Program delivery instructions, Travel restriction measures: COVID-19 program delivery, Examples of travel for a non-optional or non-discretionary purpose, Exemptions from the requirement to have a non-discretionary or non-optional purpose of travel. I would definitely recommend JR Law to anyone seeking immigration assistance. immediate family members or extended family members of Canadian citizens, persons registered as Indians under the Indian Act or permanent residents intending to enter Canada for more than 15 days. For example, the budget for a government department may set aside a certain amount for environment-related initiatives as non-discretionary spending. I know that many people attempt to do this process on their own, but after being thru it, I would never recommend that. This allows for families to be together during this difficult time. Restrictions vary depending on the foreign national’s point of departure. Following travel scenarios are for foreign nationals, with a valid work permit or have received a letter of introduction from IRCC on their work permit application. to spend time at a secondary residence (vacation home, hunting or fishing lodge, etc.). Some examples of non-discretionary or non-optional travel for the purposes of family reunification are (not an exhaustive list) * to take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents who are seeking entry to Canada to live with immediate family members) If information comes to light for a Canada Boarder Services Agency liaison officer or border services officer that contradicts the original purpose of travel, the traveller may be denied travel to or entry to Canada. See more. Critical infrastructure support. Discretionary definition, subject or left to one's own discretion. Examples of Travel for non-optional reasons. If the travel is for less than 15 days, extended family members will need to provide a statutory declaration and obtain written authorization from IRCC to be eligible to travel to Canada as part of this exemption. Whether the foreign national’s employment still exists or they are currently laid off is not determinative in this case. Learn more. Critical infrastructure support. We will definitely be seeing them again moving forward with any immigration issues in the future! Example scenarios – Non-optional or Non-Discretionary Travel. Examples of other non-optional or non-discretionary travel: The following are examples of non-optional or non-discretionary travel for temporary workers who hold a valid work permit or received a letter of introduction from IRCC on their work permit application and are seeking entry at a Canadian POE: For more information, consult Work permit: COVID-19 program delivery. This section contains policy, procedures and guidance used by IRCC staff. ). Non-discretionary in Legal Contracts. Immediate family members of temporary residents in Canada will still be required to provide evidence that their travel is non-optional or non-discretionary. to visit family for a vacation. transiting through Canada for non-optional or non-discretionary purposes IRCC has provided some guidance and examples of non-optional/non-discretionary travel in the economic context in its Travel restriction measures: COVID-19 program delivery instructions, and in a second program delivery guideline specifically on Non-optional and non-discretionary travel. For more information on travel restrictions affecting foreign nationals, consult: The exemptions under the Orders do not apply to foreign nationals travelling for optional or discretionary purposes. any other activities that are deemed “non-optional” or “non-discretionary” by the Canadian government. Parents of a child may be considered non-discretionary. to attend the funeral of a family member (This purpose of travel would be improbable due to quarantine measures and limits to the number of attendees at funerals under provincial restrictions. IRCC examples of non-optional and non-discretionary travel for family reunification include: To take up full-time residence in Canada (this concerns prospective permanent residents as well as temporary resident seeking to enter Canada to live with immediate or close family members). (For the parent of a child, this may be considered non-discretionary travel; however, it will still require assessment.). For enquiries, contact us. ), shared custody agreement across borders, as this would be complying with a court order. 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