Canada Revises Visa, eTA, Study & Work Permit Rules

• IRCC introduces clear rules for visa and permit revocations.
• New sections define discretionary and automatic cancellation conditions precisely.
• Aims to prevent fraud, misuse, and ensure compliance among temporary residents.

Immigration, Refugees and Citizenship Canada (IRCC) has unveiled a new set of guidelines that clarify the specific circumstances under which temporary visas and permits can be revoked. This encompasses visitor visas, study permits, work permits, and also eTAs.

The announcement, presents explicit guidelines, detailing discretionary cancellations (decided by an officer) and automatic cancellations (where the document becomes invalid on its own). Officers possessed the authority to annul documents for years, yet the guidelines were somewhat ambiguous. However, based on the recent update, if an individual becomes ineligible, inadmissible, or was erroneously approved, IRCC now possesses strong legal grounds to act.

According to the new sections 180.1 and 180.2, a visitor visa can be revoked for various reasons, including: administrative mistakes, loss of eligibility, becoming inadmissible post-issuance of the visa, and failing to depart the country when mandated.

The updated information clarifies that a visa is also rendered automatically void if the individual attains permanent residency, loses the passport associated with the visa, or in the event of the person's demise. Sections 12.07 and 12.08 present comparable regulations for electronic travel authorizations (eTAs). An officer has the authority to revoke an eTA if: the traveler is deemed criminally inadmissible, their passport is rendered invalid, or in situations where the eTA was granted in error.

Study permits are now categorized under sections 222.7 and 222.8, while work permits are categorized under sections 209.01 and 209.02. IRCC has the authority to revoke a study or work permit if it was granted in error or if the individual no longer satisfies the eligibility criteria. Automatic termination occurs if the individual becomes a permanent resident or if they pass away. Officers may revoke a work permit if it was issued because of a mistake, such as not verifying an LMIA or the employer's eligibility.

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If an individual received a study permit, work permit, or visa due to a temporary public policy waiver (utilized for emergencies or humanitarian reasons), that waived matter cannot subsequently be cited as grounds to revoke their document. This aids in safeguarding individuals approved unique conditions.

The new regulations substitute uncertainty with explicit legal terminology. Previously, officers depended on wide-ranging, general authorities. At present, every category has its specific section. The government has been trying to manage temporary resident numbers. These changes are part of efforts that include: stronger post-arrival checks, battling fraud, more data-sharing, tighter rules on who qualifies for study and work permits and a focus on weeding out misuse and overstays.