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Cassandra Fultz, RCIC-IRB

Cassandra specializes in immigration to Canada from the USA, as well as immigration cases pertaining to Procedural Fairness Letters (PFL), post-deportation Authorization to Return to Canada (ARC), Study Permits, PR Card Renewal on Humanitarian and Compassionate Grounds, Criminal Rehabilitation, Temporary Resident Permits, Canadian citizenship, Family Sponsorship, and Visitor Visas. She advocates for her clients with an impressive success rate, including for applications with prior refusals.

Published by Cassandra Fultz, RCIC-IRB on February 29, 2024

eTAs Held By Mexican Nationals Cancelled

As of 11.30pm EST all eTAs held by Mexican passport holders will be immediately cancelled, unless they are linked with existing valid Canadian Study Permits or Canadian Work Permits. Mexican nationals who hold a Canadian work permit or study permit will still be allowed to travel to Canada using their current eTA while their permit remains valid. All Mexican visitors will be required to obtain a Canadian visitor visa (Temporary Resident Visa).

Work Permit and Study Permits From Mexico

Mexican applicants for Canadian work permits based on an approved LMIA will no longer be allowed to apply at the port of entry (Canadian border) for their work permit as they have done in the past. With the default status of Mexico being a visa-required country, employer specific work permits, such as those based on an LMIA, will need to be applied for from outside Canada – only applicants from visa-exempt countries can apply at the port of entry for a work permit, such as citizens of the United States, UK, Japan, etc.

According to data from the Immigration and Refugee Board of Canada, more than 25,000 Mexicans requested asylum in Canada last year, making Mexico the country with the highest number of refugee claims in Canada (17% of all Canadian refugee claims).

Canada’s Reasons for Reinstating Visa Requirements:

Managing Asylum Seeker Numbers: The primary goal is to manage and control the flow of asylum seekers into Canada. Requiring visas adds an additional layer of scrutiny in order to reduce the number of refugee claims.
Housing Crisis: By reinstating visa requirements for Mexican citizens, Canada aims to reduce the number of refugee claimants, as well as visiting job seekers, who require housing in Canada.
Balancing National Security: The decision also addresses concerns related to national security. Requiring visas allows for a more comprehensive screening process, ensuring that individuals entering the country pose no potential threats.

There won’t be a total restoration to the pre-2016 regulations under the new regulations. Those coming to Canada on study or work permits, as well as Mexican nationals holding specific types of U.S. visas, are exempt from needing to apply for Canadian visas. Mexican nationals will not need to reapply under the new rules if they were granted valid visas under the former system at any time in the last ten years.

Mexican citizens traveling by air on a Mexican passport can apply for an electronic travel authorization (eTA) if they hold a valid US non-immigrant visa or have had a Canadian visa within the past 10 years. The majority of Mexican citizens with US visas will maintain visa-free access to Canada. However, any Mexican national who does not fall under one of these exemptions will be required to apply for a Canadian visitor visa.

The new visas will be valid for ten years, during which a tourist may enter Canada several times and remain for a maximum of six months at a time, or any length of time granted by CBSA upon entry to Canada.

Since 2016, Mexican nationals could visit Canada without a visa, but they do require one to enter the United States. According to US border agents, some Mexican citizens have flown directly to Canada, then entered the US illegally. This issue has also impacted Canada’s decision to reinstate the visa requirement for nationals of Mexico.

As additional context, the US and Canada maintain some of the most diplomatically close ties in the world. In 2023, the US and Canada worked together to curb illegal immigration to Canada through the Roxham Road, where tens of thousands of migrants entered into Canada illegally per year since 2015.

If you are directly affected by this change, we recommend staying updated on official announcements, consulting with immigration authorities, and seeking advice if needed.

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