EIG Alert: Canada Updates Visa Requirements for Mexican Nationals

The IRCC has provided notice that as of 11:30pm Eastern Time on February 29, 2024, Canada is re-imposing visa requirements for Mexican Nationals. This measure is meant to curb the number of asylum-seekers entering Canada based on the current requirements which only require an Electronic Travel Authorization (eTA).

Not all of the facts are known at this time, but the following information is meant to address questions about the impact of this policy change.

What is Changing?

  • Most Mexican Nationals will need a visa to travel to Canada.

Exemptions:

  • The following individuals will still be able to travel to Canada using their current eTA: Mexican nationals who hold an eTA tied to a Mexican passport AND hold a valid work or study permit.
  • The following individuals will still be eligible to travel to Canada using a new eTA: Mexican nationals who have either held a Canadian visitor visa (temporary resident visa) in the past 10 years OR currently hold a valid US nonimmigrant visa; and are using a Mexican passport to fly to Canada.
  • eTAs issued or applied for before 11:30pm ET February 29, 2024, will be automatically cancelled unless you also have a valid work or study permit.
  • If you are eligible to fly to Canada using a new eTA, per the above list, you will need to apply for a new eTA after 11:30pm ET February 29, 2024.
  • If you are not eligible to fly to Canada using an eTA per the above list, you will need to apply for a visa to travel to Canada.
  • An eTA is for air travel only. Even if you are eligible for an eTA, you need a visitor visa if you plan to travel to Canada by car, bus, train or boat, including a cruise ship (even if you don’t leave the ship).

What does this mean for Mexican Nationals currently in Canada?

According to the published guidelines eTAs will not be cancelled for those who hold a valid work or study permit. Their current eTAs will remain valid and they can be used for re-entry to Canada for the life of the work/study permit.

*** The IRCC has set up a process for people to have their eTAs re-activated if they are mistakenly cancelled in the batch of cancelled eTAs after 11:30pm ET on February 29, 2024. Instructions can be found at the link above. ***

If there is a Mexican national currently inside of Canada without a work/study permit (i.e., Visitor) they may stay in Canada until their current status expires. Their eTAs will be cancelled, and they will not be able to re-enter Canada without the appropriate visa/eTA (if they qualify for an eTA).

New applications for Work/ Study Permits?

Initial work/study permit applications processed outside of Canada will have the appropriate visa/eTA issued upon approval. Work and study permit extensions completed inside of Canada will require a separate visa/eTA application once the renewal has been issued, as is the case with extension applications.

What we still don’t know

  • We expect that the ability of Mexican nationals to apply for work permits at the port of entry will be negatively impacted and we are awaiting details on this.
  • It is not clear whether visitor record holders currently inside Canada will be able to apply for TRVs from within Canada.

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.