Canada’s new immigration regulations, effective February 2024, empower border officials to alter the visa status of foreign students, workers, and migrants at their discretion. This change particularly impacts Indian nationals, who constitute the largest group of international students—over 420,000. The new rules allow officials to deny or cancel documents like work permits and student visas, particularly if they doubt an individual’s intent to leave Canada after their authorized stay. The uncertainty surrounding these changes could affect tens of thousands of applicants, leaving many questioning the future of their investments in education and living arrangements in Canada.
Ottawa, Canada:
The recent measures taken by Canada to limit migration are expected to adversely affect tens of thousands of international students, particularly those from India. This situation will also impact individuals applying for work and residency permits.
Effective from the beginning of February, these new regulations empower Canadian border authorities to modify the visa status of students, workers, and migrants at their discretion if deemed necessary.
According to the new Immigration and Refugee Protection Regulations, Canadian border officials now possess the authority to deny or reject temporary resident documents, including electronic travel authorizations (eTAs) and temporary resident visas (TRVs).
This implies that border officials can cancel such documents, which encompass work permits and student visas. However, specific criteria must be met for permits and visas to be denied or revoked. For instance, if an officer is not convinced that the individual will leave Canada when their authorized stay expires, they can deny entry or cancel their permit even while the individual is still in Canada.
The discretionary authority to make such decisions lies solely with the officer.
These new rules introduce an element of uncertainty and could potentially affect tens of thousands, if not hundreds of thousands, of international students and workers, with Indians forming the largest group among these foreign nationals.
Canada remains a top choice for Indian students, workers, and legal immigrants. Current statistics indicate that over 420,000 Indian nationals are pursuing higher education in Canada, according to government data.
In the event that a student, worker, or migrant is rejected, they will be denied entry at the port and sent back to their home country. If a permit is revoked while the individual is studying, working, or living in Canada, they will receive a notice to exit the country by a specified date.
In addition to these groups, Canada also witnesses a significant influx of tourists from India, all of whom hold temporary permits with varying durations of stay. In the first half of 2024, Canada issued over 360,000 travel visas to Indian nationals. Data from 2023 indicates that Indians comprised 340,000 tourists during the same six-month period, according to Canadian authorities.
Those who are affected will be notified by Immigration, Refugees and Citizenship Canada via email and through their IRCC accounts. There remains uncertainty regarding the status of any funds already invested, including education expenses, loans, mortgages, or rent paid by those workers during their time in Canada in the event of a sudden cancellation.
Just three months prior, in November 2023, Canada had discontinued the Student Direct Stream (SDS) visa program, which was a favored option for Indian students willing to secure funds in advance to guarantee their education in the North American nation.