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Canada’s New Immigration Rules: Fewer Visa Approvals and What Indians Need to Know

Canada is experiencing a significant increase in foreigners being turned away, with the Canada Border Services Agency (CBSA) turning away almost 3,700 foreigners in the first seven months of 2024, a 20% yearly rise.

In July, 5,853 foreign visitors were denied entry, the highest number since January 2019. Canada’s immigration department is approving fewer visas, with visa refusal rates increasing significantly. In January, February, May, and June 2024, more applications were refused than approved, with June being the highest since the height of the Covid pandemic.

The number of approved study and work permits has also dropped from multi-year highs in 2023 and 2022. The majority of foreigners to Canada come from India, China, and the Philippines, with Americans being the fifth most common foreign-born resident group.

CBSA: The Canada Border Service is handled by the Canada Border Service Agency (CBSA) that is responsible for immigration, border enforcement, and customs. It is important to note that all individuals crossing the border/entering Canada will be subject to screening by an Immigration officer. Entry into Canada depends upon how much an individual can convince an immigration officer on their intent of visit and assurance of return once the duration of permit to stay, expires.

What to do if you disagree with CBSA’s decision of denying entry? 

If you, as an individual or business, disagree with a CBSA enforcement action or trade decision, you may want it reviewed. You have that right, the First Steps including various forms and letters will guide you through the process. To expedite the initiation of your appeal, submit your request using the Online Appeal Form and complete each field accordingly.

In 2023, there were nearly 3,500 such requests for a review of an enforcement action or trade decision (Source: CBSA).

If application for a visitor visa was refused, should you apply again immediately?

No. If your application was refused, applying again with the same information, even with an immigration or travel agent, will not change this decision.

Your application may be refused because:

• The official deciding your case has reason to believe you’ll stay in Canada beyond your authorized stay

• You’re inadmissible to Canada.

Applying a second time will not change this decision. It will only cost you more money and increase processing times for other applicants. However, if your situation changes, you may apply again with your new information.

Hiring an immigration representative also won’t change any previous decision on your application. If anyone tells you you’ll have a better chance on your second application because they’re representing you, they’re not being truthful and are likely looking to take your money. (Source: IRCC).

Remember: No one can guarantee you a job or a visa to Canada. Only immigration officers in Canada, at Canadian embassies, high commissions and consulates can decide to issue a visa.

Can one appeal after temporary resident visa refusal? There is no formal appeal process if your application for a temporary resident visa is refused. Should you wish to re-apply, you should do so only if your situation has changed substantively or you have significant new information to submit (Source: IRCC).

End of Temporary public policy: Effective immediately, Immigration, Refugees and Citizenship Canada (IRCC) has ended a temporary public policy that allowed visitors to apply for a work permit from within Canada. The temporary policy was set to expire on February 28, 2025 but was terminated last week with immediate effect.

The IRCC, however, will continue to process applications submitted before August 28, 2024 under the policy.

The IRCC introduced the policy in August 2020 to help visitors who were unable to leave the country due to COVID-19 pandemic-related travel restrictions. Under the policy, visitors in Canada could apply for a work permit without having to leave the country. In addition, foreign nationals who had held a work permit in the previous 12 months but who changed their status in Canada to ‘visitor’ could apply to work legally in Canada while waiting for a decision on their new work permit application.

If you have a temporary resident visa, can you leave Canada and come back?

Single-entry temporary resident visa

  • If you have a single-entry temporary resident visa, you will generally need a new single-entry visa to come back to Canada.
  • You can request to return to Canada on your original single-entry temporary resident visa, if:
  • You will only visit the U.S. or St. Pierre and Miquelon; and
  • You will return to Canada before the end of your approved stay in Canada.
  • Multiple-entry temporary resident visa
  • Yes, you can come back to Canada, if you have a multiple-entry temporary resident visa and it has not expired.
  • Expired temporary resident visa
  • You can request to return to Canada on your original temporary resident visa, even if it is expired, if:
  • You will only visit the U.S. or St. Pierre and Miquelon; and
  • You will return to Canada before the end of your approved stay in Canada.

If you visit any country other than those listed above, you will need a new temporary resident visa.

In recent years, Canada has seen a sharp increase of temporary residents admitted to the country. As of 2024, there are a total of 2.5 million temporary residents in Canada. This is up from nearly one million in 2021, according to figures by national data collection agency Statistics Canada. A majority of temporary residents – around 54% – in 2021 had a work permit. International students with a permit solely to study in Canada represented 22% of temporary residents, and asylum claimants accounted for 15% (Source: Statistics Canada).

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Source: HT

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