HOW and for what reasons can IRCC cancel your visa and work and/or study permits??? I'll explain it clearly with simple language and examples!
Despite the fact that it hasn't yet been passed, Bill C-12 on border security is slowly coming into effect. Quietly, behind your backs, step by step but it's becoming a part of our lives.
On November 6th, PARTIALLY this bill was already passed, so that means that IMMIGRATION OFFICER CAN CANCEL AN APPLICANT'S TEMPORARY RESIDENCE OR VISITOR DOCUMENTS.
On what grounds? Under what conditions can visas, work or study permits be cancelled?
VISA Cancellation:
If it was issued by mistake
If the applicant receives a criminal conviction or charges after receiving the visa, or if they become medically inadmissible (example: the applicant has a 10-year visa and has visited Canada several times. In 2024, they were convicted of DUI. As a result, the visa may be cancelled at the request of IRCC, which will obtain information from the Canadian police database)
If the applicant no longer meets the criteria (example: you applied for a visitor visa and provided proof of employment or you were traveling to visit someone who no longer lives in Canada; in this case, after a brief discussion at the airport border, your visa may be cancelled)
IMPORTANT!!! If you have a Canadian visa and are subsequently granted TRP status (many people do now!!!), your visa may also be cancelled.
Refusal to extend a work/study permit while you have a valid visitor visa may result in the cancellation of that visa.
If the ministry catches you committing fraud or misrepresenting facts.
If a border officer has a valid reason for NOT leaving Canada after your planned visit (for example, they checked your phone and found messages with friends indicating you were planning to look for work. Previously, they would have simply turned you back without canceling your visa; now they will turn you back and cancel your visa).
STUDY PERMIT CANCELLATION:
- It is now possible to cancel a permit if it was issued by mistake (for example, due to a fake language test or a fake acceptance letter). Previously, once a permit was issued, it could no longer be cancelled.
WORK PERMIT CANCELLATION
The same applies here. It can be cancelled if it was issued by mistake (for example, a closed work permit was issued without an LMIA, or the applicant didn't meet the program requirements: for example, under the Francophone program but without French language skills, or issued to a spouse when the Canadian partner didn't meet the requirements).
All these new powers, in short, open the legal possibility of purging already issued permits. Whether this is good or bad is up to you to decide. But this will require additional human resources and verification. For decades, Canada has been very tolerant of holders of study or work permits.
The Immigration Department operated on the principle that if a permit was issued, it was meant to be. And even if it was issued by mistake, so be it; there are no jurisdictions to interfere. Since November 6th, everything has changed. Essentially, all your permits can be re-examined, and if they discover that your permit was issued by mistake or based on misrepresentation, or if you no longer meet the criteria for the original permit, it can be revoked.
You know what's the most interesting part? A closed work permit was never revoked, even if you were unemployed (if you were fired). You simply remained in Canada with a work permit but were not authorized to work for a new employer. Under the new rules, your permit can be revoked, and your spouse's permit (if they are in Canada) will be revoked as well. This would have been impossible previously.
It will be interesting...
Oleksandra Melnykova, Canadian Immigration and Refugee Consultant.
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