Canada’s New Visa Rules: A Nightmare for Indian Students & Workers

Introduction

Canada has long been a top destination for international students, skilled workers, and migrants. However, new visa regulations implemented in February have introduced sweeping changes that could have far-reaching consequences. The latest immigration policies grant Canadian border officials broad discretionary powers to alter visa statuses, reject applications, and even revoke permits at any stage. These changes have raised concerns, particularly among Indian nationals, who make up one of the largest groups of foreign students and workers in Canada.

Expanded Authority of Border Officials

The revised Immigration and Refugee Protection Regulations now provide immigration officers with extensive control over temporary resident documents. This includes:

• Electronic Travel Authorizations (eTAs)
• Temporary Resident Visas (TRVs)
• Work Permits
• Study Permits

With these new powers, border officials can deny, reject, or even cancel these documents under certain conditions.

New Discretionary Powers: What This Means

Previously, visas and permits were primarily revoked in cases of fraud or serious violations. However, under the new rules, a visa or permit can now be denied or canceled based on an officer’s judgment if:

• The official believes the individual may not leave Canada upon their visa’s expiration.
• The applicant fails to meet any additional undisclosed criteria for continued residency.
• There is a perceived risk of policy violations, even without concrete proof.

This means that even those who have entered Canada legally and followed all regulations can face sudden visa cancellations.

Impact on International Students and Workers

The uncertainty surrounding these rules could negatively impact thousands of international students and workers in Canada.

Students at Risk

Canada hosts over 420,000 Indian students pursuing higher education. Many of them make substantial financial investments, including tuition fees, housing, and living expenses. Under the new regulations, students may face:

• Unexpected visa cancellations: Even after starting their studies, a student’s permit can be revoked.
• Risk of deportation: If a visa is canceled while they are still studying, students could be asked to leave Canada on short notice.
• Financial losses: Money paid for tuition, housing, and other expenses may not be refunded.

Challenges for Skilled Workers and Temporary Residents

Workers applying for temporary resident visas (TRVs) or work permits now face increased scrutiny. Border officers can reject permits based on assumptions about a worker’s intentions, making it harder for foreign professionals to secure jobs in Canada.

• If a permit is revoked while a worker is in Canada, they may lose their job and be forced to leave.
• Workers who have invested in housing, rent, or mortgages may face financial difficulties due to sudden deportation.

Tourists and Temporary Visitors Also Affected

Canada is a major travel destination for Indian tourists. In the first six months of 2024 alone, over 360,000 Indian nationals received travel visas. However, these new rules could make it harder for visitors to enter Canada, as officials now have the authority to cancel or deny visas based on their discretion.

No Clarity on Financial Implications

A major concern among affected individuals is the lack of clarity regarding financial losses. Many students, workers, and migrants make significant financial commitments before or during their stay in Canada. Key concerns include:

• Tuition fees: If a student’s visa is revoked, it is unclear whether they will be eligible for refunds.
• Housing and rent: Many workers and students prepay rent or take out mortgages. There is no clear policy on handling such financial obligations if a permit is suddenly canceled.
• Loan repayments: Students and workers who take out loans to finance their stay may face repayment challenges if they are forced to return home unexpectedly.

Recent Policy Shifts in Canada’s Immigration System

This is not the first major change in Canada’s immigration policies. In November 2024, the government shut down the Student Direct Stream (SDS) visa program, which was a preferred route for many Indian students. The SDS program allowed students to fast-track their study permit applications by paying tuition fees upfront. Its cancellation has already caused uncertainty for aspiring students, and these new visa rules add another layer of unpredictability.

What Happens If a Visa or Permit is Rejected?

If an individual’s visa is rejected or canceled, the following steps will be taken:

1. Notification from Immigration Authorities

   • Individuals will receive a formal notification via email and through their IRCC account (Immigration, Refugees, and Citizenship Canada).

2. Entry Denied or Permit Revoked

   • If the rejection occurs at the port of entry, the person will be sent back to their home country immediately.
   • If the rejection happens while the person is already in Canada, they will receive a notice specifying when they must leave the country.

3. No Appeal or Review Process

   • The discretionary nature of these rules means that there may not be a clear appeal process for rejected applicants.

A Step Toward Stricter Immigration Policies?

Canada’s recent visa changes indicate a shift toward stricter immigration controls, making it more difficult for international students, skilled workers, and tourists to enter and remain in the country. The new discretionary powers granted to border officials create uncertainty and financial risks for thousands of foreign nationals.

As the full impact of these changes unfolds, many international applicants are left questioning whether Canada remains a viable destination for education, work, and migration.