Canada's New Visa Rules Allow Officials to Cancel Work and Study Permits, May Impact Indians

Ottawa: The new visa rules introduced by Canada to curb migration are expected to have an adverse effect on thousands of foreign students including Indians. The new Immigration and Refugee Protection Regulations allow border officials to cancel work and study permits.

Canada's New Visa Rules Authorise Officials to Cancel Study and Work Permits

The Immigration and Refugee Protection Regulations in Canada, which came into effect at the beginning of this month, have authorised border officials to alter the visa status of migrants, workers, and students by cancelling their work permits and study permits. The officials can reject temporary resident documents including electronic travel authorisations and temporary resident visas.

The cancellation of the work or study permit must have a basis - if the officer does not believe that an individual will leave Canada after his authorised stay is over and the visa expires, he/she may cancel or reject the permit/visa. This decision is totally dependent on the official and is a discretionary power for the official. This comes three months after the Student Direct Stream (SDS) Visa Program was shut down by Canada in November.

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How Will New Visa Rules in Canada Impact Indians?

Canada is one of the most popular and preferred countries for Indian students, legal migrants, and workers; the new visa rules are expected to impact these people and are also likely to cause a hindrance in their higher education in Canada or professional experience. In case the visa of an individual is rejected at the entry itself, he/she will have to go back to their home country, and since the officials also have the power to send an individual back to their own country during the stay in Canada, they may also have to leave their education or work midway, by a specified date.

In case you are wondering how you will know if you are being sent back, you will receive a notification via email and also the IRCC account by Immigration, Refugees and Citizenship Canada. No information has been given about what will happen to the money that you have invested or paid towards loans, mortgages, rent, or education.

H-1B Visa Registrations Open Soon | All You Need to Know

In other news, the registration period for the H1-B Visa will open on March 7 and the last day for registration is March 24. The fee for the visa registration for FY 2025-26 is $125 per beneficiary. The beneficiary-focused strategy, which was first introduced for the registration and lottery process, is anticipated to remain in effect in 2026. 

Under this approach, each beneficiary is recorded only once, no matter how many registrations are submitted on their behalf. The system utilizes each beneficiary’s passport number as a unique identifier, allowing for accurate tracking of lottery participation. This method was designed to eliminate duplicate entries for the same individual, thereby minimizing the risk of system manipulation.

Recent reports suggest that the US Citizenship and Immigration Services (USCIS) anticipates receiving more than 85,000 registrations for the H-1B visa, exceeding the annual limit. Once the registration period concludes, USCIS will hold a lottery to choose enough beneficiaries to fulfill the 65,000 annual cap for the H-1B program. Furthermore, there will be a secondary lottery for those with US advanced degrees who were not picked in the initial selection, giving them another chance to be selected through a random draw.