In this article, you will discover how a Canadian work permit refusal due to a lack of “intent to return” can automatically cancel your Electronic Travel Authorization (eTA). You will also learn about the relevant immigration regulations (IRPR) and the serious consequences this event has on your future travel plans.
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Introduction to eTA Cancellation
Many applicants seeking to migrate to Canada face unexpected immigration issues. A common oversight can cost you your current travel authorization to Canada.
An Electronic Travel Authorization (eTA) allows visa-exempt citizens to enter Canada by air. An eTA is usually valid for up to five years or until your passport expires.
However, this validity is strictly conditional. Your eTA can be cancelled before its expiry date under specific legal circumstances.
The Real Case: IRCC Notification
Recently, a client received an email from Immigration, Refugees and Citizenship Canada (IRCC). The email stated that their eTA was cancelled.
The letter cited Section 12.07 and Paragraph 12.06(g) of the Immigration and Refugee Protection Regulations (IRPR).
Understanding the Legal Framework (IRPR)
The law dictates strict rules regarding your travel authorization. According to Paragraph 12.06(g), losing your work permit eligibility affects your eTA.
Once your work permit is refused for specific reasons, you automatically lose eTA eligibility. An immigration officer then has the authority to formally cancel your eTA under Section 12.07.
Work Permit Refusal and Intent to Return
When applying for a Canadian work permit, specific conditions apply. Under IRPR Paragraph 200(1)(b), the immigration officer must be satisfied with your documents.
They must believe you will leave Canada at the end of your authorized stay. This requirement is known as the “intent to return.”
If the officer believes you will not leave, they refuse your work permit.
A weak or incomplete application is not just a simple refusal. A refusal can cancel your current travel authorization.
It is recorded in your file and complicates your future immigration path. This risk is very high if you previously faced a refusal from provincial programs like the New Brunswick Startup program.
The Consequences of eTA Cancellation
This situation carries severe consequences for your travel and immigration plans:
- No Air Travel: You can no longer enter Canada by air. If you go to the airport, you will be denied boarding. Entering Canada without notice causes serious border issues.
- Immigration Record: This refusal is permanently recorded in your immigration history. You must declare this history in all future applications for Canada or other countries.
- Complex Reapplication: To reapply, you must identify and resolve the refusal reasons first. This process is nearly impossible without reviewing the officer’s notes.
Practical Recommendations
Before applying for a Canadian work permit, review your case thoroughly. Consult with a Canadian lawyer to safeguard your application.
The cost of a proper consultation is far less than the cost of a refusal.
Frequently Asked Questions (FAQ)
Why was my Canadian eTA cancelled after a work permit refusal?
Under IRPR Section 12.06 Paragraph G, a work permit refusal due to lack of intent to return automatically disqualifies you from holding a valid eTA.
Can I still fly to Canada if my eTA is cancelled?
No. You cannot board a plane to Canada without a valid eTA. Attempting to enter will cause serious issues at the border.
What should I do if my work permit is refused?
You must identify the refusal reasons. It is highly recommended to obtain the immigration officer’s notes and consult a lawyer.
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