Canada: Canada Reestablishes Visa Requirements For Most Mexican Citizens

The Government of Canada recently announced that it would be reimposing the temporary resident visa (TRV) requirement on Mexican citizens travelling to Canada, with limited exceptions. As of February 29, 2024, most Mexican citizens travelling to Canada must either satisfy the new eTA eligibility requirements or obtain a TRV from a Canadian consular post.

Most electronic travel authorizations (eTAs) that were granted to Mexican citizens, prior to February 29, 2024, have now been automatically cancelled. However, the following exceptions apply:

• Mexican citizens who already hold a valid Canadian work permit or study permit will not have their eTA's cancelled. They may continue to travel to Canada by air, as long as their eTAs are still valid.
• A Mexican citizen who was previously approved for a new work permit or study period, but who has not travelled to Canada yet, will not need to apply for a new eTA or TRV.

Background

On December 1, 2016, the Government of Canada lifted the TRV requirement for Mexican citizens travelling to Canada. As a result, Mexican citizens no longer required TRVs in order to enter Canada. However, they were required to obtain a valid eTA when travelling to Canada by air.

Unfortunately, the lifting of the TRV requirement caused a significant increase in asylum claims made by Mexican citizens. Mexico's asylum claim rate has risen significantly since 2016, increasing from 250 claims in 2016 to 25,236 claims in 2023. During 2023, asylum claims made by Mexican citizens alone represented more than 18% of all asylum claims made during that year.

The recent reinstatement the TRV requirement for Mexican citizens is intended to address this concern.

Current rules for Mexican citizens

As mentioned above, most Mexican citizens now require a valid TRV in order to travel to Canada. However, some Mexican citizens remain eligible to apply for eTAs under the new rules. If they are successful in obtaining new eTAs, they may travel to Canada without a TRV under limited circumstances.

In order to apply for an eTA under the current rules, Mexican citizens must satisfy all three of the following a requirements:

• They must either:
  • Have previously held a Canadian TRV in the past 10 years; or
  • Currently hold a valid United States (US) nonimmigrant visa.
    
    In the case of a US nonimmigrant visa holder, it must be valid on the day that the traveler applies for their eTA, but not when they travel to Canada. Mexican Border Crossing Cards (BCCs) are sufficient to satisfy this requirement since the US Department of State (DOS) considers a BCC to be a B-1/B-2 visa as well.

• They must be coming to Canada for a short visit, business or tourist activity (normally for stays of up to six months). In other words, they cannot be seeking admission as a work permit holder or student).
• They must be flying to (or transiting through) a Canadian airport,using a valid Mexican Passport.

Between December 1, 2016, and February 28, 2024, visa-exempt Mexican citizens required eTAs to travel to Canada by air but not when travelling by land or by sea. Under the new rules, Mexican citizens still require TRVs to enter Canada by land or by sea (e.g., by car, bus, train or boat, including a cruise ship even if they do not intend to leave the ship).

Although visa exempt foreign nationals who hold valid eTAs are normally permitted to apply for their work permits at the time of entry to Canada, Mexican citizens are no longer able to do this. Even Mexican citizens who obtain new eTAs, on or after February 29, 2024, must still apply for their work permits through a Canadian consular post before travelling to Canada.

Fortunately, Mexican citizens who successfully obtain new eTAs may still enter Canada as tourists and business visitors (this includes performing after-sales service). They may also perform other activities that do not typically require a formal work permit, including work activities under the short-term work permit exemption.