Border guards can cancel temporary visas in addition to turning people away

The border crossing between Canada and the U.S.A. at the Emerson Port of Entry, in Emerson, Man., Tuesday, Feb. 4, 2025. THE CANADIAN PRESS/David Lipnowski

OTTAWA — A notice published Wednesday by Immigration Refugees and Citizenship Canada gives border guards the “explicit” authority to revoke temporary resident visas and electronic travel documents in certain circumstances.

Border guards have always been able to turn people away if they believe someone will overstay their allotted time in Canada, and this order is meant to “clarify” they are able to revoke a temporary visa for that reason.

Border and immigration officers are also now able to revoke documents if a holder is deemed inadmissible to Canada or if it’s lost, stolen, destroyed or abandoned.

Immigration lawyer Zool Suleman sees this change as a clarification of the powers that border guards have, noting they have long been able to deny non-residents entry to Canada.

Still, he said there may be a need for additional oversight.

“For instance, if there are certain border officers who are repeatedly revoking visas, that needs oversight,” Suleman said.

“The problem is when people are coming into Canada, they usually don’t know their rights. They do not have a lawyer by their side. And often, while they’ll be unhappy, they will accept the decision. And if you’re outside the country, it’s much harder to appeal your rights.”

Temporary resident visas are issued to visitors, students and workers coming to Canada and do not guarantee entry to the country.

Immigration and border officers are also able to cancel these documents if a holder becomes a permanent resident, dies or finds they were issued through an administrative error.

An official in Immigration Minister Marc Miller’s office says the recent changes will help remove temporary visas that have become redundant when the federal government does an inventory of existing visas.

They said that for example if someone comes to Canada with a work visa, but then later becomes a permanent resident, their visa may still be counted as active if it is not cancelled.

This is part of the government’s broader immigration plan, which includes limiting the number of temporary visas being issued over the next two years. The department is looking to clear our redundant documents to ensure accurate records.

This report by The Canadian Press was first published Feb. 13, 2024.

David Baxter, The Canadian Press