Canada Reinstates Visa Requirement for Mexican Nationals
Effective February 29, 2024 at 11:30 p.m. Eastern Time, Mexican nationals will be required to obtain a visa to travel to Canada with certain exceptions.
The Background
In 2016, the Canadian government lifted the visa requirement for Mexican nationals to facilitate entry under the Canada-US-Mexico Agreement (formerly NAFTA). Mexicans were able to travel visa-free to Canada using an Electronic Travel Authorization (eTA). The current policy reinstating the visa requirement is in response to the influx of asylum claims from Mexican nationals which rose to 25,000 in 2023. The majority of these claims (approximately 60%) were either rejected by the Immigration and Refugee Board of Canada, or withdrawn or abandoned by the applicant.
Changes for Visitors (Tourists and Business Travelers):
To now be eligible for an eTA, the following three (3) requirements must be met:
The individual must have a valid Mexican passport to fly to Canada or transit through a Canadian airport to another destination;
The individual is coming to Canada for a period of up to 6 months; and
The individual either:
Has held a Canadian visitor visa in the past 10 years; or
Currently holds a valid United States nonimmigrant visa.
eTAs will only be valid for travel to Canada by air only. Individuals who do not meet the eTA requirements or are traveling to Canada by private car or bus through a land port of entry or by sea will be required to apply for a visa online via a consulate.
Importantly, Mexican nationals already in Canada with an existing eTA will have their eTA canceled unless they have a valid work or study permit. These individuals may remain in Canada as long as they are authorized to do so. Visitors who had an eTA or submitted an application for an eTA before 11:30 PM ET on February 29, 2024 will not be able to use it for travel.
Mexican nationals who are lawful permanent residents of the United States (green card holders) are not affected by the new policy and can continue to travel to Canada with their valid passport and US green card without the need for an eTA.
Changes for Workers:
Holders of valid work permits and study permits may continue to use their status documents and eTAs to enter Canada.
New work permit applications for Mexican nationals must be submitted to a consulate outside of Canada. Port of Entry applications will no longer be accepted. Mexican nationals applying for a new work or study permit will automatically be issued a new visa or eTA when the work or study permit is approved.
What this means for our clients:
Companies employing Mexican nationals will need to adjust hiring timelines. Individuals normally entitled to apply for work permits at an airport or land border may now need to file consular applications in advance of their entry which can take several weeks to several months, depending on consular capacity. Employers will also need a longer runway to plan for business travel for Mexican nationals who will be required to file for a visa unless they are eligible for an eTA.