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eTA cancelled whilst I am in Canada!

Schengen

Newbie
Sep 19, 2019
2
0
I am currently in Canada as a tourist, after having entered via an eTA, which was approved a good while ago. I have just received an email stating the below. I am 100% certain that I have not breached any rule of my stay and that my entry information on my eTA was and is 100% accurate. What is my next step? If I ring the immigration hotline will they be able to tell me what on earth has happened? As I don’t know how to ‘respond to the concerns’ and reapply, if I don’t know what those concerns specifically are, as 12.06 and 12.07 are quite vague. Is this something I need to consult a lawyer about or is my first step to call the Canadian immigration hotline? I read on the government website that refusal can only be appealed to Federal Court by a lawyer: if it is not appealed and removed*, does a refusal henceforth have to be stated on any subsequent eTA application, and indeed any application to enter the USA? Please advise what on earth might have happened and how to go about correcting what must be misinformation: which would require that I acquire specific knowledge of the supposed breach (can the hotline provide this), and subsequently then can supply proof that I have committed no breach (can I supply this via the hotline or must this be done via the court system with a lawyer). When I check my eTA status, it says there is no record of it and that I must have entered the information (eg passport number or dates) incorrectly.
*indeed, even if it is appealed by a lawyer and removed, does the refusal forevermore have to be stated nonetheless, and again, does this apply to both Canadian and USA applications (and indeed to those to other countries should they ever enquire regarding refusals).

After a review of your file, it has been determined that you no longer meet the requirements for an Electronic Travel Authorization (eTA). As a result, your eTA has been refused and you no longer hold a valid eTA. As such, you should not travel to Canada by air, as you may experience delays or be prevented from boarding your flight and/or entering Canada. Your file is now closed, you may submit a new application at www.canada.ca/eTA. Your eTA has been refused for the following reason(s):
• Your eTA application has been cancelled in accordance with section 12.07 and paragraph 12.06(f) of the Immigration and Refugee Protection Regulations.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Following through google section 12.7 and paragraph 12.6(f) I think leads to 179 (b) which seems maybe to imply they are no longer convinced that if you travel to Canada with that ETA you might not leave when you are supposed to.

A bit late now assuming you are already in Canada authorised entry by CBSA but if when you leave you probably will have a challenge getting a new ETA which by the way just authorises you to board a plane and is not an authority anyway to enter or stay in the country.

The latter decided by CBSA at the border so an ETA is just a pre flight process although also could be in the system somewhere now as a potential overstayer should you leave and try coming back via land border for example.

As your post implies nothing to stop you applying for a new ETA if you put the concerns perceived or not to bed.

As for declaring unfortunately that would be advised especially anything to do with the US as US and Canada share data.

Above just my personal interpretation by the way and assumes you are only a visitor with no other immigration applications in process at this time
 
Last edited:

scylla

VIP Member
Jun 8, 2010
92,786
20,474
Toronto
Category........
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Buffalo
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Pre-Assessed..
App. Filed.......
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AOR Received.
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I am currently in Canada as a tourist, after having entered via an eTA, which was approved a good while ago. I have just received an email stating the below. I am 100% certain that I have not breached any rule of my stay and that my entry information on my eTA was and is 100% accurate. What is my next step? If I ring the immigration hotline will they be able to tell me what on earth has happened? As I don’t know how to ‘respond to the concerns’ and reapply, if I don’t know what those concerns specifically are, as 12.06 and 12.07 are quite vague. Is this something I need to consult a lawyer about or is my first step to call the Canadian immigration hotline? I read on the government website that refusal can only be appealed to Federal Court by a lawyer: if it is not appealed and removed*, does a refusal henceforth have to be stated on any subsequent eTA application, and indeed any application to enter the USA? Please advise what on earth might have happened and how to go about correcting what must be misinformation: which would require that I acquire specific knowledge of the supposed breach (can the hotline provide this), and subsequently then can supply proof that I have committed no breach (can I supply this via the hotline or must this be done via the court system with a lawyer). When I check my eTA status, it says there is no record of it and that I must have entered the information (eg passport number or dates) incorrectly.
*indeed, even if it is appealed by a lawyer and removed, does the refusal forevermore have to be stated nonetheless, and again, does this apply to both Canadian and USA applications (and indeed to those to other countries should they ever enquire regarding refusals).

After a review of your file, it has been determined that you no longer meet the requirements for an Electronic Travel Authorization (eTA). As a result, your eTA has been refused and you no longer hold a valid eTA. As such, you should not travel to Canada by air, as you may experience delays or be prevented from boarding your flight and/or entering Canada. Your file is now closed, you may submit a new application at www.canada.ca/eTA. Your eTA has been refused for the following reason(s):
• Your eTA application has been cancelled in accordance with section 12.07 and paragraph 12.06(f) of the Immigration and Refugee Protection Regulations.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
have you applied for a work permit or study permit?
 

Schengen

Newbie
Sep 19, 2019
2
0
Thank you for all your replies. I have been in Canada for 11 months, having applied to extend the six months at the six-month mark, and been approved for a longer visitor record. Prior to that I had visited Canada once before in my life, for about a week or two, over ten years ago. At the time of my application to extend, I provided full evidence of my means of financial support and how I had been using it so far (proof of finances and also card statements for my six months in Canada at the time I applied), and have been living solely off that, as my card statements, accommodation trail, and receipts will show in full.
I have not applied for a work permit or study permit and have no intentions to do so. I will leave Canada by the date I am supposed to, there was and is no question of that.

I wonder whether any more information can be garnered from calling the hotline or will they simply know what is written on the letter?
As mentioned I can’t address the issue if I don’t know what it is.

Alternatively I could engage a lawyer but don’t wish to be heavy handed and prejudice any subsequent visits?

As mentioned, even if I do engage a lawyer, will the ‘refusal’ still have to be forevermore declared to both Canada and the States? Or, would a legal challenge ‘wipe’ this?

I am still uncertain what would trigger a ‘review of your file’ given that my touristic stay has been approved and nothing has changed with regards to that.

Finally, I am due to leave Canada quite shortly - I could stay a little longer (legally) to try and sort this out from within Canada - ought I do this or can this be addressed from overseas?

Thank you again for your time.
 

bellaluna

VIP Member
May 23, 2014
7,378
1,767
I am completely guessing here, but I think the length of stay did trigger it, even if it was all legal and approved. They probably just want you to apply again the next time you intend to re-enter Canada so they can carefully review your circumstances by then. I could be wrong.

If that's the case, my tip for you would be to stay out of Canada for at least a year and then apply for a new eTA.