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michael6646

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Mar 19, 2025
2
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Hello, I'm new here, hoping someone can advise or direct me where to go.

My mother-in-law is a Mexican citizen, who has been staying with my wife and I, both Canadian citizens, for the past few several years helping to bring up our children. She had a Canadian 10 year visa, which expired last year. At which point she applied for an eTA, and was granted it. She has never overstayed her time here, has always applied for and been granted an extension if needed (such as during covid).

As the rest of her kids (and grandchildren) are in Mexico, she does travel back there every three to six months to maintain the requirements of her eTA and Visa.

i will also add she holds a valid US visa, renewed last year.

Last week, my wife and her mother crossed the border to the US by car, because it was to be a nice little trip for them and also to reset the 6 month requirement. Absolutely no problems at US Customs.

Upon her return to Canada though, she was detained for about 8 hours, and threatened to have her eTA revoked as she had violated the eTA rules. She had overstayed by one day in Canada apparently, and was also advised that she was not permitted to travel by land, her eTA was only valid by air. Apparently that is how all eTA's are now? (we weren't aware of this, not that it really matters of course). They told my wife she could come back no problem, but her mother was not being allowed back in.

Eventually, they let her turn around and travel back to the US, where she was able to book a flight back to Canada. There were no issues upon her return, Customs let her through no problem, even though there was a note on her file about travelling by land. We assumed everything was fine now, despite having to pay an extra $1000 in airfare.

Fast forward one week, she receives a notification that her eTA has been revoked. The explanation is incredibly vague, but it sounds like a custom official decided to cancel it after the fact.

The exact wording is :

" Your eTA application has been cancelled in accordance with section 12.07 and paragraph 12.06(e) of the Immigration and Refugee Protection Regulations. "

I understand that the advise is to correct whatever was wrong before reapplying... but there is nothing to correct. Nothing has changed in the past 10 years,

Also, does she now have to leave the country immediately as she no longer holds a valid eTA?

Maybe best to talk to an immigration lawyer about this?
 
Hello, I'm new here, hoping someone can advise or direct me where to go.

My mother-in-law is a Mexican citizen, who has been staying with my wife and I, both Canadian citizens, for the past few several years helping to bring up our children. She had a Canadian 10 year visa, which expired last year. At which point she applied for an eTA, and was granted it. She has never overstayed her time here, has always applied for and been granted an extension if needed (such as during covid).

As the rest of her kids (and grandchildren) are in Mexico, she does travel back there every three to six months to maintain the requirements of her eTA and Visa.

i will also add she holds a valid US visa, renewed last year.

Last week, my wife and her mother crossed the border to the US by car, because it was to be a nice little trip for them and also to reset the 6 month requirement. Absolutely no problems at US Customs.

Upon her return to Canada though, she was detained for about 8 hours, and threatened to have her eTA revoked as she had violated the eTA rules. She had overstayed by one day in Canada apparently, and was also advised that she was not permitted to travel by land, her eTA was only valid by air. Apparently that is how all eTA's are now? (we weren't aware of this, not that it really matters of course). They told my wife she could come back no problem, but her mother was not being allowed back in.

Eventually, they let her turn around and travel back to the US, where she was able to book a flight back to Canada. There were no issues upon her return, Customs let her through no problem, even though there was a note on her file about travelling by land. We assumed everything was fine now, despite having to pay an extra $1000 in airfare.

Fast forward one week, she receives a notification that her eTA has been revoked. The explanation is incredibly vague, but it sounds like a custom official decided to cancel it after the fact.

The exact wording is :

" Your eTA application has been cancelled in accordance with section 12.07 and paragraph 12.06(e) of the Immigration and Refugee Protection Regulations. "

I understand that the advise is to correct whatever was wrong before reapplying... but there is nothing to correct. Nothing has changed in the past 10 years,

Also, does she now have to leave the country immediately as she no longer holds a valid eTA?

Maybe best to talk to an immigration lawyer about this?

How much time has she been spending in Canada vs. Mexico in any given 12 month period?

IMO this may be a case where CBSA feels she has been abusing her visitor status and effectively using her visitor status to live in Canada.

Was her passport stamped when she entered Canada via plane? Sounds to me like she was allowed in as a visitor and it's just the eTA that has been canceled.

Certainly speak to a lawyer. Ideally she would stay in Canada for a few weeks and then return to Mexico and remain there for 8+ months before applying for a new visa to come to Canada. I'm saying that based on the assumption that she has been spending a lot of time in Canada.
 
Thanks for your response!

Typically, she's in Canada for 4 months, then back to Mexico for 4 months. My wife and I have a newborn, so she did stay longer than normal this time around, unpaid childcare.

Yes, her passport was stamped upon her return to Canada.

I agree, there was some accusations that she was abusing her visitor status. (not that i agree with the accusation of course).

She is currently applying for PR as well... so by the sounds of it, a lawyer consultation would be a good idea.

Thank you again, i appreciate it!
 
Thanks for your response!

Typically, she's in Canada for 4 months, then back to Mexico for 4 months. My wife and I have a newborn, so she did stay longer than normal this time around, unpaid childcare.

Yes, her passport was stamped upon her return to Canada.

I agree, there was some accusations that she was abusing her visitor status. (not that i agree with the accusation of course).

She is currently applying for PR as well... so by the sounds of it, a lawyer consultation would be a good idea.

Thank you again, i appreciate it!

Just be aware that unpaid childcare can be viewed by IRCC / CBSA as working. So be careful about mentioning that or having her refer to this.

She should be spending more time in Mexico than Canada in any given 12 month period. I expect the longer than normal stay this time may have been part of the problem, as well as the short visit to the US to attempt to reset her status. If she mentioned taking care of your child, that could have aggravated the situation

Sounds like she has been allowed in for six months if her passport was stamped and no date written in. Depending on how long she stays, she will want to remain in Mexico for a while before attempting to apply for a TRV or super visa. I would avoid applying for an extension from within Canada.

How has she applied for PR? Is she being sponsored through PGP?
 
She got incredibly lucky being able to reenter Canada after flying. This is exactly why we all recommend avoiding doing a border run to try to extend visitor status. Would personally suggest returning home if she wants to attempt to visit in the future unless PR application is near completion. IRCC has made it very clear they find her visits problematic. Was there anything about current visit length specified in the ETA cancellation?