Immigration | Do I need to apply for a Canadian visa if I have US documents?

Dear Miss Powell,

I have been seeing information online saying that if you have a valid US visa, you can use an Electronic Travel Authorization, or eTA, to visit Canada instead of applying for a Canadian visitor visa. I am Jamaican and I hold a valid US B1/B2 visitor visa. Is this true?

K.C.

Dear K.C.,

If you are travelling with a Jamaican passport to Canada, do not assume that, since you have a valid US visitor visa, you are automatically allowed to travel to Canada eTA.

Canada does allow citizens of some visa-required countries to apply for an eTA rather than a visitor visa. It is a much shorter process than a visitor’s visa application. However, three conditions must be met. First, the traveller must hold a passport from a country that Immigration, Refugees and Citizenship Canada (IRCC) has designated for the programme.

Second, the traveller must either have held a Canadian visitor visa in the past 10 years or hold a US non-immigrant visa that is valid on the day the eTA application is made.

Third, the traveller must be flying to or transiting through a Canadian airport.

THE PROGRAMME IS LIMITED TO LISTED COUNTRIES

The Caribbean countries on the list are Antigua and Barbuda, St. Kitts and Nevis, St Lucia, St Vincent and the Grenadines, and Trinidad and Tobago. Others include Argentina, Brazil, Costa Rica, Indonesia, Malaysia, Mexico, Morocco, Panama, the Philippines, Seychelles, Thailand and Uruguay.

Jamaica is not on that list. Your B1/B2 visa therefore does nothing for you here. You need a Canadian temporary resident visa, commonly called a visitor visa. So do citizens of the listed countries who arrive by car, bus, train or ship, because the eTA option applies to air travel only.

GREEN CARD HOLDER

A US visitor visa and US permanent residence are not the same thing, and readers regularly confuse them.

If you are a Jamaican citizen who has been lawfully admitted to the United States for permanent residence, you need neither a Canadian visitor visa nor an eTA. Paragraph 190(1)(c) of the Immigration and Refugee Protection Regulations exempts you from the visa requirement, and since April 26, 2022, lawful permanent residents of the United States are exempted from the eTA requirement. You must travel with a valid passport and valid proof of your US permanent resident status, whether you come by air, land or water.

The general claim that a valid US visa is enough to allow you to get an eTA is accurate only for citizens of the designated countries.

BEFORE YOU BOOK

You should not rely on AI or search engines alone for something as important as this. I strongly recommend that you check your own position using the official tool on Canada.ca. That is the official website of the Canadian government. The tool there asks for your citizenship, your status in the United States, and your method of travel. If it tells you that a visitor visa is required, apply and allow time for processing before you commit to travel dates. These rules can change without notice, so confirm the requirements shortly before you depart rather than relying on what you read months earlier. If your circumstances are complicated, for example, a previous refusal or a pending US application, consult a Canadian immigration lawyer before you apply.

Having a US visa is valuable. It forms part of your travel history and may be relevant when your application is assessed by Canada. Your goal should be to save time and money by submitting the correct application on the correct basis and put forward the strongest evidence that you meet Canada’s requirements for temporary residence or a visitor’s visa.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.