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??) Recent Immigration Case Law
??) The Apostille Convention
??) Atlantic Premiers Focus on Immigration
??) SIN Applications for International Individuals
??) TRV Processing Policy Ends
??) Canada Increases Refugee Support
??) 2024 IEC Season Launch for International Youth
??) Extended Work Hours for International Students
??) Support for Families Departing Sudan
????) Post-Graduate Work Permit Updates
????) Language Test Equivalency
????) International Organization for Migration Support
????) Special Measures for Iranian Nationals and Earthquake Relief
????) International Experience Canada Update
????) Streamlined Inadmissibility Process for Transborder Criminality
????) Preclearance in the United States
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- Stay of Removal Granted: In Serna Medina, 2023 FC 100, the Federal Court granted a stay of removal for two Mexican citizens facing deportation after their refugee claim, based on fear of a criminal cartel, was denied. The Court acknowledged the serious question for judicial review, potential irreparable harm from removal, and the balance of convenience favoring the applicants. They had challenged a negative Pre-Removal Risk Assessment, citing ineffective assistance from former counsel. Removal is stayed until the judicial review decision. Read more
- Writ of Mandamus Granted: In Asiedu, 2023 FC 1523, the Federal Court mandated the Minister of Citizenship and Immigration to decide on a family's permanent residence application within 90 days. The application had been pending for over three years without action, leading the Court to deem the delay unreasonable. The Court granted the judicial review request, issuing a writ of mandamus. Read more
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- Simplified Document Authentication in Canada Starting 2024: Foreign nationals using foreign documents in Canada will benefit from Canada's accession to the Apostille Convention. From January 11, 2024, Canada will recognize apostille certificates for foreign public documents from the other 125 member countries. This means that foreign documents authenticated with an apostille in their country of origin will be accepted in Canada without additional certification steps. This simplification facilitates the recognition of foreign documents like birth certificates, marriage certificates, and educational records in Canada, making processes like immigration, education, and employment smoother for foreign nationals. Global Affairs Canada: Read more British Columbia: Read more The Apostille Convention: Read more
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- Atlantic Premiers Focus on Immigration: Atlantic Premiers discussed the critical role of immigration in addressing labor needs and boosting economic growth in their region. They highlighted the valuable contributions of newcomers and explored solutions for labor mobility and foreign credential recognition. Concerns were raised about reduced Atlantic Immigration Program levels and unchanged Provincial Nominee Program levels in the federal government's 2024-2026 plan. The Premiers emphasized the necessity of collaborating with the federal government to align immigration programs with the region's specific labor market needs. Council of Atlantic Premiers: Read more Prince Edward Island: Read more
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- SIN Applications for International Individuals: Employment and Social Development Canada (ESDC) advises international students and workers to apply online for a Social Insurance Number (SIN). This method provides a faster and more convenient process, with SINs typically available within 5 days through My Service Canada Account and by mail in 10 business days. Service Canada's in-person SIN clinics at educational institutions and community organizations have assisted over 9,000 individuals since September 2023. Read more SIN Clinics for International Students: Read more
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- Temporary Resident Visa (TRV) Processing Policy Ends: As of December 15, 2023, the temporary policy for expedited TRV processing to address COVID-19 backlogs concluded. Current visas are valid until expiration, with ongoing efforts to manage the growing number of visitor applications. Read more
- Canada Increases Refugee Support: On December 15, 2023, Canada commits $21 million for Afghan refugees and aims to resettle 136,000 refugees in three years. The Economic Mobility Pathways Pilot becomes permanent, with new educational pathways for refugee students. Additionally, Canada aids Mexico via the International Organization for Migration (IOM) to tackle climate-induced displacement. Read more Backgrounder: Read more
- 2024 IEC Season Launch for International Youth: On December 11, 2023, IRCC opened the 2024 International Experience Canada (IEC) Program. Nearly 90,000 youths from partner countries can now apply to work and travel in Canada. The program, now with new agreements with Finland, Iceland, and Ukraine, and updated ones with South Korea and the UK, reciprocates for Canadian youth seeking international experience. Enhanced automation will streamline application processing, benefiting both the Canadian labor market and the tourism industry. Read more IEC Website: Read more
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- Extended Work Hours for International Students: From January 1 to April 30, 2024, international students in Canada can work more than 20 hours per week off-campus. This policy applies to those with study permit applications submitted between October 8, 2022, and December 7, 2023. It includes co-op and internship participants and ensures that exceeding the 20-hour limit will not affect future immigration applications. Read more Amended Policy: Read more
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- Immigration Support for Families Departing Sudan: On December 15, 2023, IRCC provided clarification on permanent residence eligibility under the family class for families of Canadian citizens and residents departing Sudan. Read more Extension of temporary public policy for nationals of Sudan (October 27, 2023): Read more
- Post-Graduate Work Permit Updates: On December 15, 2023, IRCC extended special measures for distance learning and PGWP validity, including guidelines for study permit holders working under the International Mobility Program. Read more
- Language Test Equivalency: IRCC announced on December 14, 2023, new guidelines on equivalency between NCLC (for French) and TEF language test results. This includes the use of updated language test equivalency charts. Additionally, IRCC anticipates accepting the Pearson Test of English Core (PTE Core) by early 2024. Read more
- International Organization for Migration Support: On December 14, 2023, IRCC released new instructions regarding the collaboration with the International Organization for Migration (IOM) in the resettlement program. Read more
- Special Measures for Iranian Nationals and Earthquake Relief: On December 13, 2023, IRCC issued new guidelines for Iranian nationals and those affected by the 2023 Türkiye-Syria earthquakes, requiring applicants to be in Canada at the time of the application and when the decision is made. Read more
- IEC Bilateral Agreements and Arrangements: Announced on December 11, 2023, Canada's International Experience Canada (IEC) program has new agreements with Iceland and revised youth mobility agreements with the UK, South Korea, and Chile for the 2024 season. Key updates include: UK participants allowed two participations for a total of 36 months; South Korea introduced two participations with new Young Professionals and International Co-op categories; in Chile, only students enrolled in Chilean schools are eligible for the International Co-op category. Read more
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- Streamlined Inadmissibility Process for Transborder Criminality: The Canada Border Services Agency (CBSA) proposes regulation changes to simplify the inadmissibility and removal processes related to transborder criminality. The focus is on narrowing the scope of considered offenses and transferring the authority to issue removal orders for straightforward offenses from the Immigration Division to the Minister’s Delegate. This proposal, which enhances efficiency and minimizes unnecessary legal proceedings, is open for public comments until January 15, 2024. Canada Gazette, Part I, Volume 157, Number 50: Read more
- Preclearance in the United States: CBSA introduced new regulations under the Preclearance Act, 2016, to facilitate Canadian land preclearance operations within the United States. These regulations allow Canadian border officials to conduct customs and immigration checks on U.S. territory, aiming to expedite the movement of travelers and goods while reinforcing security measures. Stakeholder feedback is welcome until January 15, 2024. Canada Gazette, Part I, Volume 157, Number 50: Read more
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