Canadian Immigration Law | Weekly Digest

Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Yukon Healthcare Professionals

??) Sudan Conflict-Affected Permanent Residency Policy

??) New Visa Application Centre Opens in Portugal

??) Atlantic Canada Skilled Trades Recruitment Strategy

??) Alberta to Combat Human Trafficking

??) British Columbia PNP Language Proficiency Test

??) Nova Scotia Boosts Immigration in Healthcare and Construction

??) PEI's Strategic Population and Immigration Adjustment

????) Department of Citizenship and Immigration - Board Appointments

????) Latest PNP Draws


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  • Study Permit Refusal: In Ajirotutu, 2024 FC 237, the Federal Court granted judicial review regarding a denied study permit for a Nigerian businessman, owning 80% of a company and applying to a two-year program at Fanshawe College with $18,538.25 annual tuition. Despite fully paying the first year’s tuition and proving financial sponsorship from his company holding $249,292.88, the visa officer doubted the financial ties and intention to leave Canada post-study. The court deemed the decision unreasonable, highlighting the applicant's substantial control and the company’s clear financial backing. The matter is remitted for reevaluation by a different officer. Read more


  • PGWP Refusal Challenge: In Adeniran, 2024 FC 229, the Federal Court granted judicial review to an applicant whose post-graduate work permit (PGWP) was refused due to part-time enrolment in his final academic session at York University. The court found the visa officer's decision unreasonable, failing to consider the "final academic session" exception allowing part-time status in the program's requirements. Despite the government's contention that "academic session" refers to a four-month term, the court sided with the applicant, emphasizing the program's flexibility across different academic institutions. The case is remanded for a redetermination within four weeks. Read more


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  • Government Investment in Yukon Healthcare Professionals: On February 20, 2024, a $3.65 million funding from Employment and Social Development Canada (ESDC) through the Foreign Credential Recognition Program was allocated to Yukon's government. Over four years, this funding will support the integration of internationally trained health professionals into the local healthcare system, including establishing licensure processes and a Credential Recognition Centre. Aiming to assist 150 newcomers via a nurse bridging program, the initiative concentrates on practical nurses, registered nurses, psychiatric nurses, nurse practitioners, and midwives. Read more Yukon News Release: Read more


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  • Sudan Conflict-Affected Permanent Residency Policy: In response to the conflict that began in Sudan on April 15, 2023, Canada is offering a pathway to permanent residency for foreign nationals with family connections in Canada. This policy grants exemptions from specific immigration requirements to qualified applicants. Eligibility criteria include residing in Sudan at conflict start, no resettlement options outside Canada or Sudan, intention to live outside Quebec, and submission of an online application. Applicants must identify a qualifying anchor (specified in Annex A) and satisfy family relationship conditions. The policy, effective as of February 27, 2024, is set to conclude a year from its inception or after 3,250 applications have been processed, whichever occurs first. Read more News release: Read more


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  • New Visa Application Centre Opens in Portugal: IRCC expands its global network by opening a new Visa Application Centre (VAC) in Lisbon, Portugal, on February 26, 2024, increasing the VAC network to 163 locations across 110 countries. Managed by private companies contracted by the Canadian government, VACs facilitate document submission and biometric collection for visa applications. This move aims to streamline visa processing and enhance client service, offering Portuguese citizens and residents easier access to visit, study, or work in Canada. Read more


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  • Atlantic Canada Skilled Trades Recruitment Strategy: Announced on February 20, 2024, the Construction Association of Prince Edward Island (CAPEI) will lead a regional recruitment and retention strategy to address the shortage of skilled trades in the Atlantic Canada construction sector. Supported by $370,000 in funding, this initiative aims to develop an immigration strategy to connect construction companies with skilled international workers. The strategy includes participation in international recruitment events, integration training, and support for companies, and facilitating the hiring process for in-demand construction roles across the region. Read more PEI News Release: Read more


  • Alberta Allocates $3.5M to Combat Human Trafficking: On National Human Trafficking Awareness Day, Alberta's government announces $3.5 million in support for 20 anti-human trafficking organizations. This funding aims to address the province's critical shortages in community services for survivors, enhancing frontline services, operational capacity, and outreach to vulnerable groups like youth, Indigenous peoples, and newcomers. Read more


  • British Columbia PNP Language Proficiency Test: The Pearson Test of English (PTE Core) was officially recognized by IRCC on January 30, 2024, as an approved language proficiency test. However, the British Columbia Provincial Nominee Program (BC PNP) has not yet adopted PTE Core and continues to accept IELTS General Training, CELPIP-General, TEF, and TCF. BC PNP plans to start accepting PTE Core in fall 2024. Read more


  • Nova Scotia Boosts Immigration in Healthcare and Construction: In 2023, Nova Scotia approved 6,830 immigration applications, including significant increases in healthcare and construction professionals. With a 70% retention rate, the province commits an additional $3 million for newcomer support services. Nova Scotia's population reaches 1,066,416, driven by migration and welcoming 11,800 new permanent residents primarily from India, the Philippines, China, Nigeria, and South Korea. Read more


  • PEI's Strategic Population and Immigration Adjustment: On February 22, 2024, PEI unveiled its "Growing Together" framework, a strategic approach to manage growth and align immigration with provincial needs, focusing on infrastructure, workforce, and sustainability. In 2024, PEI will refine its immigration targets, cutting nominations by 25% to alleviate pressures on services. The 2024 forecast sets specific targets: Healthcare (300 from 210 in 2023), Construction (185 from 80), Manufacturing & Processing (435 from 380), and other sectors, aiming to balance new resident integration with infrastructure and service capacity enhancements. Read more


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  • Department of Citizenship and Immigration - Board Appointments: Under the College of Immigration and Citizenship Consultants Act, the Minister appointed Normand Beaudry, Timothy D’Souza, Jennifer Henry, Ben Rempel, and Gagan Jot Singh as board directors of the College of Immigration and Citizenship Consultants (CICC) for a two-year term from March 7, 2024, to March 6, 2026. This step strengthens the regulatory framework for immigration consultants to protect newcomers. The College acts as the profession's official regulator, with these appointments following a transparent and merit-based selection process initiated in 2022. Canada Gazette, Part I, Volume 158, Number 8:?Read more


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  • March 1, 2024: Launch of the Tourism and Hospitality Immigration Stream by the Alberta Advantage Immigration Program (AAIP) to meet the labor demands of Alberta's tourism and hospitality sectors. Read more News Release: Read more

  • March 12, 2024: Special processing measures in response to the 2023 earthquake in Morocco come to an end. Read more

  • March 15, 2024: Amendments to the Immigration and Refugee Protection Act streamlining the cancellation process for immigration documents following a removal order, leading to the automatic invalidation of TRVs, eTAs, and TRPs. Canada Gazette, Part II, Volume 158, Number 4: Read more

  • April 30, 2024: Temporary policy that allows international students in Canada to work more than 20 hours per week off-campus comes to an end. Read more Temporary Policy: Read more

MOHAMMED RAHMANI

Management Controller / Optimization Manager @ QUALIPRIM | Operations, New Business Development

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