Canadian Immigration Law |
Weekly Digest

Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Canada's Border Plan

??) IEC 2025 Season Now Open

??) Citizenship Ceremony at 2025 IIHF World Junior Championship

??) International Migrants Day Statement

??) Entry/Exit Program

??) Open Work Permits for Temporary Resident to Permanent Resident Pathway

??) Ontario’s Working for Workers Act Receives Royal Assent

??) PEI TRNC Program: Supporting Internationally Trained Nurses

????) Yukon Nominee Program 2025 Updates

????) Canada Gazette Updates

????) Updated Forms and Checklists: IMM 5483

????) Latest Express Entry and PNP Draws


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  • Study Permit - Abdul Rahim v. Canada, 2024 FC 2065: Ghanaian citizen applied for a study permit to pursue a bachelor's degree at Cape Breton University. The officer found the applicant inadmissible for misrepresentation, citing inconsistencies in financial documents, including a verified bank statement. The applicant submitted contrary evidence, including a bank authentication letter, but the officer failed to consider it meaningfully. Judicial review granted. The court found the decision unreasonable due to a lack of transparent reasoning and failure to address key evidence. Read more


  • Work Permit - Amini v. Canada, 2024 FC 2052: Iranian citizen’s work permit application was refused, and a five-year misrepresentation inadmissibility imposed, due to a fraudulent LMIA submitted by an immigration consultant without the applicant’s knowledge. Judicial review granted. The court found the decision unreasonable and procedurally unfair because the officer failed to consider the applicant’s submissions regarding fraud, including his efforts to alert IRCC, his inability to access the GCKey account, and his lack of access to the procedural fairness letter. The court also noted the officer’s failure to assess whether the "innocent mistake" exception applied. Read more


  • Home Child Care Provider Class - Dhaliwal v. Canada, 2024 FC 2042: Indian citizen applied for permanent residence under the Home Child Care Provider Class but failed to provide requested documents by the extended deadline. The officer refused the application, concluding that the applicant did not meet the requirements for PR. Judicial review dismissed. The court upheld the decision as reasonable, emphasizing the applicant’s failure to provide necessary evidence. Read more


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Canada's Border Plan. Read more


  • End to "Flagpoling": The government will eliminate the practice of "flagpoling," where temporary residents leave and immediately return to Canada to access immigration services at ports of entry, to reduce resource strain and improve efficiency at borders.


  • New Immigration Controls: Proposed amendments to the?Immigration and Refugee Protection Act?will grant Canada the authority to:Cancel, suspend, or stop accepting immigration applications, and enhance control over immigration documents to safeguard public resources and prevent misuse. Stricter measures for countries that fail to facilitate the return of their citizens under fraudulent entry or removal orders.


  • Safe Third Country Agreement (STCA): The STCA remains in effect, requiring asylum seekers to claim protection in the first safe country they enter (Canada or the U.S.), maintaining border integrity. Expanded in March 2023 to include all land borders and internal waterways, such as the Great Lakes.


  • Asylum System Investment: Budget 2024 includes $743.5 million over five years to stabilize the asylum system, increase processing capacity, and address backlogs in decision-making.


  • Enhanced Cross-Border Coordination: Strengthened information-sharing partnerships with the U.S. and other international allies to monitor migration trends and high-risk individuals. Proposal for a?North American Joint Strike Force?to combat transnational organized crime impacting border security.


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  • IEC 2025 Season Now Open: The International Experience Canada (IEC) program pools for the 2025 season are now open. Eligible individuals aged 18 to 35 (or 18 to 30, depending on their country) can create a profile to work and travel in Canada. Check rounds of invitations to find the first round date for your country. Processing fees are $179.75, with a current processing time of six weeks after completing all requirements. Read more


  • Citizenship Ceremony at 2025 IIHF World Junior Championship: On December 23, 2024, 26 new Canadians from 14 countries will take the Oath of Citizenship in a special ceremony hosted by Hockey Canada during the 2025 IIHF World Junior Championship in Ottawa. Read more


  • International Migrants Day Statement: On December 18, 2024, Canada highlighted its commitment to protecting migrants’ rights, fostering inclusion, and supporting newcomers’ contributions while addressing migration challenges and promoting safe, orderly migration. Read more


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  • Entry/Exit Program: On December 18, 2024, IRCC updated the Entry/Exit instructions by removing a paragraph regarding CBSA’s collection and sharing of traveller entry/exit data under the IRCC–CBSA MOU, which stated that client consent was not required for querying this information. Read more


  • Open Work Permits for Temporary Resident to Permanent Resident Pathway: On December 17, 2024, IRCC announced the extension of the temporary public policy that exempts certain permanent resident applicants from work permit requirements. This policy has been extended until December 31, 2026.?Read more Public Policy: Read more


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  • Ontario’s Working for Workers Act Receives Royal Assent: The Working for Workers Six Act, 2024 introduces measures to support newcomers by expanding immigration pathways for qualified health care workers and establishing stricter standards for immigration representatives. Penalties for violations include fines, multi-year bans, and lifetime bans, aimed at protecting newcomers from exploitation while fostering a robust and fair workforce. Read more


  • PEI TRNC Program: Supporting Internationally Trained Nurses: On December 17, 2024, the PEI Transition to Registered Nursing in Canada (TRNC) program celebrated 34 internationally educated nurse graduates. Since May 2024, this 14-week program has tailored education to Canadian nursing practices, completing 4 of 7 planned intakes, with 21 learners currently enrolled. The RN Bridging Program provides an alternative pathway for internationally trained nurses needing additional training, with the next intake on January 6, 2025. Read more


  • Yukon Nominee Program 2025 Updates: The Yukon Nominee Program will reopen on January 29, 2025, using an intake-based approach. The first intake will accept up to 125 completed applications, closing once the limit is reached. Quarterly intakes are planned, pending IRCC allocation numbers expected in February. This model provides flexibility, prevents over-submission, and aligns with federal immigration targets. About 150 surplus applications from 2024 will carry over into 2025 and count toward the year’s allocations. Read more


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  • Proposed Amendments to the College of Immigration and Citizenship Consultants Regulations: Key measures include establishing a compensation fund for financial losses due to dishonest acts, expanding powers for complaints and discipline management, and increasing oversight of licensees. The College must provide detailed public and ministerial reports, maintain a public register of licensees, and ensure compliance through verifications and disciplinary actions. The proposed rules also allow for disclosure of personal information in cases of professional misconduct or risk of harm. Feedback is open until February 4, 2025. Canada Gazette, Part I, Volume 158, Number 51: Read more


  • Proposed IRPR Amendments (Administrative Penalties and Consequences): Intended to establish an Administrative Penalties and Consequences regime, targeting unauthorized immigration services and misrepresentation. The regime includes penalties up to $1.5 million, inspection powers for IRCC officers, formal notices for violations, and mandatory publication of violators’ details. It aims to deter non-compliance, protect applicants, and enhance public trust. Feedback is open until February 4, 2025.?Canada Gazette, Part I, Volume 158, Number 51: Read more


  • Proposed Amendments to Citizenship Regulations (Administrative Penalties and Consequences): Focus on introducing administrative penalties for violations under the?Citizenship Act. The amendments aim to promote compliance by targeting representation and advice violations, such as misrepresentation, fraud, or providing false information. Key provisions include enabling inspections, issuing notices of violation, and determining monetary penalties up to $1.5 million. Violators’ information, including names and penalties, will be published publicly. These regulations are open for a 45-day consultation period, ending February 4, 2025. Canada Gazette, Part I, Volume 158, Number 51: Read more


  • Regulations Amending the IRPR (Information Sharing): Canada amended the IRPR to implement the?Amending Agreement?with the U.S., signed in July 2024. These changes expand automated information sharing to include permanent residents (PRs) of both countries, enhancing immigration system integrity. The amendments allow sharing PR data for eligibility and admissibility assessments, improving fraud detection, security, and bilateral cooperation under the 2021?Roadmap for a Renewed Canada-U.S. Partnership. Implementation is expected by July 2025 after IT updates. Canada Gazette, Part II, Volume 158, Number 26: Read more


  • Regulations Amending the IRPR (International Experience Canada): The IRPR amendments, effective November 29, 2024, expand authority for the IEC Program to include all partners, including domestic organizations, and add new work permit conditions, such as limiting work duration with a single employer. These changes ensure reciprocal terms in youth mobility agreements (YMAs), address disparities in agreements with 38 countries and 8 organizations, and enhance program integrity. Canada Gazette, Part II, Volume 158, Number 26: Read more


  • Regulations Amending the IRPR (Ports of Entry): Effective December 18, 2024, the IRPR amendments clarify the Minister’s authority to specify classes of foreign nationals eligible for prescribed immigration services at designated ports of entry. These changes address operational challenges like flagpoling, which strains CBSA resources and impacts non-discretionary activities. Flagpoling restrictions implemented earlier in 2024 have already reduced daily volumes by 42% at key locations. Canada Gazette, Part II, Volume 158, Number 26: Read more


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  • IMM 5483: Document Checklist: Study Permit. Read more


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  • December 31, 2024:?GTA Out-of-Status Construction Workers Program extension ends. Read more


  • December 31, 2024:?Temporary public policy to facilitate open work permits for foreign nationals placed in an expression of interest pool or a Provincial Nominee Program ends. Read more


  • December 31, 2024:?Temporary work permit extension policy for Manitoba Provincial Nominee candidates ends, allowing eligible candidates with expiring permits in 2024 to apply for a two-year, Manitoba-specific extension. Read more; Public Policy: Read more


  • December 31, 2024:?Deadline for submitting applications to IRCC for the Yukon-specific work permits. Read more; Public Policy: Read more


  • December 31, 2024:?Public policy supporting Ukrainian nationals under CUAET expires, allowing eligible individuals to enter Canada and apply for or extend work and study permits. Read more


  • December 31, 2024:?Extended measures for Ukrainians under CUAET end, providing fee-exempt permits and facilitated entry for eligible visa holders unable to travel by March 31, 2024. Read more


  • December 31, 2024: Manitoba government ends accepting applications for Manitoba Settlement Support Services program. Read more


  • January 1, 2025: Federal Economic Mobility Pathways Pilot (EMPP) No Job Offer stream reopens for new applications. Read more


  • January 7, 2025: Deadline at 9:00 AM for eligible international students who meet eligibility requirements as of December 31, 2024, to submit applications under the British Columbia PNP International Post-Graduate (IPG) stream. Read more


  • January 26, 2025: Deadline to complete the IRCC Online Survey for Newcomers, which invites permanent residents from 2017, 2019, 2021, and 2023 to share their settlement experiences. Read more

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