Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) End of Student Direct Stream (SDS) and Nigeria Student Express (NSE) Programs

??) National Francophone Immigration Week

??) Permanent Residence Applications for Protected Persons – Admissibility Update

??) Spouses of FMCSP Students

??) Visa Issuance Update

??) Resettlement Assistance Program (RAP) Update

??) New Temporary Public Policies for PS752 Families

??) National Francophone Immigration Week in New Brunswick

????) OINP Entrepreneur Stream Closure

????) New Forms and Checklists: IMM 0115

????) Latest PNP Draws

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• Study Permit - Alizadeh v. Canada, 2024 FC 1757: An Iranian doctor applied for a study permit for a digital health program. The officer doubted the program's relevance to her medical background and questioned her ties to Iran, refusing both her study permit and her spouse’s work permit. Judicial review granted. The court found the officer’s decision unsupported by evidence, noting her well-documented plan to integrate the program into her medical work in Iran. Read more

• ICT Work Permit - Bahramabadi v. Canada, 2024 FC 1787: An Iranian applicant sought an ICT work permit to establish a Canadian subsidiary. The officer questioned the multinational status of the parent company and financial feasibility of the plan. Judicial review granted. The court ruled the officer misinterpreted evidence about the company’s assets and stability, specifically overlooking documentation confirming the company’s resources. Read more

• TRV - Kaur v. Canada, 2024 FC 1758: Indian citizen applied for a 15-day TRV to visit her daughters in Canada. The officer doubted her financial stability and purpose for the visit, deeming her ties to India insufficient. Judicial review granted. The court ruled the decision unreasonable, highlighting that the officer failed to consider 16 months of financial documentation and supporting affidavits, instead relying solely on three months of bank statements without sufficient explanation. Read more

• PRV - Liu v. Canada, 2024 FC 1784: Chinese applicants sought to extend their permanent resident visas (PRVs) due to unexpected medical issues preventing travel within the original timeframe. The officer denied the extension, citing sufficient initial time for travel. Judicial review granted. The court found the decision unreasonable due to fettered discretion, as the officer failed to consider the applicants’ legitimate reasons for the delay, including the principal applicant’s pregnancy-related medical emergency. Read more

• TFWP - Navarathnam v. Canada, 2024 FC 1759: Sri Lankan applicant with over 20 years of hospitality experience applied for a work permit. The officer refused the permit based on perceived inadequate English proficiency for the role. Judicial review granted. The court found the decision unreasonable due to a lack of clear rationale on how the officer assessed the applicant's language abilities, especially given the provided IELTS test results and extensive work experience. Read more

• PRV - Popat v. Canada, 2024 FC 1675: Indian applicants’ permanent resident visas (PRVs) were mistakenly issued despite a prior inadmissibility finding for misrepresentation. They entered Canada on the PRVs, which were subsequently revoked by IRCC, and were issued an exclusion order for entering without valid PR status. Judicial review partially granted. The court upheld the PR revocation as procedurally fair but deemed the exclusion order unreasonable due to failure to consider the applicants' understanding that their entry was authorized. The exclusion order was remitted for redetermination. Read more

• Express Entry - Prajapati v. Canada, 2024 FC 1753: Indian applicant sought permanent residency under the Federal Skilled Worker class via Express Entry, claiming experience as a Technical Sales Specialist (NOC 6221). The officer denied the application, finding that the applicant's job duties did not align with the main responsibilities required under NOC 6221. Judicial review dismissed. The court upheld the officer’s decision as reasonable, noting that the applicant’s evidence lacked specificity and did not demonstrate he performed the primary technical duties needed to qualify for the classification.?Read more

• Study Permit - Safaie v. Canada, 2024 FC 1761: Iranian applicant applied for a study permit to complete high school and pursue music studies in Canada. The officer questioned the connection between her studies and career goals. Judicial review granted. Court found the decision unreasonable as the officer failed to address the applicant’s specific career aspirations and rationale for studying in Canada. Read more

• H&C - Sallai v. Canada, 2024 FC 1698: Hungarian applicant, a Roma individual, sought PR on humanitarian and compassionate grounds, citing anti-Roma discrimination in Hungary and his role supporting his young grandnephew in Canada. The officer focused on a refugee analysis rather than H&C considerations, overlooking personal hardships and impact on his grandnephew in Canada. Judicial review granted. The court found the decision unreasonable due to the misapplication of refugee standards, insufficient consideration of the applicant’s individual hardships, and a flawed assessment of the best interests of the child involved. Read more

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• End of Student Direct Stream (SDS) and Nigeria Student Express (NSE) Programs:?On November 8, 2024, Canada officially ended the SDS and NSE programs to promote equal access to study permits for all international students and to enhance program integrity. Ministerial Instructions confirm that applications submitted before 2:00 p.m. ET on November 8, 2024, will still be processed with SDS or NSE priority, while all subsequent applications will be handled through the regular study permit stream, which accepts Guaranteed Investment Certificates as proof of financial support.?Read more; PDI: Read more; Canada Gazette, Part I, Volume 158, Number 45: Read more

• National Francophone Immigration Week: Minister Marc Miller highlighted the 12th annual celebration, noting Canada’s success in exceeding Francophone immigration targets and its ambitious new goals. He emphasized the importance of Francophone newcomers to Canada’s culture and economy and reaffirmed support for Francophone communities, aiming to increase French-speaking admissions outside Quebec to 10% by 2027. Read more

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• Permanent Residence Applications for Protected Persons – Admissibility Update: As of November 8, 2024, IRCC updated instructions for processing permanent residence applications from protected persons to include additional details on the requirement for police certificates from applicants. Read more

• Spouses of FMCSP Students: On November 8, 2024, IRCC updated guidelines to include details on the Francophone Minority Communities Student Pilot (FMCSP), a program offering a temporary to permanent residence pathway for French-speaking international students pursuing post-secondary studies in French outside Quebec. Spouses or common-law partners of FMCSP-eligible students can apply for open work permits under administrative code C42, subject to other eligibility requirements under IRPA and IRPR. Read more

• Visa Issuance Update: On November 6, 2024, IRCC updated guidance, allowing officers discretion to issue single or multiple-entry visas with flexible validity periods, rather than defaulting to maximum-validity multiple-entry visas. Read more

• Resettlement Assistance Program (RAP) Update: As of November 5, 2024, IRCC updated instructions and forms under RAP to cover transportation and initial settlement costs for exceptionally high-needs resettled refugees, streamlining the process to ease financial burdens and improve service efficiency. Read more

• New Temporary Public Policies for PS752 Families: Canada announced two new public policies to support families of the victims of Ukraine International Airlines Flight PS752, providing additional pathways to permanent residence for both in-Canada and overseas family members of Canadian victims. Eligible applicants have until October 27, 2025, to apply. Read more

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• National Francophone Immigration Week in New Brunswick: On November 7, 2024, Minister Jean-Claude D’Amours highlighted the contributions of French-speaking newcomers. As Canada’s only bilingual province, New Brunswick supports these immigrants with services in French and English training. The theme,?Our Heritage for Tomorrow, reflects New Brunswick’s focus on growth and skilled immigration. Read more

• OINP Entrepreneur Stream Closure: On November 4, 2024, Ontario announced the closure of the OINP Entrepreneur Stream. Applications already in process will continue under updated regulations, allowing current applicants to potentially secure nominations for permanent residence based on their business commitments. Further details will be communicated to applicants and their representatives. Read more

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• IMM 0115: Offer of Employment to a Foreign National: Agri-Food Pilot: Read more

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• AAIP: Read more
• British Columbia PNP: Read more
• Manitoba PNP: Read more

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• November 19, 2024: Temporary policy for Haitian nationals in Canada offering fee-exempt extensions and permits expires. Read more

• November 19, 2024: Policy granting fee-exempt extensions, work, and study permits to Haitians in Canada expires. ?Read more

• November 19, 2024: Policy for family of Canadian citizens/permanent residents who fled Haiti expires, ending fee-exempt permits. Read more

• November 20, 2024: IRCC survey for clients who immigrated through the Provincial Nominee Program and Territorial Nominee Program between 2016 and 2023, closes.?Read more

• November 23, 2024: Québec graduates seeking permanent selection under the Québec Experience Program must meet new French language criteria, including 75% of courses in French or three years of full-time education in French. Read more

• November 29, 2024: Amendments to Québec’s Qualified Worker Selection Program (QWSP) Stream 3 for regulated professions require proof of recognition or admission before applying, with a one-year application deadline. Read more

• November 30, 2024: Alberta Advantage Immigration Program (AAIP) will stop accepting open work permits for wildfire-affected individuals transitioning from employer-specific permits under special measures. Read more

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