Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Temporary Measures for Individuals Affected by the Crisis in Lebanon

??) New Permanent Residence Pathway for Families of PS752 Victims

??) Provincial Nominee Program Survey

??) Open Work Permits for Vulnerable Workers

??) 2025 Québec Immigration Plan

??) Updated Forms and Checklists

??) Latest Provincial Nominee Program Draws

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• TRV - Ahmadi v. Canada, 2024 FC 1734: Iranian PhD student applied for a TRV to visit her brother in Canada. The officer denied the application, questioning her intent to return, due to lack of transaction history for her funds, and unexplained socio-economic situation. Judicial review granted. The court ruled the decision unreasonable, noting the officer’s failure to consider that her spouse, substantial assets and employment remained in Iran. Read more

• Family Sponsorship - Ahmed v. Canada, 2024 FC 1724: Pakistani citizen applied for PR as a spouse of a protected person. The officer doubted the marriage’s validity, citing an unresolved marriage in South Africa and lack of conjugal or common-law evidence. Judicial review granted. The court found the decision unreasonable for disregarding humanitarian grounds and the children’s best interests. Read more

• Study Permit - Simplified Procedure - Cesar v. Canada, 2024 FC 1716: Rwandan citizen requested simplified judicial review process following a study permit refusal. Motion dismissed. The case involved admissibility issues under IRPA 40(1)(a), disqualifying it from the Simplified Procedure Pilot. Read more

• Québec Investor Class - Fu v. Canada, 2024 FC 1720: Chinese citizen applied for permanent residence under the Quebec investor class, but the officer doubted his intent to reside in Québec. Concerns arose due to his travel history, limited to Vancouver, and his son’s residence in British Columbia and Ontario. Judicial review dismissed. The court found the decision reasonable, as it aligned with Quebec’s residency requirements. Read more

• Start-Up Visa - Orouji v. Canada, 2024 FC 1736: Iranian citizen applied for PR under the Start-Up Business Class. His designated entity withdrew its support, and a replacement was not accepted. Judicial review dismissed. The court upheld the officer’s decision, noting that the program’s scheme does not permit the replacement of the designated entity while the application is in process, as the program relies on a specific designated entity and the timing of the commitment certificate. The court also confirmed that the commitment certificate must be less than six months old on the date the original application was submitted. Read more

• ICT Work Permit - Raouf v. Canada, 2024 FC 1726: Afghan national sought an intra-company transfer work permit. The officer denied the application, questioning the Canadian business's financial capacity. Judicial review dismissed. The court found the decision reasonable, noting that the officer’s assessment of speculative business projections was justified. Read more

• Parent-Grandparent Sponsorship - Singh v. Canada, 2024 FC 1696: Indian citizen’s PR sponsorship application was rejected for incompleteness, with no response to procedural fairness letters. Judicial review dismissed. The court ruled the decision fair, as the applicant bore the risk of undelivered correspondence. Read more

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• Temporary Measures for Individuals Affected by the Crisis in Lebanon: On October 30, 2024, Canada has implemented temporary measures to assist Canadian citizens, permanent residents, and their immediate family members who left Lebanon after September 29, 2024, as well as Lebanese nationals in Canada unable to return home. Eligible individuals can apply for open work permits, study permits, or status extensions at no cost, valid until July 31, 2025. Canada has also enhanced processing capacity for affected individuals and advises Canadians to avoid travel to Lebanon. Read more

• New Permanent Residence Pathway for Families of PS752 Victims: Canada has introduced a permanent residence pathway for families of those lost in the PS752 tragedy. Eligible family members of Canadian citizens, permanent residents, and those approved to work or study in Canada can apply from October 28, 2024, to October 27, 2025. This pathway complements previous support efforts and underscores Canada’s commitment to justice and support for these families. Read more ; Policy for Families of PS752 Victims Approved to Work or Study in Canada:?Read more ; Policy for Families of PS752 Victims Outside Canada: Read more

• Provincial Nominee Program (PNP) and Territorial Nominee Program (TNP) Survey:?On October 31, 2024, IRCC announced a survey for clients who immigrated through PNP and TNP between 2016 and 2023. The survey, open from November 4-20, 2024, aims to collect feedback for program improvement. Participation is voluntary, confidential, and does not impact immigration status.?Read more

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• Open Work Permits for Vulnerable Workers: On October 29, 2024, IRCC has revised the guidelines for open work permits for vulnerable workers under the International Mobility Program. Updates include added examples of abuse, clarification on centralized processing by the Vulnerable Persons Unit, detailed interview guidance, eligibility for subsequent permits, and other procedural changes. Read more

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• 2025 Québec Immigration Plan: On October 31, 2024, Minister Jean-Fran?ois Roberge presented Québec’s Immigration Plan for 2025, aiming to admit 48,500 to 51,500 immigrants through regular and Québec Experience Program (PEQ) pathways. Temporary measures effective October 31, 2024, include suspending new applications under the "Québec graduate" stream of the PEQ and halting invitations under the Regular Skilled Worker Program (RSWP) and its successor, the Skilled Worker Selection Program (SWSP), until June 30, 2025. Ongoing applications and job offer validations remain unaffected.?Read more

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• CIT 0003: Application for Canadian Citizenship – Minors. Read more
• CIT 0403: Application for Canadian citizenship – Minors (under 18 years of age) applying under Subsection 5(1). Read more
• CIT 0002: Application for Canadian Citizenship – Adults. Read more
• IMM 0008: Generic Application Form for Canada. Read more
• IMM 0008 DEP: Additional Dependants / Declaration Form. Read more
• IMM 1294: Application for a Study Permit Made Outside of Canada. Read more
• IMM 5488: Document Checklist: Work Permit (Applied outside Canada). Read more
• IMM 5583: Document Checklist: Students Applying for a Work Permit. Read more
• IMM 5709: Application to Change Conditions, Extend my Stay or Remain in Canada as a Student. Read more

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• British Columbia PNP: Read more
• PEI PNP: Read more

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• November 8, 2024: Under the Temporary Foreign Worker Program, wages for high-wage stream positions will increase by 20% above the provincial or territorial median, adding $5-$8 per hour depending on location. Read more

• 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 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