Canadian Immigration Law | Weekly Digest

Key Highlights:

1. Recent Immigration Case Law
2. Canada Expands Border Security Plan
3. Enhanced Support for Victims of Human Trafficking and Family Violence
4. Post-Graduation Work Permit Updates
5. Entry/Exit Program
6. Work Permit Changes for Family Members under IMP
7. Labour Market Outcomes for International Student Graduates
8. Destination Canada Mobility Forum 2025
9. Manitoba PNP Open Work Permit Policy Extension
10. New Brunswick PNP Allocations Cut
11. New Temporary Public Policies
12. Latest Express Entry and PNP Draws
13. Important Upcoming Dates

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• Mandamus – A.R. v. Canada, 2025 FC 236:?Iranian minor applied for permanent residence through family sponsorship (adoption) in January 2021. The application faced prolonged and unexplained delays despite multiple procedural updates and refusals of Temporary Resident Visas. The Court determined that the delay was unjustified and issued a writ of mandamus, ordering IRCC to complete processing within 120 days. Read more

• Permanent Resident Visa – Ahmed v. Canada, 2025 FC 222:?Bangladeshi applicants, each over 22 years old, were refused recognition as dependents under their mother's permanent residence application. Dependents over 22 must prove substantial financial dependency due to a physical or mental condition. The officer expressed doubts about the credibility of medical evidence submitted after a procedural fairness letter (PFL), citing the absence of prior treatment records. The Court found that procedural fairness was breached because the applicants were not given an opportunity to address these concerns. Judicial review allowed. Read more

• Study Permit – Grobler v. Canada, 2025 FC 79:?South African applicant was refused a study permit and found inadmissible for alleged misrepresentation. The applicant failed to disclose a criminal conviction and a U.S. visa refusal. In response to the PFL, she provided evidence that her conviction had been expunged and explained that she was unaware of the visa refusal. The Court found that the officer’s findings did not provide a sufficient rationale for rejecting the “innocent mistake” explanation. Judicial review allowed. Read more

• Temporary Resident Visa – Khan v. Canada, 2025 FC 247:?Pakistani citizen residing in Thailand was refused a TRV for insufficient ties to his home country and financial instability, failing to demonstrate credible intent to leave Canada. Factors included temporary residence and precarious employment in Thailand, limited savings, no property ties in Pakistan, and an unclear relationship with the Canadian host financing the trip. The Court upheld the refusal. Judicial review dismissed. Read more

• Temporary Resident Visa – Rehan v. Canada, 2025 FC 246:?Pakistani married couple was refused TRVs as the officer was not satisfied they would leave Canada at the end of their authorized stay. Key factors included strong family ties in Canada, limited ties to Pakistan, and the male applicant's previous overstay in Canada after claiming refugee status in 2000. The Court upheld the refusal. Judicial review dismissed. Read more

• Study Permit – Rezvani Gilkolaei v. Canada, 2025 FC 194: Iranian applicant was refused a study permit for failing to demonstrate the program's career relevance. The officer found her study plan and employer's letter lacked details on how the program would benefit her. The explanations for program choice and career advancement were generic. The Court upheld the officer's use of "boilerplate" reasoning, finding the refusal reasonable due to insufficient evidence. Judicial review dismissed. Read more

• Open Work Permit – Singh v. Canada, 2025 FC 227:?Indian citizen’s open work permit application to join his spouse in Canada was refused. The officer, relying solely on the applicant’s U.S. deportation after a failed refugee claim, concluded he would not leave Canada. The Court found this reasoning unreasonable, stressing that the claim cannot be undone. If refusal is based solely on this, the applicant may never secure authorization to join his wife. Positive factors like full disclosure, remorse, and ties to Canada were not adequately considered. Judicial review granted.?Read more

• Sponsorship – Zhang v. Canada, 2025 FC 193:?Filipino minor applicant was refused permanent residence under IRPR section 117(9)(d), which excludes undeclared and unexamined family members from family class sponsorship. The officer also found insufficient humanitarian and compassionate grounds and determined that a temporary public policy did not apply. The Court ruled the case premature, stating that the applicant must first exhaust her right to appeal to the Immigration Appeal Division. Judicial review dismissed. Read more

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• Canada Expands Border Security Plan:?On February 4, 2025, Minister David McGuinty announced enhanced measures under the $1.3 billion Border Plan. New actions include appointing a Fentanyl Czar to collaborate with U.S. counterparts, listing organized crime cartels as terrorist entities, and launching a Canada-U.S. Joint Strike Force to combat organized crime, fentanyl, and money laundering. Canada will invest $200 million in intelligence capacity and deploy 24/7 surveillance with modernized equipment and nearly 10,000 personnel. The measures build on previous investments to strengthen the Canada-U.S. border. Read more

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• Enhanced Support for Victims of Human Trafficking and Family Violence:?On February 4, 2025, IRCC introduced improved measures for vulnerable foreign nationals in Canada. Victims of human trafficking and family violence, along with their dependants, can now receive an initial temporary resident permit (TRP) for at least 12 months. Fees for subsequent TRPs, work permits, study permits, and biometrics are now waived. Since 2006, out-of-status victims of trafficking have been eligible for a free special TRP, while a TRP for family violence victims was introduced in 2019. Read more

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• Post-Graduation Work Permit Updates:?On February 5, 2025, IRCC updated PGWP instructions under the International Mobility Program. As of November 1, 2024, eligibility criteria now depend on when a student submitted their study permit application and PGWP application, with flight school graduates exempt from these changes. Updates include new language and field-of-study requirements, ineligibility for Global Affairs Canada-funded applicants, revised documentary evidence, and clarification on program stacking. Read more

• Entry/Exit Program:?On February 4, 2025, IRCC updated the Entry/Exit Program instructions under "Collection and access to traveller data." The paragraph regarding CBSA's authority to collect land and air entry/exit data and the IRCC–CBSA information-sharing agreement under the Privacy Act has been removed. Read more

• Work Permit Changes for Family Members under IMP: On February 3, 2025, IRCC updated PDIs for the International Mobility Program changes introduced on January 21, 2025.?Spouses of low-skilled workers and dependents of all foreign workers will no longer be eligible. Eligibility is now limited to spouses of foreign workers in TEER 0 or 1 occupations, or select TEER 2 and 3 occupations in critical sectors, with at least 16 months of valid work authorization. These changes do not apply to family members of workers transitioning to permanent residence. Existing instructions remain for applications received before January 21, 2025. Read more

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• Labour Market Outcomes for International Student Graduates:?On February 5, 2025, Statistics Canada released a study examining the early labour market outcomes of international students who graduated in 2020. Of those who remained in Canada, 88.6% were employed in 2023, compared to 91.0% of Canadian graduates. International student graduates were less likely to find jobs matching their education level, especially at the bachelor's (36.6% vs. 58.8%) and master's levels. Median earnings were also lower, with bachelor's graduates earning $52,000 compared to $65,200 for Canadian graduates. Despite these challenges, job satisfaction rates were comparable. Read more

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• Destination Canada Mobility Forum 2025:?The Manitoba Provincial Nominee Program, CDEM, and Acceuil Francophone will attend the Destination Canada Mobility Forum, a recruitment fair for bilingual skilled workers. The event will take place in Paris on February 14–15, 2025, and virtually from March 3–5, 2025. This annual event connects Canadian employers in anglophone provinces with skilled bilingual candidates. Read more

• Manitoba PNP Open Work Permit Policy Extension:?On January 21, 2025, the Manitoba PNP announced IRCC's extension of the public policy allowing open work permits for foreign workers with provincial or territorial support letters until December 31, 2025. However, this policy update for Manitoba remains incomplete, and the IRCC link provided earlier is no longer valid. Updates will be posted when available. Temporary residents must maintain valid legal status. Read more

• New Brunswick PNP Allocations Cut: On February 5, 2025, IRCC announced a 50% reduction in New Brunswick’s permanent resident nominations, dropping from 5,500 in 2024 to 2,750 in 2025. The allocation is split between the Provincial Nominee Program (1,500) and the Atlantic Immigration Program (1,250). Acting Minister Jean-Claude D’Amours warned of negative impacts on economic growth and priority sectors like health, education, and construction trades. The province is in talks with the federal government. Immigration programs will open soon, with updates on program pages. Read more

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• Temporary Public Policy for Family Members Fleeing Conflict in Sudan:?On February 5, 2025, IRCC revised the policy for Sudanese nationals who arrived in Canada before July 15, 2023. Eligible family members of Canadian citizens or permanent residents may apply for fee-exempt work permits, study permits, or permanent residence. This update replaces the October 27, 2024 version and is valid until October 27, 2025. Applications submitted before expiry will be processed under this policy. Read more

• Extension of Public Policy for Sudanese Nationals in Canada:?On February 5, 2025, IRCC extended the policy for Sudanese nationals with valid temporary resident status in Canada. Effective October 28, 2024, it waives fees for temporary resident extensions, work permits, and study permits. It also removes travel document requirements for eligible Sudanese nationals outside Canada. The policy expires October 27, 2025, and may be revoked without notice. Read more

• Fee Exemptions for Victims of Human Trafficking:?On February 4, 2025, IRCC announced a policy exempting fees for temporary resident, work, and study permits for victims of human trafficking in Canada. Family members in Canada are also eligible. The policy, replacing the 2007 version, takes effect one week after signature and applies retroactively to pending applications. Read more

• Fee Exemptions for Victims of Family Violence:?On February 4, 2025, IRCC introduced a policy waiving fees for temporary resident, work, and study permits for victims of family violence in Canada. Dependent children are also eligible. This update replaces the 2019 policy, takes effect one week after signature, and applies retroactively to pending cases. Read more

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• Express Entry - CEC: Read more
• Express Entry - PNP: Read more
• AAIP: Read more
• Manitoba PNP: Read more

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• February 28, 2025: Deadline for Iranian nationals in Canada to apply for fee-exempt temporary residency extensions, work permits, or study permits under the special policy. Read more Policy: Read more Special Measures: Read more

• March 31, 2025:?Launch of the new Home Care Worker Immigration Pilots. Further details to follow. Read more

• March 31, 2025:?End date for extended work and study permit measures and free settlement services for Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization.?Read more Notices: Read more Policy: Read more

• March 31, 2025:?Expiry of the public policy allowing Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization. Read more