Canadian Immigration Law | Weekly Digest

Canadian Immigration Law | Weekly Digest


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??) Recent Immigration Case Law

??) Temporary Foreign Worker Program Changes

??) Introduction of Targets for Temporary Residents

??) Language Test Requirements for Provincial Nominees

??) Removal of Fees

??) Spouses and Common-Law Partners of Study Permit Holders

??) PGWP Eligibility Update

??) H-1B Open Work Permit Policy Update

??) International Day of La Francophonie

????) Policy Updates for Israeli and Palestinian Nationals

????) British Columbia PNP Changes

????) PEI Recruitment Mission to the United Kingdom and Ireland

????) Latest PNP Draws


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  • Humanitarian and Compassionate Grounds: In Goh, 2024 FC 435, the Federal Court allowed a judicial review of a denial for permanent residence on humanitarian and compassionate grounds. The Malaysian applicant, living in Canada without status since 1983, sought to regularize her status citing strong family ties and financial dependence on her aunt’s family in Canada. The Court found the Officer's decision, which overlooked her established life in Canada, her advanced age, dependency, and the significant hardships of separation and resettlement in Malaysia, to be unreasonable. Read more


  • Spouse or Common-law Partner in Canada Class: In Marshall, 2024 FC 356, the Federal Court allowed a judicial review of a Jamaican citizen's denied application under the SCLPC class, alleging a common-law partnership with a Canadian. The decision's denial, citing discrepancies in residence and financial cohabitation, was found unreasonable due to the oversight of significant evidence, notably the applicant's child’s school record suggesting a Brampton residence, aligning with the sponsor's. Read more


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  • Categories of Temporary Residents: Temporary residents encompass 42% international students, 5% asylum seekers, 9% in the Temporary Foreign Workers Program (TFWP), and 44% in the International Mobility Program (IMP). The IMP includes 26% post-graduate work permit holders, 9% spouses of students, 10% in reciprocal youth exchange, 12% spouses of skilled workers, 26% via pathways like CUAET, and 17% for inter-company transfers and trade agreements. Read more


  • Labour Market Impact Assessment: Starting May 1, 2024, the validity of new Labour Market Impact Assessments (LMIAs) will be reduced to six months from the previous 12 months. Additionally, employers are required to consider refugees and asylum seekers with valid work permits, along with Canadian citizens and permanent residents, before submitting an LMIA application. Read more


  • Workforce Solutions Road Map: Employers in the 2022 Workforce Solutions Road Map will see the workforce quota via the TFW Program's low wage stream reduced from 30% to 20%, except in the construction and healthcare sectors. Read more


  • Agriculture and Seasonal Sector Exemptions: These sectors are exempt from the cap reduction, ensuring that Canada's food producers and sectors like fishing, seafood, food processing, and tourism can continue to operate efficiently. Media: Listen


  • Temporary Residents Targets: The Immigration Levels Plan, for the first time, will introduce explicit targets for temporary residents. This initiative aims to address the current 6.2% population share of temporary residents by reducing it to 5% within three years. Read more Media: Listen


  • Domestic Draws for Permanent Residency: More domestic draws will be held for temporary residents to transition to permanent residency, with provinces and territories encouraged to participate in this effort to realign efforts and provide a pathway for those in the country who wish to stay. Read more


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  • Language Test Requirements for Provincial Nominees: Effective March 22, 2024, Provincial Nominee Program (PNP) candidates will not need to directly submit language test results to IRCC. While language tests remain compulsory, verification will occur electronically through coordination with testing organizations. This adjustment eliminates the need for manual document uploads by applicants. Read more


  • Removal of Fees: Starting March 20, 2024, application fees are waived for human trafficking victims under the temporary resident permit program, easing their financial burden. Read more


  • Spouses and Common-Law Partners of Study Permit Holders: Work for spouses and common-law partners of full-time graduate (master’s, doctorate) and professional degree students (medicine, dentistry, law) at universities or polytechnics, plus those extending C42 open work permits as spouses of PGWP-eligible students, is now deemed necessary under R205(c)(ii). Applications before March 19, 2024, adhere to previous rules. Read more


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  • PGWP Eligibility Update: Starting May 15, 2024, students enrolling in private colleges under public-private curriculum agreements are no longer eligible for post-graduate work permits (PGWPs). Graduates can seek alternative work permits, like those for sectors with labour shortages, supported by an employer's labour market impact assessment (LMIA). Read more Program Update: Read more


  • H-1B Open Work Permit Policy Update: As of September 27, 2023, a new policy aids processing of certain H-1B open work permit applications exceeding the July 17, 2023, cap; those filed via the Authorized Paid Representatives Portal before the cap; and applications for accompanying family members within a year. It also waives study permit fees for H-1B holders' minor children applying from within Canada. Read more


  • International Day of La Francophonie: On March 20, 2024, Minister Marc Miller marked the International Day of La Francophonie, celebrating French-speaking newcomers' contributions. With the Francophone Immigration Policy and Community Immigration Pilot, Canada exceeded its 2023 goal, admitting 4.7% French-speaking residents outside Quebec, aiming for 6% in 2024 and up to 8% by 2026. Read more


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  • Policy Update for Families from Israel and Palestinian Territories: March 8, 2024, to June 12, 2024, Canada offers assistance to family members of Canadians and permanent residents who fled the Israel or Palestinian Territories conflict post-October 7, 2023. The policy enables fee-exempt status extensions, study, and work permit applications, facilitating access to education and labour markets. Read more


  • Policy Update for Israeli and Palestinian Temporary Residents in Canada: March 8, 2024, to June 12, 2024, this policy aids Israeli and Palestinian temporary residents in Canada, affected by the conflict after October 7, 2023, through fee-exempt extensions and applications for study and work permits, supporting their self-sustenance and status transition in Canada. Read more


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  • BC PNP Updates: On March 19, 2024, British Columbia (BC) detailed updates to the BC Provincial Nominee Program (PNP) to refine selection criteria focusing on education, experience, and language skills for career success in BC. From January 2025, the program introduces Bachelor’s, Master’s, Doctorate streams with precise criteria and higher language requirements, targeting CLB 8, except for the adjusted Health Authority stream. These changes, aimed at in-demand sectors like health care and construction, clarify the path to permanent residency and enhance protections for international students against predatory practices. Read more News Release: Read more


  • PEI Recruitment Mission to the United Kingdom and Ireland: Between April 24-27, 2024, a PEI business delegation will attend job fairs in Birmingham and Dublin to recruit skilled workers, focusing on tradespeople for the island's construction needs. The Office of Immigration will facilitate interviews for Island employers with candidates. This effort is part of a broader strategy to meet the provincial housing strategy's goal of building 2,000 homes annually over six years and to develop a sustainable workforce, with additional missions planned for Mexico and Vietnam. Read more


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  • April 8, 2024: Deadline for public input on strengthening the International Experience Canada Program, with proposed changes for better work permit issuance clarity and work duration limits. Canada Gazette, Part I, Volume 158, Number 10: Read more


  • April 11, 2024: Upcoming draws for the Saskatchewan Immigrant Nominee Program (SINP) Entrepreneur Category. Read more


  • April 30, 2024: The policy permitting international students in Canada to work off-campus over 20 hours per week expires. Read more Temporary Policy: Read more

Mohib Malgi

Founder at ThinkD2C Media

8 个月

This is helpful

Md Abu Taher

GM -HR, Admin & Compliance at Silver Line Group

8 个月

Thanks for sharing

These weekly updates are very helpful and it takes a lot of time to prepare. Keep up the good work, Andra Dumitrescu!

Dirk Propp

President & Founder @ Immigrate Software, Mentor & Board Member Immigration Expert Public Speaker

8 个月

Great post!

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