Canadian Immigration Law | Weekly Digest

Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Francophone Immigration Outside Quebec

??) Immigration Funding under Canada-Quebec Accord

??) Provincial Attestation Letters

??) Extended PGWP for Master's Graduates

??) PGWP Eligibility for Public-Private Partnership College Programs

??) Open Work Permit Eligibility for Spouses

??) Discontinuation of Health Follow-up Handout for HIV

??) OINP Suspension of Entrepreneur Stream

????) Study Permit Applications

????) Agri-food Immigration Program

????) Latest PNP Draws


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  • Study Permit Application: The Federal Court, in Gholami, 2024 FC 201, rejected the judicial review of a study permit refusal, citing doubts about the applicant's temporary stay intentions in Canada. The applicant aimed to study at Trinity Western University but faced skepticism regarding her plans to leave Canada after her studies. This skepticism was due to her lack of substantial ties outside Canada and her spouse's intention to accompany her. The court supported the visa officer's decision, noting the applicant's study plans did not correspond with her architectural background and career trajectory. Read more


  • Temporary Resident Visa: In Khanykalahroody, 2024 FC 199, the Federal Court dismissed the judicial review of a Temporary Resident Visa refusal for an Iranian applicant wishing to visit her spouse in Canada. The court concluded that the decision was reasonable, highlighting the applicant's insufficient demonstration of ties to Iran. The lack of convincing evidence regarding her employment and familial connections in Iran led to concerns about her intent to leave Canada post-visit. Read more


  • Study Permit Application: The Federal Court in Almadhoun, 2024 FC 193, dismissed a judicial review for a study permit refusal. The court deemed the refusal justified, emphasizing the applicant's uncertain temporary status in Saudi Arabia, vague visit purpose, and strong family connections to Canada as reasons for questioning his temporary stay intentions. Despite multiple applications and a prior judicial review attempt, the visa officer's assessment that the applicant's ties to Saudi Arabia and Palestine did not convincingly suggest a likely return after the study period was affirmed by the court. Read more


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  • IRCC Boosts Francophone Immigration Outside Quebec: Released on February 9, 2024, IRCC is dedicated to attracting French-speaking skilled workers to regions outside Quebec, aiming to enrich Canada's cultural fabric and stimulate economic development. Minister Marc Miller has set the immigration targets for Francophones to reach 6% in 2024, 7% in 2025, and 8% in 2026. This strategic move, part of the Francophone Immigration Policy, seeks to support and expand the demographic and economic contributions of Francophone minority communities across Canada. Read more


  • Immigration Funding under Canada-Quebec Accord: On February 8, 2024, the Government of Canada, reaffirming its collaborative relationship with Quebec, announced funding for the fiscal year 2023–2024 under the Canada–Quebec Accord on Immigration. Minister Marc Miller highlighted the grant of $775.1 million, including an indexation payment of $48.3 million, aimed at supporting the settlement, linguistic, cultural, and economic integration of newcomers in Quebec. Read more


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  • Provincial Attestation Letters: Effective January 22, 2024, to manage the sustainable growth of the International Student Program, IRCC now requires most new post-secondary international students to submit a Provincial Attestation Letter (PAL) with their study permit applications. This initiative is designed to align with a national cap, ensuring that students are accounted for within provincial or territorial allocations. Read more


  • Extended PGWP for Master's Graduates: Starting February 15, 2024, IRCC offers a longer, 3-year Post-Graduation Work Permit (PGWP) to graduates from master’s degree programs that are less than 2 years in duration. This change facilitates the integration of skilled graduates into the Canadian labour market, potentially aiding their transition to permanent residence. Read more


  • PGWP Eligibility for Public-Private Partnership College Programs: In response to concerns over educational quality and oversight, IRCC has limited PGWP eligibility for new students enrolled in programs offered by private colleges under public-private partnerships. Current students remain eligible, provided they meet other criteria. Read more


  • Open Work Permit Eligibility for Spouses: IRCC has revised the eligibility criteria for open work permits for spouses and common-law partners of international students. Moving forward, only partners of students in graduate (master’s and doctorate) and professional degree programs will qualify for open work permits, ensuring better support for the integration of international students and their families into Canadian society. Read more


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  • Discontinuation of Health Follow-up Handout for HIV: Effective February 8, 2024, IRCC has removed the requirement for the "Health follow-up handout: HIV infection (for applicant)" as part of its program delivery updates. This decision follows the discontinuation of the HIV Automatic Partner Notification Policy on July 7, 2023. Read more


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  • OINP Suspension of Entrepreneur Stream: The Ontario Immigrant Nominee Program (OINP) has ceased accepting new expressions of interest or applications for its Entrepreneur Stream, effective December 4, 2023. Concurrent with this suspension, the Entrepreneur Success Initiative has been discontinued, ceasing the support services previously offered by the Toronto Business Development Centre under this initiative. Read more


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  • Study Permit Applications: The Department of Citizenship and Immigration has introduced revised Ministerial Instructions for processing study permit applications, effective January 30, 2024. These Instructions require applicants to specify a Designated Learning Institution, which must verify the applicant's acceptance for a program of study within 10 days. Aimed at improving verification reliability, processing efficiency, and fraud prevention, the Instructions also allow for a one-time 30-day extension in extraordinary situations. Unprocessed applications will be refunded. These Instructions replace previous ones published on December 2, 2023. Canada Gazette, Part I, Volume 158, Number 6:?Read more


  • Agri-food Immigration Program: Effective January 26, 2024, the Minister of Citizenship and Immigration, under section 14.1 of the Immigration and Refugee Protection Act, issued amendments to the Agri-food Immigration Class, 2023. These amendments adjust the eligibility requirements for this immigration class, emphasizing the necessity for applicants to meet specific criteria at the time of their permanent residence application. This includes stipulations about work performed under certain work permits and special considerations for applicants within Canada. Canada Gazette, Part I, Volume 158, Number 6: Read more


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  • February 16, 2024: Applications open for the Manitoba Settlement Support Services Program. Read more

  • February 27, 2024: Launch of the Temporary Public Policy offering permanent residence to foreign nationals affected by the Sudan conflict. This policy is active until 3,250 applications are received or for a duration of one year. Read more

  • March 12, 2024: Special processing measures in response to the 2023 earthquake in Morocco come to an end. Read more

Insightful update—appreciating the concise summary and valuable links for those of us keeping an eye on immigration trends and legal developments.

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