Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Canada Expands Visa Application Centres in Mexico

??) Automation for Spousal Applications

??) Cap Increase for Gaza Special Measures

??) New CBSA Flagpoling Hours

??) First-Generation Citizenship Limit

??) Medical Residents and Research Fellows

??) CRS Points for Certificates of Qualification

??) BC PNP Entrepreneur Immigration Regional Pilot

????) Northwest Territories Nominee Program

????) Latest Express Entry and PNP Draws

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• TRP: In Singh, 2024 FC 826, the Federal Court dismissed the judicial review of the applicant's denied Temporary Resident Permit (TRP) application. The applicant, initially a victim of fraud, received a TRP in 2019 to complete his studies. In 2023, his subsequent application for a new TRP and study permit was refused due to a lack of compelling reasons to extend his stay, and doubts about his intention to leave Canada after his studies. The court supported the Immigration Officer's decision, finding it reasonable and well-justified. Read more

• PEI PNP: In Nguyen, 2024 FC 798, the Federal Court granted the judicial review of the applicant’s denied permanent residence application under the Prince Edward Island Provincial Nominee Program (PEI PNP). The court criticized the Immigration Officer’s decision for not adequately considering the legal framework and the applicant's evidence of intent to reside in PEI. Despite her extensive business background and a comprehensive plan to open a healthcare store, the assessment of her intent and business viability was found to be flawed and not well-supported. Read more

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• Canada Expands Visa Application Centres in Mexico: Effective by the end of May 2024, Canada will enhance its visa services in Mexico by opening three new Visa Application Centres (VACs) in Mexico City, Monterrey, and Guadalajara. Initially offering biometric collection services, these centres plan to extend their services to include passport transmissions and document tracking. This expansion aims to facilitate travel and strengthen ties between Canada and Mexico, while maintaining the integrity of Canada’s immigration system. Read more

• Advanced Analytics and Automation for Spousal Applications: As of May 30, 2024, IRCC is enhancing the processing of overseas family class spousal and partner applications by integrating advanced analytics and automation. This initiative includes two new tools, one for assessing the sponsorship part and another for the principal applicant part, aimed at expediting routine cases. While these tools aid in streamlining the process, final decisions remain under the purview of IRCC officers. Read more

• Cap Increase for Gaza Special Measures: On May 27, 2024, Marc Miller, Minister of Immigration, announced an increase in the application cap from 1,000 to 5,000 under the temporary special measures for Palestinian extended family in Gaza, reflecting Canada's commitment to addressing the humanitarian situation. This expansion aims to prepare for potential evacuations and facilitate family reunions in Canada as conditions allow. The Canadian government continues to work with Israel and Egypt to ensure safe exits for those affected. Read more Updated Public Policy: Read more

• New CBSA Flagpoling Hours: As of May 30, 2024, Canadians are encouraged to use online immigration services for tasks like renewing permits or confirming permanent residency, avoiding the need to visit a port of entry. For those opting for "flagpoling," note that from May 30, 2024, designated service hours at specific ports are available mostly from Monday to Thursday, with varying hours across regions. Using online services is recommended to prevent waiting at the border. Read more

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• Interim Measures for First-Generation Citizenship Limit: As of May 30, 2024, IRCC has introduced interim measures for proof of citizenship applications affected by the first-generation limit to citizenship by descent. Read more

• International Mobility Program: Medical Residents and Research Fellows: Effective May 27, 2024, IRCC has updated its procedures for foreign medical or dental residents and medical research fellows under the International Mobility Program ([R205(c)(ii) – C45]). To better manage applications, officers are now required to enter an organization identification (ORG ID) number specific to each category: ORG ID O288316126776 for medical or dental residents and ORG ID O288317786801 for medical research fellows. This ensures precise processing and tracking of applications. Read more

• CRS Points for Certificates of Qualification: As of May 27, 2024, IRCC has updated the Express Entry instructions to provide detailed guidance on assessing Comprehensive Ranking System (CRS)? points for certificates of qualification. Read more

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• BC PNP Entrepreneur Immigration Regional Pilot Now Permanent: Effective May 27, 2024, the British Columbia Provincial Nominee Program (BC PNP) has transitioned the Entrepreneur Immigration Regional Pilot into a permanent stream. This initiative supports entrepreneurs seeking to establish businesses in rural, interior, and coastal regions of B.C. as part of the StrongerBC initiative. Read more

• Northwest Territories Nominee Program & TFW Program Employer Compliance Outreach Sessions: Announced on May 28, 2024, these sessions are designed for employers who utilize the Temporary Foreign Worker Program, offering an in-depth understanding of their legal obligations and the inspection process. The sessions aim to clarify the authorities of the program, employer responsibilities, compliance rates, and common issues of non-compliance, helping employers and organizations navigate their roles effectively. Read more

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• Express Entry - Canadian Experience Class: Read more
• Express Entry - Provincial Nominee Program: Read more
• Alberta Advantage Immigration Program: Read more
• British Columbia PNP: Read more
• Quebec RSWP: Read more

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• June 4, 2024: Submission window closes for the undertaking applications (Step 1) of Quebec's Program for Refugees Abroad (Collective Sponsorship). Read more

• June 30, 2024: Consultations on the 2025–2027 Immigration Levels Plan, seeking public input on targets for permanent and temporary resident admissions, conclude; stakeholders can participate via an online survey until this date. Read more

• July 2, 2024: Extension of Temporary Public Policy for Out-of-Status Construction Workers in GTA ends. Read more

• July 2, 2024: Economic development organizations interested in supporting growth in rural and Francophone minority communities must submit their applications using IRCC’s questionnaire by this deadline. Read more

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