Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) New Pilot Program for Francophone Communities

??) ESDC Online Questionnaire on Strengthening Workforce

??) Reuniting Resettled Yazidis and Daesh Survivors

??) Temporary Policy for Sponsoring Refugees

??) Post-Graduation Work Permit Update

??) Start-up Visa and Self-Employed Persons Program Updates

??) TRV Program Update for Extended Family Affected by Gaza Crisis

??) Religious Work Program Update

????) Alberta Wildfire Work Permit Measures

????) Accelerated Truck Driver Training for Ukrainian Evacuees in Alberta

????) Nova Scotia and Ontario Partner to Recognize Skilled Trades Credentials

????) New Brunswick Express Entry ITA Pause

????) Latest Express Entry and PNP Draws

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• Reconsideration Request: In Kong, 2024 FC 1270, the Federal Court granted the judicial review of a refusal to reconsider a permanent residence application under the Spouse in Canada class. The application was initially denied due to the applicant's failure to provide required identity documents. Despite claims of submitting the necessary documents before the initial decision, the refusal to reconsider did not address these submissions, leading to a finding of unreasonableness. Read more

• C11 Work Permit: In Salehpour, 2024 FC 1265, the Federal Court dismissed the judicial review of an Iranian national’s application for a work permit under the Significant Benefit category. The applicant planned a computer numerical control machine shop in Toronto with a $150,000 CAD investment but failed to show it would significantly benefit Canada economically, socially, or culturally. The court upheld the Officer’s decision, noting the applicant’s inadequate financial proof and an unconvincing business plan, with a projected first-year profit of $30,000 CAD deemed insufficient for the LMIA exemption. Read more

• Misrepresentation: In Wang, 2024 FC 1272, the Federal Court dismissed the judicial review of a permanent residency application under the Québec investor class program due to misrepresentation. The applicant had declared a non-biological child, born through illegal surrogacy, as his dependent without disclosing the true nature of the parent-child relationship. The court found the refusal reasonable, highlighting the submission of falsified documents and the applicant's refusal to undergo DNA testing to verify biological links, which were critical to the integrity of the immigration process. Read more

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• New Pilot Program for Francophone Communities:?Launching on August 26, 2024, the Francophone Minority Communities Student Pilot program targets French-speaking international students to support Francophone minority communities. The program allows 2,300 study permit applications in its first year, with future caps to be set. It offers a direct pathway from temporary to permanent residence and exempts students from certain requirements. Additionally, 10 new communities have joined the Welcoming Francophone Communities initiative, now totaling 24. Read more

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• ESDC Online Questionnaire on Strengthening Workforce:?Minister Randy Boissonnault launched an online engagement to gather diverse views on creating a modern, inclusive labour market. Canadians are invited to provide feedback via an online questionnaire available until September 30, 2024. The feedback will inform a workforce summit this fall, aiming to improve the recognition of skills and facilitate labour mobility between provinces.?Read more

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• Reuniting Resettled Yazidis and Daesh Survivors:?Family members, extended family, and de facto dependants of resettled survivors are eligible for permanent residence as Government-Assisted Refugees (GAR). The policy ends on December 31, 2026, or after 400 applications are processed. Applicants must meet specific criteria. Read more

• Temporary Policy for Sponsoring Refugees:?Refugees previously sponsored by a Sponsorship Agreement Holder (SAH) can find a new sponsor within 90 days if their SAH’s agreement is cancelled. Applicants with a positive sponsorship decision can continue under the temporary policy. Read more

• Post-Graduation Work Permit (PGWP) Update:?As of May 15, 2024, programs under curriculum licensing agreements (CLA) are ineligible for the PGWP. These programs now have a separate designated learning institution (DLI) number to reflect CLA enrollment. Officers must verify the DLI number and program list to confirm PGWP eligibility and may request further documentation from applicants to ensure compliance with the new guidelines. An operational reminder link has been added for reference. Read more

• Start-up Visa (SUV) and Self-Employed Persons (SEP) Program Updates:?The Centralized Intake Office (CIO) instructions have been updated. The ventureLAB Innovation Centre is now listed as a designated entity in Canada’s Tech Network. Links to the latest ministerial instructions (MI) have been added for both the SUV and SEP programs, and a correction has been made to the SEP Program MI link in the CIO instructions. Read more; Read more

• TRV Program Update for Extended Family Affected by Gaza Crisis:?Updated guidelines for processing Temporary Resident Visas under the temporary public policy for extended family members affected by the Gaza crisis include revisions based on the latest public policy, clarifications for officials signing statutory declarations, and additions to monitoring and tracking procedures. Read more

• Religious Work Program Update:?Instructions for religious work have been divided into two separate program delivery guidelines: one for religious work under the Canadian interests International Mobility Program [R205(d) – C50] and another for religious leaders who are exempt from work permits under [R186(l)]. No changes in policy or procedures have been made. A new section on refusals has been added to the C50 instructions. Read more

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• Alberta Wildfire Work Permit Measures:?In response to the 2024 Alberta wildfires, the Alberta Advantage Immigration Program (AAIP) will accept open work permits issued by IRCC for affected individuals. This special measure applies to those transitioning from employer-specific to open work permits from July 19, 2024, to November 30, 2024, under the Alberta Opportunity and Tourism and Hospitality Streams. Open work permits are accepted at any AAIP stage within these streams, adhering to existing criteria and temporary measures set on July 26, 2024. Read more

• Accelerated Truck Driver Training for Ukrainian Evacuees in Alberta:?To address the truck driver shortage, Alberta is allowing qualified Ukrainian evacuees to undertake accelerated training for their Class 1 driver's licence. Amendments to the Class 1 Experience and Equivalency Program enable those with CE licences from Ukraine to expedite their licensing process, reducing time and cost. This initiative aims to fill approximately 4,000 driver vacancies, lower consumer costs, and ensure smooth goods flow across the province. Read more

• Nova Scotia and Ontario Partner to Recognize Skilled Trades Credentials:?Nova Scotia and Ontario have signed a memorandum of understanding to enhance the recognition of international credentials for skilled trades professionals. This collaboration aims to streamline processes, share insights, and address labour shortages by ensuring credentials are recognized efficiently.?Read more; Read more

• New Brunswick Express Entry ITA Pause: Effective August 16, 2024, the issuance of new Invitations to Apply (ITAs) under the New Brunswick Express Entry stream is paused for the remainder of the year, as the full 2024 allocation has been reached. Applications fully submitted before this date will continue to be processed, and candidates who received an ITA prior to August 16, 2024, may still submit their full nomination applications. Read more

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• Express Entry - French Language: Read more
• Express Entry - Canadian Experience Class: Read more
• Express Entry - Provincial Nominee Program: Read more
• AAIP: Read more
• British Columbia PNP: Read more
• Manitoba PNP: Read more
• Ontario Immigrant Nominee Program - ITA: Read more

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• August 30, 2024: Temporary Foreign Worker Program Workforce Solutions Road Map to help employers fill job vacancies in the wake of labour shortages comes to an end. Read more

• August 31, 2024: Temporary measures for distance learning and Post Graduate Work Permit validity extension conclude. Read more

• August 31, 2024: Application deadline for permanent residency under Rural and Northern Immigration Pilot, requiring community eligibility, job procurement, and a community recommendation. Read more

• September 1, 2024: Changes to the Post-Graduation Work Permit Program include ineligibility for students in curriculum licensing arrangements and eligibility for a three-year work permit for master’s graduates. Read more PDI: Read more

• September 30, 2024:?Alberta Advantage Immigration Program introduces a new expression of interest system. Read more

• Fall?2024: IRCC will adopt a “recognized institution” framework to benefit post-secondary DLIs that set a higher standard for services, support and outcomes for international students. Read more