Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) New Home Care Worker Immigration Pilots

??) 2025 Study Permit Allocations Finalized

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

??) Free Trade Agreements – International Mobility Program

??) Ontario Focuses International Student Allocations on Labour Needs

??) Yukon Nominee Program Reduction and Delayed Intake

??) Updated Forms and Checklists

??) Recent Express Entry and PNP Draws

??0) Important Upcoming Dates

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• Misrepresentation – Agbai v. Canada, 2025 FC 101:?Nigerian citizen applied for permanent residence under the Skilled Worker Class but was found inadmissible for misrepresentation. The officer determined that employment letters from Timotex Integrated Services were not genuine, that the applicant failed to disclose part-time employment at a school, and that her duties did not align with her National Occupation Classification (NOC). Judicial review dismissed. The Court found the decisions reasonable, noting the officer and manager relied on sufficient evidence, including a Lagos Police Report and inconsistencies in the applicant’s documentation. Read more

• Work Permit – Brar v. Canada, 2025 FC 130:?Indian citizen applied for a work permit under the Temporary Foreign Worker Program to work as a nursery worker in British Columbia. The officer denied the application, citing evasive and inconsistent interview responses, lack of knowledge about the employer or job duties, and insufficient evidence of farming experience in India. Judicial review dismissed. The Court found the decision reasonable, noting the officer’s concerns were supported by the evidence, and procedural fairness requirements were met. Read more

• Temporary Resident Visa – Gao v. Canada, 2025 FC 127:?Chinese citizens applied for TRVs to visit family in Canada but were refused due to insufficient financial documentation and concerns that their visit was inconsistent with a temporary stay. Judicial review granted. The Court found the decisions unreasonable, as the officer failed to consider significant evidence, including employment stability, family financial support, and positive travel history, and provided unintelligible reasons regarding the stated purpose of the visit. Read more

• Family Sponsorship – Gill v. Canada, 2025 FC 115:?Indian citizen applied for permanent residence under the Spouse or Common-Law Partner in Canada class but was excluded as his sponsor had not declared him as her common-law partner in her 2022 application. The officer relied on the applicant’s detailed description of his relationship, including cohabitation since 2020 and financial interdependence, to conclude the relationship met the common-law definition. Judicial review dismissed. The Court found the decision reasonable under?Vavilov. Read more

• Work Permit Extension – Nguyen v. Canada, 2025 FC 143: Vietnamese citizen applied to extend a work permit under the International Mobility Program (IMP). The officer refused the application, citing the lack of a plan for returning to Vietnam, insufficient financial capacity to grow the business, and failure to demonstrate that the business provided significant social, cultural, or economic benefits to Canadians. Judicial review dismissed. The Court found the decision reasonable, noting the officer properly assessed evidence, including support letters, and reasonably concluded that the business did not meet IMP requirements. Read more

• Intra-Company Transferee – Sabeti v. Canada, 2025 FC 98: Iranian citizen applied for a work permit to establish a Canadian subsidiary of Zarbaft Jam Company under the intra-company transferee category. The officer refused the application, citing insufficient evidence that Zarbaft was a multinational company, unclear financial viability, unrealistic business plan estimates, and no significant economic benefit to Canada. Judicial review dismissed. The Court found the decision reasonable, noting the applicant failed to demonstrate sufficient funding or a viable plan to meet regulatory requirements. Read more

• Self-Employed Person Class – Sayekan v. Canada, 2025 FC 97: Iranian citizen’s permanent residence application under the Self-Employed Person Class was refused. The officer found insufficient evidence of market demand for his calligraphy services, no business plan, and inadequate language test results. The applicant claimed procedural unfairness, arguing the documents were submitted and concerns were not raised. Judicial review dismissed. The Court found the decision fair and reasonable. Read more

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• New Home Care Worker Immigration Pilots: The Government of Canada has announced that the new Home Care Worker Immigration Pilots will commence on March 31, 2025. Further details will be provided in the coming weeks. Read more

• 2025 Study Permit Allocations Finalized: On January 24, 2025, IRCC announced a cap of 437,000 study permits for 2025, a 10% decrease from 2024, to address housing and service pressures. PAL/TAL requirements now extend to master’s and doctoral students, with 120,724 permits reserved for PAL/TAL-exempt applicants and 316,267 for PAL/TAL-required cohorts. Allocations by province and territory are based on 2023 approval rates, ensuring sustainable graduate student numbers. New DLI regulations, effective November 2024, mandate compliance reporting and acceptance verification, with non-compliance resulting in suspensions. Read more

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• Spouses and Common-Law Partners of Study Permit Holders: As of January 21, 2025, only spouses of students in doctorate programs, certain professional or eligible programs, and master’s programs of 16 months or longer qualify for an open work permit. Spouses in Canada may renew their open work permits based on the criteria in place when their current permit was issued, aligning with the principal student’s study authorization. Additional eligible programs have been added, and the Francophone Minority Communities Student Pilot no longer requires an ORG ID for spouse applications. Read more

• Free Trade Agreements – International Mobility Program: On January 20, 2025, IRCC released updates building on the October 1, 2024, revisions to free trade agreements under paragraph R204(a). These updates include standardization of language regarding wages and expanded availability of open work permits for spouses and common-law partners under the Canada–Korea Free Trade Agreement (CKFTA) for intra-company transferees, investors, and traders. Read more

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• Ontario Focuses International Student Allocations on Labour Needs: In response to the federal reduction in international student permits, Ontario is focusing on public postsecondary programs aligned with high-priority labour market areas, such as skilled trades, health, STEM, child-care, and French-language programs. For 2025, Ontario received 181,590 applications, resulting in an estimated 116,740 permits, with 32,579 reserved for master’s and doctoral programs. Public institutions will receive 96% of allocations, ensuring continuity from 2024 levels. The province aims to align post-graduation work permit eligibility with key industries, including hospitality and manufacturing. Read more

• Yukon Nominee Program Reduction and Delayed Intake: Premier Ranj Pillai announced IRCC’s 50% reduction of Yukon’s nominee allocation to 215 for 2025. The planned January 29, 2025, intake is delayed to reassess processes and address labour market needs strategically. IRCC now requires 75% of nominations to be from temporary residents in Canada. Applications from rural employers close on January 22, 2025, at 4:30 pm Yukon Time. Intake for Whitehorse and community-based employers will resume later. Read more

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• IMM 5555: Document Checklist: Study Permit. Read more

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

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• February 4, 2025: Deadline for feedback on proposed amendments to the College of Immigration and Citizenship Consultants Regulations. Canada Gazette, Part I, Volume 158, Number 51:?Read more

• February 4, 2025: Deadline for feedback on proposed IRPR amendments introducing administrative penalties and consequences for unauthorized immigration services and misrepresentation. Canada Gazette, Part I, Volume 158, Number 51:?Read more

• February 4, 2025: Deadline for feedback on proposed amendments to Citizenship Regulations introducing administrative penalties for violations under the Citizenship Act. Canada Gazette, Part I, Volume 158, Number 51: Read more

• 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