Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Quebec Investor Candidates

??) Humanitarian Pathway for Sudanese Conflict

??) Temporary Refuge for Palestinian Nationals

??) Student Direct Stream Program

??) Latest PNP Draws

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• Humanitarian and Compassionate Grounds: In Olvera, 2023 FC 1760, the Federal Court found the Officer's decision to deny the applicant's permanent residency application on humanitarian and compassionate (H&C) grounds to be unreasonable. The Officer incorrectly applied legal standards, focusing on the applicant's ability to work and practice religion in Mexico rather than considering the applicant's established life and connections in Canada. The Court ordered the case to be redetermined by a different officer. Read more

• Study Permit Refusal: In Matouri, 2023 FC 1751, the Federal Court granted judicial review of a study permit refusal, citing errors in the Officer's assessment of the applicant's family ties in Iran and intentions for a temporary stay in Canada. The Court noted the Officer's failure to recognize the applicant’s strong connection to her elderly mother in Iran and misinterpretation of her study plan and career intentions. The decision was set aside for redetermination by a different officer. Read more

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• Quebec Investor Candidates: New Open Work Permit Eligibility: Starting January 1, 2024, a significant policy change will enable Quebec investor candidates who receive a notice of intent to be selected by Quebec to apply for an open work permit (administrative code T10). This development results from a new agreement between the Canadian Federal Government and Quebec, symbolizing a concerted effort to streamline the work permit process for these specific investor candidates. Read more

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• Humanitarian Pathway for Sudanese Conflict-Affected Families: Effective February 27, 2024, Canada introduces a Temporary Public Policy for permanent residence, supporting foreign nationals impacted by the Sudan conflict. This humanitarian pathway caters to those displaced since the conflict began on April 15, 2023. It is available to individuals outside Canada who were residents in Sudan at the start of the conflict and those lacking sustainable solutions elsewhere, including individuals currently in Canada. Eligibility criteria include having supportive family members in Canada and meeting specific documentation and financial conditions. The policy remains active for one year or until 3,250 applications are accepted, whichever occurs first. Read more Temporary Public Policy: Read more

• Temporary Refuge for Palestinian Nationals: Beginning January 9, 2024, a Temporary Public Policy is established for Palestinian nationals from Gaza, offering temporary resident visas for those with family in Canada. Responding to the Gaza crisis, this policy aims to assist Palestinian nationals who have family members in Canada ready to support them. It includes exemptions from certain aspects of the Immigration and Refugee Protection Act and Regulations. The policy will be valid until either 1,000 applications are processed or for one year, whichever comes first, and is subject to possible revocation. Temporary Public Policy: Read more

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• Student Direct Stream Program: New Ministerial Instructions for the Student Direct Stream Program have been introduced to prioritize certain study permit applications. Residents of specified countries must provide complete documentation, including paid tuition and a Guaranteed Investment Certificate (GIC), for priority processing. Language test results, either English or French, must be from designated organizations with specific score requirements. These changes come into effect on January 1, 2024, replacing previous instructions dated May 12, 2023. Canada Gazette Part I, Volume 157, Number 52: Read more

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• Manitoba PNP: Read more
• Saskatchewan Immigrant Nominee Program: Read more

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• Early 2024: Anticipated IRCC acceptance of Pearson Test of English Core. Read more

• January 1, 2024: Regulatory changes under the Ontario Immigration Act, 2015, will expand eligibility for international students applying for the Ontario Immigrant Nominee Program (OINP). Read more

• January 1, 2024: Post-Graduate Work Permit applicants must complete at least 50 percent of their studies in the classroom in Canada in order to qualify. Read more

• January 1, 2024: The Agri-Food Pilot is slated to open for new applications, subject to an annual limit of 2,750. Read more

• January 1, 2024: Application intake for the Home Child Care Provider Pilot and the Home Support Worker Pilot will commence, with a combined annual cap of 5,500. Read more Ministerial Instructions: Read more

• January 1, 2024: Implementation of policy allowing international students to work over 20 hours weekly. Read more

• January 1, 2024: Introduction of new financial requirements for study permit applicants. Read more

• January 1, 2024: Annual wage review requirement for employers of temporary foreign workers begins. Read more

• January 3, 2024: Special processing measures for 2023 Tu?rkiye-Syria earthquake relief end. Read more

• January 11, 2024: Start of Canada's recognition of apostille certificates. Read more

• January 15, 2024: Closing date for comments on CBSA's inadmissibility and removal process proposal. Canada Gazette, Part I, Volume 157, Number 50: Read more

• January 15, 2024: Deadline for feedback on new regulations under the Preclearance Act, 2016. Canada Gazette, Part I, Volume 157, Number 50: Read more

• January 31, 2024: Settlement Program and Resettlement Assistance Program proposal deadline. Read more