Canadian Immigration Law | Weekly Digest

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??) Recent Immigration Case Law

??) Canada launches Rural and Francophone Community Immigration Pilots

??) Super Visa Health Insurance Requirements

??) Canada–United States Information Sharing Agreement

??) CBSA discontinues Pacific Crest Trail Permits

??) Alberta Enhances Border Security

??) British Columbia PNP Allocations Reduced for 2025

??) Changes to OINP streams for Self-Employed Physicians

??) Manitoba Boosts Border Security

??0) NFL Support for Internationally Trained Professionals

????) Updated Forms and Checklists

????) Important Upcoming Dates

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• Study Permit - Asuni v. Canada, 2025 FC 185: Nigerian citizen applied twice for a study permit to attend Holland College. Both applications were refused as the officer questioned the applicant's financial resources and relationship with her sponsor. Evidence provided, including a family tree and photograph, was found inadequate. The applicant argued procedural unfairness, but the Court ruled the decisions reasonable, emphasizing the applicant's burden to provide compelling evidence. Judicial review dismissed. Read more

• Mandamus - Contreras Monterroso v. Canada, 2025 FC 170: The applicant sought a writ of mandamus to compel processing of her spousal permanent residence application, which IRCC returned due to missing documents. A second application was submitted in 2023. The applicant argued for costs, claiming procedural issues with the returned application. Judicial review dismissed. The Court deemed the respondent’s position reasonable and found no special reasons to award costs. Read more

• Res Judicata - Gibbs v. Canada, 2025 FC 188: Canadian citizen’s second spousal sponsorship application was denied under the doctrine of res judicata, citing a 2018 IAD decision that had rejected the marriage as non-genuine. The applicant presented new evidence of the ongoing relationship, but the IAD found it insufficient to justify reconsideration. Judicial review dismissed. The Court upheld the reasonable application of res judicata. Read more

• Home Child Care Provider Class - Kaur v. Canada, 2025 FC 162: Indian citizen applied for permanent residence under the Home Child Care Provider Class but was refused for failing to meet educational equivalency requirements. The applicant submitted an ECA report showing five years of professional dental study, which was not accepted as equivalent to a one-year post-secondary credential. Judicial review granted. The Court found the officer’s decision unreasonable due to inadequate engagement with the evidence. Read more

• H&C - Nyamondo v. Canada, 2025 FC 149: Tanzanian citizen applied for permanent residence on humanitarian and compassionate grounds. The officer refused the application, finding her establishment in Canada and the best interests of her children insufficient to justify H&C relief. The applicant challenged the decision on procedural and substantive grounds. Judicial review granted. The Court ruled the decision unreasonable, highlighting errors in the assessment of the applicant’s circumstances. Read more

• Sponsorship - Rayan v. Canada, 2025 FC 183: Canadian permanent resident applied to sponsor her husband, whose application was denied due to alleged misrepresentation of his marital status. The IAD upheld the decision, finding that the husband’s foreign divorce was invalid under Canadian law. Judicial review dismissed. The Court ruled the IAD's conclusion reasonable, noting the evidence supported concerns about the divorce’s validity and procedural irregularities in the foreign proceedings. Read more

• Work Permit - Tirgovetu v. Canada, 2025 FC 155: Romanian applicants sought restoration of temporary resident status and work permits. The applications were denied due to non-compliance with conditions and concerns about a potentially fraudulent LMIA. Judicial review dismissed. The Court found the officer's concerns reasonable and noted that the applicants had failed to provide adequate responses to procedural fairness requests. Read more

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• Canada launches Rural and Francophone Community Immigration Pilots:?On January 30, 2025, Canada announced the launch of two new immigration pilots: the Rural Community Immigration Pilot (RCIP) and the Francophone Community Immigration Pilot (FCIP). These programs aim to help rural and Francophone minority communities attract and retain skilled newcomers to address labour shortages and support long-term regional growth. Eighteen communities have been selected to participate, with local economic development organizations working with IRCC to facilitate applications for permanent residence. Read more

• Super Visa Health Insurance Requirements:?As of January 28, 2025, IRCC announced that super visa applicants can now purchase private health insurance from foreign insurance companies authorized by the Office of the Superintendent of Financial Institutions (OSFI). This change removes the previous restriction requiring applicants to obtain insurance solely from Canadian providers. Super visa holders must still maintain valid health coverage for the duration of their stay in Canada. Read more

• Canada–United States Information Sharing Agreement:?On January 31, 2025, regulatory changes came into effect to expand the automated exchange of biographical and biometric information between Canada and the United States for permanent residents. The amendments enhance security screening and decision making for visa and immigration processes. Information will be exchanged only upon request during immigration screening, with privacy protections in place. This initiative strengthens visitor screening and helps identify non-genuine travellers before arriving at Canada’s ports of entry. Read more

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• Super Visa Program Delivery Instructions:?On January 28, 2025, IRCC updated instructions for the super visa program to reflect changes under Bill C-242, which received royal assent on June 22, 2023. The changes include a new framework allowing insurance policies issued by approved companies outside Canada, effective December 20, 2024. Read more

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• CBSA discontinues Pacific Crest Trail Permits:?As of January 27, 2025, CBSA announced it will no longer issue permits for entry to Canada via the Pacific Crest Trail without presenting oneself at a port of entry. This decision aligns with U.S. Customs and Border Protection (CBP) regulations and enhances security and compliance monitoring for trail users. Hikers must now enter Canada through designated ports of entry such as Osoyoos and Abbotsford. Read more

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• Alberta Enhances Border Security:?On January 30, 2025, Alberta announced new measures to secure the Alberta–U.S. border. The Interdiction Patrol Team (IPT) will target drug smuggling, gun trafficking, and illegal crossings, with 51 officers, support staff, patrol dogs, and surveillance equipment. Alberta also urged the federal government to appoint a border czar for improved collaboration. Read more

• British Columbia PNP Allocations Reduced for 2025:?On January 31, 2025, the federal government confirmed B.C.'s provincial nominee allocation is 4,000, a 50% decrease from 2024. The BC Provincial Nominee Program (BC PNP) will adjust its operations, including ITAs and student streams. The Health Authority and Entrepreneur streams will remain open. Processing times are expected to increase due to the reduced quota. Read more

• Changes to OINP streams for Self-Employed Physicians:?OnJanuary 28, 2025, the Ontario Immigrant Nominee Program (OINP) has updated both the Employer Job Offer: Foreign Worker stream and the Express Entry Human Capital Priorities and French-Speaking Skilled Worker streams for self-employed physicians. Applicants under NOC codes 31100, 31101, and 31102 can now qualify without a job offer or use self-employment to meet work experience requirements. Eligibility criteria include registration with the College of Physicians and Surgeons of Ontario and the ability to receive publicly funded health payments under the Health Insurance Act. These changes align with federal policy updates. Read more

• Manitoba Boosts Border Security:?On January 27, 2025, Premier Wab Kinew announced that Manitoba conservation officers are patrolling alongside the RCMP and CBSA to strengthen border security. Officers are stationed across key areas and use equipment like snowmobiles and helicopters to monitor secondary roads and backcountry areas. The patrols aim to prevent illegal crossings, drug trafficking, and smuggling. Read more

• NFL Support for Internationally Trained Professionals:?Newfoundland and Labrador now offers licensure assistance through the Fair Registration Practices Office, helping internationally and out-of-province trained professionals with licensure guidance, funding options, and employment pathways. Recent measures streamline licensing for nurses and provide fast-track licensure for physicians from approved countries. Read more

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• IMM 0155: Document Checklist: Atlantic Immigration Program: 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

• March 31, 2025:?Launch of the new Home Care Worker Immigration Pilots. Further details to follow. Read more

• March 31, 2025:?End date for extended work and study permit measures and free settlement services for Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization.?Read more Notices: Read more Policy: Read more

• March 31, 2025:?Expiry of the public policy allowing Ukrainians and their families in Canada under the Canada–Ukraine emergency travel authorization. Read more