Weekly Digest | November 12, 2023

Key Highlights:

Recent Case Law

Mandamus – Federal Skilled Worker Program: The Federal Court issued a mandamus order in the Ghalibaf, 2023 FC 1408,case for an Iranian civil engineer whose Express Entry application had been pending for over 4.5 years, far exceeding the standard 26-month processing time. The Court deemed this extended delay, attributed to an overextended security screening process, as unreasonable, particularly due to the lack of specific and substantive reasons from the authorities to justify such a prolonged period. The Court mandated a decision on the application within 60 days. Read more

Manitoba at Destination Canada Mobility Forum 2023: The Manitoba Provincial Nominee Program, in collaboration with key organizations and employers, will participate in the Destination Canada Mobility Forum, organized annually by the Government of Canada. This recruitment event for bilingual skilled workers will take place in Paris, France, and Rabat, Morocco, from November 18 to 24, 2023, and will also offer a virtual version from December 4 to 6, 2023. The forum aims to connect Canadian employers from primarily English-speaking provinces with skilled bilingual candidates across various industries. Read more

Ontario to Prohibit Canadian Work Experience Requirement: On November 9, 2023, the Ontario government announced its intention to introduce legislation that will make it the first province in Canada to ban the requirement for Canadian work experience in job postings. This measure aims to aid internationally-trained immigrants in securing employment in their respective fields of study more easily. The legislation is expected to be implemented in December 2023, representing a significant move towards enhancing the accessibility and inclusivity of Ontario’s labor market for immigrants. Read more

New Act to Streamline Credential Recognition in British Columbia: On November 8, 2023, British Columbia’s International Credentials Recognition Act received royal assent, facilitating the process for internationally trained professionals in 29 occupations to gain employment in their specialized fields. This act targets skill shortages by making it easier for professionals, such as engineers, social workers, and paramedics, to have their credentials recognized. It requires 18 regulatory bodies to remove existing barriers, promoting a more efficient, transparent, and accountable credential recognition process. Read more

Canada Funds Francophone Immigration Research: On November 8, 2023, Immigration Minister Marc Miller announced $85,000 in funding for the Université de l’Ontario français to support the Observatoire en immigration francophone au Canada. This initiative aims to enhance understanding and support for Francophone immigration, crucial for the development of Francophone communities outside Quebec. The project aligns with Canada’s increased Francophone immigration targets and is part of the broader strategy outlined in the 2024–2026 Immigration Levels Plan and the Official Languages Action Plan 2023–2028. Read more

Automation for International Experience Canada (IEC) Work Permits: Announced on November 7, 2023, IRCC is enhancing the processing of IEC work permits through the introduction of automation. A newly developed tool will triage and preliminarily approve routine applications, thereby accelerating decision-making and improving overall efficiency. As part of IRCC’s commitment to leveraging technology, this tool is regularly reviewed to ensure its outcomes are consistent with those of human-reviewed applications. It aids officers by handling clerical tasks and sorting applications, allowing them to focus more on in-depth assessments and making final decisions. Read more

Permanent Residence Portal Expanded for Private Refugee Sponsors: As of November 6, 2023, IRCC has extended the Permanent Residence Portal to private refugee sponsor groups, with plans to include government-assisted refugee referral partners by the end of the year. This enhancement offers a more streamlined, secure, and efficient application process, enabling immediate submission confirmations and reducing the likelihood of incomplete applications. Read more

Increased Intake Cap for Afghan Family Reunification: IRCC has raised the application intake cap for the permanent residence of Afghan nationals’ families to 7,200, including principal applicants and family members. This policy aims to assist families of Afghan individuals who have aided the Government of Canada or Canadian Armed Forces and face increased risks from the Taliban. It provides exemptions from certain requirements of the Immigration and Refugee Protection Act and Regulations, enabling smoother processing for eligible Afghan nationals and their extended family members. Read more

OINP E-Filing System Changes: Beginning November 12, 2023, the OINP e-Filing portal will transition from ONe-key accounts to My Ontario accounts, necessitating account migration for applicants and representatives with existing applications or expressions of interest. This change is part of ongoing system improvements. Read more

Family Class Applications for Parents and Grandparents: On November 9, 2023, IRCC provided updated instructions to assist officers with the 2023 intake process for family class applications for parents and grandparents. Read more

Temporary Resident Visa: On November 9, 2023, IRCC updated instructions relating to the authorized period of stay for super visa holders. This modification is now included in the revised guidelines for the validity and expiry dates of temporary resident visas. Read more

Special Claimant Types for In-Canada Refugee Claims: On November 7, 2023, IRCC removed the “Military Deserters” subsection from the “Processing in-Canada Refugee Claims: Special Claimant Types” instructions. For any specific cases requiring guidance, a functional guidance request can be submitted. Read more

CRS Criteria for Certificate of Qualification: On November 6, 2023, IRCC issued an administrative update to the Comprehensive Ranking System (CRS) criteria, specifically concerning the Certificate of Qualification occupations. Notably, the NOC code for transport truck drivers has been removed from the list. This change is reflected in the updated Express Entry assessment instructions under section A11.2. Read more