Weekly Digest | November 19, 2023

Key Highlights:

Recent Case Law

C12 Work Permit: In Koshteh, 2023 FC 1518, the Federal Court affirmed the Visa Officer’s decision to deny a temporary work permit for an executive director role under IRPR 205(a), exemption code C12. Concerns were raised about the financial viability of the Canadian subsidiary, citing high operating costs, limited financial documentation, and an unexplained reduction in the parent company’s staff. The Court found the officer’s decision to be procedurally fair and reasonable, dismissing the application for judicial review. Read more

Study Permit for Minor: In Naghianfesharaki, 2023 FC 1489, the Federal Court granted judicial review for a study permit refusal concerning a 7 or 8-year-old Iranian girl and her mother’s visitor visa. The Court held that the decision was unreasonable, citing the family’s financial resources well above the required threshold. It also criticized the officer’s inappropriate focus on the young girl’s “employment and education history” and “career plan”. The Court ordered a redetermination by a different decision-maker, emphasizing adherence to Ministerial guidelines and the importance of access to education for young children. Read more

British Columbia Prioritizes Construction Sector: Effective November 16, 2023, the British Columbia Provincial Nominee Program (BC PNP) will prioritize 25 construction occupations to support the Homes for People action plan, addressing the province’s residential housing and infrastructure needs for the upcoming five years. Workers in these roles with a valid B.C. trades qualification, certified by SkilledTradesBC or as part of a registered apprenticeship, will receive targeted invitations to apply. Read more

Ontario’s Working for Workers Four Act, 2023 – Focus on Immigrants: The act, introduced on November 14, 2023, includes specific provisions benefiting immigrants in Ontario. It aims to make Ontario the first province in Canada to ban the use of Canadian work experience as a requirement in job postings or application forms, improving job search prospects for qualified immigrant candidates. This is a part of Ontario’s ongoing efforts to support newcomers in building the province and integrating into the workforce. Read more

Collaborative Immigration Strategy Across Canada: On November 17, 2023, in Toronto, the Forum of Ministers Responsible for Immigration (FMRI) reinforced their commitment to a coordinated immigration approach. This strategy aims to address labour needs, social infrastructure pressures, and housing challenges. Key focuses include economic immigration, family reunification, and humanitarian responses. The ministers emphasized the importance of reducing processing times, supporting Francophone immigration outside Quebec, and aligning immigration with local labour market demands, particularly through the Provincial Nominee Program (PNP). Read more

New Humanitarian Pathway for the Americas: On November 17, 2023, Canada announced the launch of a family-based humanitarian pathway for Colombian, Haitian, and Venezuelan nationals. This initiative, part of Canada’s effort to provide safe migration options, aims to welcome 15,000 individuals through this and other existing programs. Eligibility includes family ties to Canadian citizens or permanent residents who will act as anchors. The program offers pre-arrival services and potential financial assistance, alongside additional measures like expanded temporary worker programs and the Economic Mobility Pathways Pilot to address migration challenges in the Western Hemisphere. Read more Backgrounder: Read more

National Settlement and Resettlement Funding Call for Proposals Opened: On November 15, 2023, Minister Marc Miller announced the launch of a funding call for settlement and resettlement service providers across Canada (excluding Quebec). The five-year funding agreements focus on supporting truth and reconciliation, providing a Francophone integration pathway, and enhancing services for racialized communities, 2SLGBTQI+, and other underrepresented groups. Application details are available on the IRCC website, with a deadline of January 31, 2024. Read more Call for Proposals 2024: Read more

Amendment Proposal for Removal Orders: Amendments propose changes to the division of authorities for issuing removal orders, shifting certain responsibilities from the Immigration Division (ID) to the Minister’s Delegate (MD). Key changes include streamlined processes for cases of misrepresentation on electronic travel authorization applications, failure to appear for medical examinations, and failure to appear at designated ports of entry. The 30-day public consultation period ends on December 18, 2023, at 11:59 pm EST. These amendments are aimed at enhancing efficiency and effectiveness in managing inadmissibility cases. Canada Gazette, Part I, Volume 157, Number 46: Read more