Weekly Digest | November 5, 2023

Key Highlights:

Recent Case Law

Study Permit – Misrepresentation: In Kaur, 2023 FC 1454, the Federal Court confirmed an inadmissibility decision against an applicant for submitting a falsified college acceptance letter. The Court stressed that the onus is on applicants to ensure the accuracy and integrity of their documents, noting that reliance on third-party consultants does not absolve them from this responsibility. Read more

Quebec Business Class – Mandamus: The Federal Court dismissed an Iranian applicant’s mandamus request in Javid, 2023 FC 1440, citing a justified delay due to a significant backlog in the Quebec Business Class program, with 6,627 awaiting decisions and annual admission caps set between 4,000 to 4,300. The Court ruled that the 38-month processing time, within the 62-65 month expected period, adheres to the ministerial policy under the Canada-Quebec Accord. Read more

Dependent Child – Misrepresentation: In James, 2023 FC 1425, the Federal Court backed the denial of permanent residency for a stepchild who did not qualify as a ‘dependent child’ and faced misrepresentation allegations. The Court dismissed claims of procedural unfairness, emphasizing the necessity for applicants to precisely address issues in procedural fairness letters. Read more

SINP Expansion for Intermediate and Lower-Skilled Workers: The Saskatchewan government has broadened the Saskatchewan Immigrant Nominee Program (SINP) to include intermediate and lower-skilled job sectors. This expansion allows more work permit holders in occupations like farming, truck driving, and retail to apply for permanent residency, addressing labor market gaps and improving worker retention. Read more

2024–2026 Immigration Levels Plan: On November 1, 2023, Minister of Immigration, Marc Miller, announced Canada’s immigration targets: 485,000 new permanent residents in 2024, increasing to 500,000 for 2025 and 2026. This strategy emphasizes economic growth, allocating over 60% to economic immigration, and raises targets for Francophone immigration outside Quebec. The plan ensures immigration policies align with national housing, healthcare, and infrastructure capabilities, fostering economic and population growth. Read more Supplementary Information: Read more

2023 Consultations on Immigration Levels Report: IRCC’s report, informed by input from 633 of 4,780 invited organizations, influences policies on economic, family, and humanitarian immigration. This inclusive process helps refine the Express Entry system and ensures immigration meets economic and labor market needs. Read more

2023 Annual Report to Parliament on Immigration: In 2022, IRCC processed a record 5.2 million applications, welcoming over 437,000 permanent residents and over 604,000 temporary workers to alleviate labor shortages. The report underscores the successful exceedance of targets for French-speaking immigrants, affirming immigration’s vital role in Canada’s economic and cultural prosperity. Read more

Strategic Immigration Review Report: Released by Minister Marc Miller on October 31, 2023, this report outlines major reforms, including a Francophone Immigration Policy and a Recognized Institutions Framework to accelerate study permit processing, aimed at aligning immigration policies with labor market demands. Read more Live YouTube Recording: Read more

Resettlement Goal Achieved for Afghan Refugees: Canada has met its goal to resettle 40,000 Afghan refugees, marking a substantial commitment to providing refuge for those impacted by the crisis in Afghanistan. This effort is among the largest Afghan resettlement initiatives globally, with ongoing priority processing for eligible Afghan applications. Read more

Permanent Resident Card and Status: IRCC has revised its guidance on PR cards and status, enhancing searchability and updating legal processing considerations. New templates for client notifications on PR card collection are in place, alongside fresh instructions on policy and administration. Obsolete directives, ENF 27 and OB 491, have been deleted. Read more

Exemption for Family Class and Spouse or Common-Law Partner (SCLP) Class Sponsorship: IRCC has extended the pilot program exempting certain family class and SCLP class applicants from exclusion under paragraphs R117(9)(d) or R125(1)(d) of the IRPR until September 10, 2026. This policy allows previously excluded non-accompanying family members to be sponsored for permanent residence. Read more

Atlantic Immigration Program: The Atlantic Immigration Program (AIP) has been updated to remove the 90-day commitment for applying for permanent residence, extend work permit validity to two years, and update guidance to the NOC 2021 language criteria. These changes are reflected in the updated AIP instructions under the International Mobility Program. Read more