Weekly Digest | December 24, 2023

Key Highlights:

Recent Immigration Case Law
Immigration Measures for Israel-Hamas Conflict
PRRA Eligibility for West Bank and Gaza
International Migrants Day
Temporary Measures for Sudanese Nationals in Canada
Study Permit Letter of Acceptance Verification
Expired Special Measures for Floods and Wildfires
Rural and Northern Immigration Pilot Update
International Experience Canada Program Update
Immigration Loans
Latest Express Entry and PNP Draws

Recent Case Law

Open Work Permit: In Almadani, 2023 FC 1703, the Federal Court granted the applicant’s judicial review of an open work permit (OWP) refusal. The applicant, an international student whose study permit expired in 2019, married another study permit holder in Canada and applied for an OWP during the pending status restoration. Despite the application post-permit expiration, the Court ruled the applicant was entitled to apply under IRPR subsection 199(e), making the refusal based on expired status unintelligible. Read more

Study Permit: In Habibipour, 2023 FC 1745, the Federal Court granted judicial review of a study permit and temporary resident visa refusal for the applicant, a young Iranian girl, and her mother. The Court found the visa officer’s decision unreasonable due to errors in financial analysis and misinterpretation of the applicant’s circumstances, including referring to “secondary studies” and misidentifying accompanying family members. Read more

Temporary Residence Permit: In Ferrera, 2023 FC 1717, the Federal Court granted judicial review for the applicant’s refusal of a Temporary Resident Permit (TRP). The applicant, a Filipino citizen and former live-in caregiver in Canada, faced refusal due to alleged “complete disregard” for Canada’s immigration laws. The Court found the decision unreasonable, highlighting errors in the timeline assessment and failing to acknowledge the applicant’s efforts to regularize her status post-permit expiry. Read more

IRCC News Updates

Immigration Measures for Israel-Hamas Conflict: On December 21, 2023, Canada announced temporary immigration measures in response to the Israel-Hamas conflict and Gaza’s humanitarian crisis. Immediate family members of Canadian citizens and Permanent Residents who have left Israel and the Palestinian Territories since the onset of the conflict, as well as Israelis and Palestinians currently in Canada who feel at risk of returning, are eligible for fee-exempt study or work permits. Additionally, there are special measures for supporting temporary residence and prioritized permanent residence applications for extended family members in Gaza related to Canadians. Applicants must fulfill all admissibility and eligibility criteria, with movement out of Gaza noted as particularly challenging. Read more Policy for Family Members from Israel and Palestine: Read more Policy for Israeli and Palestinian Temporary Residents in Canada: Read more

PRRA Eligibility for West Bank and Gaza: Effective December 22, 2023, Canada has expanded the Pre-Removal Risk Assessment (PRRA) eligibility to individuals from the West Bank and Gaza who received negative immigration decisions between December 23, 2022, and December 22, 2023, waiving the usual 12-month waiting period due to the region’s deteriorating conditions. Canada Border Services Agency will notify those subject to an enforceable removal order of their eligibility. Read more

International Migrants Day Statement by Canadian Ministers: On December 18, 2023, Ministers Marc Miller, Mélanie Joly, and Ahmed Hussen recognized the significant contributions of newcomers to Canada, highlighting the challenges and dangers of global migration. They reaffirmed Canada’s commitment to migrant rights and dignity, celebrating their societal and economic impact. The statement emphasized Canada’s global efforts, including $75 million for capacity-building in the Americas and welcoming 15,000 migrants from the Western Hemisphere, underscoring the importance of safe, orderly migration and international collaboration. Read more

Program Delivery Updates

Temporary Measures for Sudanese Nationals in Canada: As of December 22, 2023, special processing measures for nationals of Sudan in Canada have been extended until October 27, 2024. Updated guidelines clarify that applicants must be in Canada both at the time of application submission and decision. Read more

Study Permit Letter of Acceptance Verification: Effective December 1, 2023, designated learning institutions (DLIs) are required to verify letters of acceptance (LOA) for overseas study permit applications. This verification must be done using a new tool for electronic applications or via email for paper applications. The update adds a section on using the new tool and instructions for processing applications post-verification in the Global Case Management System (GCMS), along with subsections on LOA verification extension and validation status definitions in the LOA verification portal. Read more Verification Tool: Read more

Expired Special Measures for 2023 Nova Scotia Flood Victims: Announced on December 22, 2023, the special processing measures for individuals affected by the 2023 floods in Nova Scotia have expired. Applications submitted after November 30, 2023, are not eligible. Read more

Expired Special Measures for 2023 Canada Wildfires: Announced on December 22, 2023, the special processing measures for those affected by the 2023 wildfires across Canada have ended. Applications submitted after November 30, 2023, are ineligible for these measures. Read more

Work Permit Instructions for RNIP: As of December 21, 2023, instructions for processing work permit applications under the Rural and Northern Immigration Pilot (RNIP) have been updated. This includes the removal of temporary COVID-19-related instructions and adjustments to reflect the 2021 National Occupation Classification (NOC) changes. Additionally, the guidelines for work permit applications of spouses or common-law partners have been revised to align with the new instruction format. Read more

IEC Program Recognized Organizations: The International Experience Canada (IEC) Program’s updated list of recognized organizations, effective December 12, 2023, includes changes to the services offered and organizational recognition. Memorial University of Newfoundland has been removed, while International Internship Network (IIN) and Languages Canada have been added. Updated information is available for AIESEC Canada, GO International, the International Association for the Exchange of Students for Technical Experience (IAESTE), and International Rural Exchange / A-Way to Work. The revised instructions, modified on December 18, 2023, also detail the IEC program’s method for counting repeat participation. Read more

Immigration Loans: On December 18, 2023, IRCC revised the policy and guidance on the payment and collection of immigration loans, including updated contact information for collection services and the introduction of new payment methods. Cheque payments are no longer accepted. Read more

Express Entry and PNP Draws

Important Upcoming Dates

December 31, 2023: Termination of Temporary Resident Visa (TRV) policy at ports of entry. Read more

December 31, 2023: Conclusion of special measures for distance learning and post-graduation work permit validity. Read more

December 31, 2023: Deadline to apply for an additional 18-month extended post-graduate work permit. Read more

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

January 1, 2024: The Agri-Food Pilot is set to accept new applications with an annual cap of 2,750 applications. Read more

January 1, 2024: The Home Child Care Provider Pilot and the Home Support Worker Pilot are set to accept new applications with an annual cap of 5,500 new applications. 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 Türkiye-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