Weekly Digest | February 18, 2024

Key Highlights:

Recent Case Law

Post-Graduation Work Permit: In Kaur, 2024 FC 258, the Federal Court denied a 25-year-old Indian citizen’s judicial review request. The applicant’s academic suspension and failure to maintain full-time student status during her studies, along with her attendance at a non-PGWP-eligible institution, ABM College, led to the refusal of her PGWP application. The court supported the immigration officer’s decision, emphasizing her inability to fulfill the program’s full-time status requirements and the absence of evidence for authorized leave between educational institutions. Read more

Work Permit Extension: In Swanepoel, 2024 FC 23, the Federal Court dismissed a judicial review concerning a work permit extension request. The applicant sought an extension due to COVID-19 travel restrictions preventing her entry into Canada as her work permit was about to expire. The court found her webform inquiry lacked necessary detail and clarity. IRCC’s advice for the applicant to reapply with new medical examinations was considered reasonable. The court also saw no breach of procedural fairness from missing tribunal record documents, deeming them irrelevant to the decision. Read more

C11 Work Permit: In Zendehdel, 2024 FC 207, the Federal Court examined the refusal of a work permit to an Iranian citizen intending to start an IT and digital marketing service business in Canada. Filed under the LMIA-exempt “C11 Significant Benefit – Entrepreneurs/Self-employed” category, the application was rejected due to concerns about the applicant’s intention to leave Canada post-employment, the financial viability of the proposed business, and the sufficiency of documentation demonstrating significant benefit to Canada. The court affirmed the officer’s rationale, highlighting the applicant’s failure to provide compelling evidence of financial readiness and the realistic nature of the business plan in a competitive market. Read more

Launch of “Upgrade Your Skills” Campaign in Canada: Acknowledging the changing dynamics of the labour market, the Government of Canada has launched the “Upgrade Your Skills” advertising campaign. Announced by Minister Randy Boissonnault, this initiative, from February 5 to March 31, 2024, seeks to inform Canadian youth and adults about available financial support and programs to enhance their skills for today’s job market. It focuses on various resources, including financial assistance through the Canada Student Financial Assistance Program, education savings benefits, and support for newcomers in navigating the credential recognition process. Read more

Work Permits for Provincial Business Candidates and Quebec Self-Employed: As of February 16, 2024, provinces and territories have updated their support letters for entrepreneur work permit applicants. These updates ensure the letters confirm the applicant’s commitment to starting a genuine business that significantly contributes to the cultural, social, or economic benefits within the respective province or territory. For Quebec-bound entrepreneurs or self-employed persons holding a Quebec Selection Certificate (CSQ), the work permit validity has been extended from 2 to 3 years to ease the transition to permanent residency. Read more

Post-Graduation Work Permit: Key updates to the PGWP program were enacted on February 15, 2024. Master’s degree graduates can now receive a 3-year PGWP, regardless of their program’s duration being under 2 years, provided they fulfill other criteria. Starting September 1, 2024, students in curriculum licensing agreement programs will no longer be eligible for PGWPs. Additionally, special measures for distance learning and PGWP validity have been extended to August 31, 2024, to support current educational dynamics. Read more

Work Permit Applications at Ports of Entry: On February 14, 2024, IRCC clarified eligibility criteria for work permit applications at ports of entry, specifying that certain applicants should apply online. This update simplifies the process by replacing previous instructions and aims to improve efficiency for applicants under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). Read more

Agri-Food Pilot Program: Changes to the Agri-Food Pilot Program were introduced on February 12, 2024, following ministerial instructions from May 8, 2023. These changes allow applicants within Canada to meet either the job offer or education requirements, not both. Work experience gained under an open work permit for vulnerable workers is now also recognized. Read more

Alberta Opportunity Stream Intake Pause: The Alberta Advantage Immigration Program announced a temporary halt to Alberta Opportunity Stream applications as of February 15, 2024, to better manage existing applications and focus on nominations that address labour shortages in critical areas such as healthcare, technology, construction, agriculture, tourism, and hospitality. The AAIP will continue processing applications received prior to the pause, but draft applications in the portal awaiting fee payment will not be processed. Read more

Alberta New Tourism and Hospitality Immigration Stream: On February 13, 2024, the AAIP announced a new immigration stream starting March 1, 2024, aimed at supporting Alberta’s tourism and hospitality sectors’ labour needs. This initiative aligns with Alberta’s goal to significantly boost its visitor economy and capacity to meet demand. Targeting individuals already employed in the sector for at least six months who meet the criteria for permanent establishment in Alberta, this stream aims to strengthen Alberta’s tourism and hospitality workforce. Read more Press Release: Read more

Ontario’s Business Mission to India: Ontario concluded a successful business mission to India, led by Minister Vic Fedeli, aimed at attracting new investments and strengthening connections in technology, life sciences, and advanced manufacturing. Notable investments include a $4.7 million investment by Piramal Pharma Ltd. to upgrade its Aurora facility, and

Removal Orders and Immigration Document Cancellation: Effective March 15, 2024, the Immigration and Refugee Protection Act is amended to improve the process of cancelling immigration documents for individuals issued a removal order. These changes entail the automatic invalidation of temporary resident visas (TRVs), electronic travel authorizations (eTAs), and temporary resident permits (TRPs) upon issuing a removal order. Moreover, the amendments specify procedures for nullifying work and study permits when a removal order becomes enforceable, introduce a distinct section for the cancellation of immigration documents following removal orders, and clarify the conditions under which these documents will be cancelled. Canada Gazette, Part II, Volume 158, Number 4: Read more

February 27, 2024: Launch of the Temporary Public Policy offering permanent residence to foreign nationals affected by the Sudan conflict. This policy is active until 3,250 applications are received or for a duration of one year. Read more