Weekly Digest | January 14, 2024

Key Highlights:

Recent Case Law

Temporary Resident Visa – Misrepresentation: In Sharsheev, 2024 FC 49, the Federal Court granted judicial review for a Temporary Resident Visa (TRV) refusal due to misrepresentation. The applicant, a citizen of Kyrgyzstan, failed to disclose a prior U.S. visa refusal. The Court ruled that the IRCC officer did not sufficiently justify why the omission was materially relevant under the Immigration and Refugee Protection Act (IRPA), merely stating its relevance without explaining how it could lead to an error in administration. The absence of clear reasoning, especially given the applicant’s situation, led to the decision. The case has been reassigned for redetermination by a different officer. Read more

Work Permit: In Singh, 2023 FC 1754, the Federal Court granted judicial review for a work permit refusal of an Indian citizen residing in the UAE. The refusal was based on concerns about the applicant’s language ability and his immigration status outside his country of nationality. The Court found that the officer’s decision lacked adequate explanation, particularly regarding the applicant’s ability to perform job duties as a long-haul truck driver with an IELTS reading score of 4.0. Additionally, the officer’s conclusion on the applicant’s likelihood to leave Canada, considering his stable employment in the UAE and family ties in India, was deemed unjustified. The case was remitted for redetermination by a different decision-maker. Read more

C12 Work Permit: In Raveshi, 2024 FC 15, the Federal Court dismissed the judicial review of a work permit application refusal for an Iranian CEO applying as a startup intra-company transferee under LMIA exemption code C12. The Court deferred to the IRCC officer’s evaluation, which determined that the applicant’s business plan for the startup did not convincingly demonstrate significant benefits to Canada or establish a competitive advantage in Vancouver’s IT sector. Additionally, concerns were raised about the applicant’s English language skills for effective customer interactions in Vancouver. Read more

Temporary Resident Pathway for Palestinian Extended Family in Gaza: On January 9, 2024, the temporary resident pathway for extended family members in Gaza was opened. This initiative is designed to assist Palestinians with family ties to Canada by offering fee-exempt study or work permits, health coverage, and settlement services, acknowledging challenges in leaving Gaza due to regional restrictions. The policy remains in effect until January 9, 2025, or until 1,000 applications are processed. Read more

New Definition of Health and Social Services, Revised Excessive Demand Cost Threshold: IRCC updated its policies on January 12, 2024, to reflect the new definition of health and social services according to the amendments in the Immigration and Refugee Protection Regulations (IRPR). This revision includes the new excessive demand cost threshold for 2024. Read more

Extension of Temporary Public Policy for Out-of-Status Construction Workers in GTA: IRCC extended the temporary public policy for out-of-status construction workers in the Greater Toronto Area (GTA) to July 2, 2024. This policy provides a pathway to permanent resident status for qualifying workers, with comprehensive instructions updated for intake, application processes, admissibility, and permit issuance, including provisions for dependents outside Canada. Read more

Measures for Israeli and Palestinian Nationals in Canada: IRCC introduced new facilitative measures on January 11, 2024, to support Israeli and Palestinian nationals in Canada. These measures allow individuals to alter the conditions of their temporary stay, including the issuance of fee-exempt study permits and open work permits for those impacted by the ongoing conflict in Israel and the Palestinian Territories. Read more

Study Permit Financials: As of January 1, 2024, Minister Marc Miller has announced updated financial requirements for study permit applicants. Outside Quebec, applicants now need to show proof of funds amounting to CAD 20,635, in addition to tuition and travel costs, an increase from the previous CAD 10,000 requirement. In Quebec, applicants are to adhere to the financial guidelines stipulated by the local ministry. The Student Direct Stream (SDS) has also been updated to reflect these changes, with varying requirements based on the application’s date and province of study. Read more

End of Special Measures for 2023 Earthquakes in Türkiye and Syria: IRCC has concluded the special processing measures for those affected by the 2023 earthquakes in Türkiye and Syria. Applications submitted after January 3, 2024, will not be eligible for these measures; however, guidance remains accessible for processing applications received by the deadline. Read more

Language and Cultural Advisors: IRCC has revised the guidelines for processing Language and Cultural Advisors (LCAs) applications on January 9, 2024. The update encompasses new protocols for intake, completeness, admissibility, approval, post-approval, and eligibility criteria. Read more

January 15, 2024: Announcement of funding for internationally educated health professionals through the Foreign Credential Recognition Program. Read more

January 15, 2024: Deadline for submitting comments on the CBSA’s proposal for inadmissibility and removal processes. Canada Gazette, Part I, Volume 157, Number 50: Read more

January 15, 2024: Final day for feedback on the new regulations under the Preclearance Act, 2016. Canada Gazette, Part I, Volume 157, Number 50: Read more

January 31, 2024: Deadline for proposals relating to the Settlement Program and the Resettlement Assistance Program. 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