Weekly Digest | January 28, 2024

Key Highlights:

Recent Immigration Case Law
Pathway for Former Minors in State Care
Fee Waiver for Permanent Residence Applicants under Child Protection
Study Permit Attestation Letter Requirement
Cap on Student Permits
Canada Accepts Court Decision on Citizenship by Descent
Update for Assessing the Sponsor
International Mobility Program for Military Personnel and Family Members
Francophone Mobility
Study Permits Off-Campus Work
Alberta Boosts Tourism and Economic Growth
Latest Express Entry and PNP Draws

Recent Case Law

Spousal Sponsorship: In Howard, 2024 FC 111, the Federal Court upheld the Immigration Appeal Division’s (IAD) decision in favour of spousal sponsorship, dismissing the Minister of Citizenship and Immigration’s review application. The Minister challenged the genuineness of the marriage based on altered text messages. However, the Court agreed with the IAD’s comprehensive assessment, which included various factors and evidence like the couple’s history, interactions, and mutual support. The IAD’s decision, considering testimony and photographs, effectively demonstrated the marriage’s authenticity, despite concerns over text alterations. The judicial review application was rejected with no question certified for appeal. Read more

Temporary Resident Visa – Misrepresentation: In Bhushan, 2024 FC 107, the Federal Court granted judicial review of a TRV refusal for an Indian citizen, where the main issue was the alleged misrepresentation of the applicant’s Income Tax Return (ITR) from India. The IRCC officer deemed the ITR fraudulent, leading to the refusal. Despite the applicant’s detailed response to a Procedural Fairness Letter, which included methods for authenticating the ITR through the Indian government’s portal, the officer maintained the misrepresentation claim. The Court found the decision unreasonable due to a lack of clear reasoning on the ITR’s authenticity and transparency in the officer’s analysis. The case was referred for redetermination by a different officer. Read more

Start-Up Intra-Company Transfer: In Rahimi, 2024 FC 70, the Federal Court upheld the refusal of a work permit under the C12 Intra Company Transferee category for an Iranian citizen. The IRCC officer concluded that the Canadian subsidiary would not significantly benefit Canada, as required by IRPR 205(a). Key concerns were raised over the subsidiary’s proposed salaries, which were at or below the low end of Toronto’s market range, casting doubt on potential job creation. The Court found the IRCC’s decision reasonable and justified. Read more

Temporary Public Policies

New Permanent Residence Pathway for Former Minors in State Care: Effective January 22, 2024, Canada has implemented a public policy providing a pathway to permanent residence for individuals who arrived as minors under child protection services but did not secure permanent residence or citizenship. Valid until January 21, 2027, this policy is designed for those who entered Canada before age 19, have continually resided in Canada, and were in state care for at least a year. It also applies to in-Canada family members under specific conditions. This initiative not only addresses the vulnerability of these individuals and their risk of deportation but also acknowledges their long-term residence in Canada. Additionally, eligible individuals who previously could apply for a Temporary Resident Permit (TRP) and work or study permit under child protection services can now pursue permanent residency through this pathway. Read more Program Delivery Update: Read more Notice: Read more

Fee Waiver for Permanent Residence Applicants under Child Protection: Effective January 22, 2024, the Government of Canada has introduced a policy to waive certain application fees for permanent residence applicants who arrived in Canada as minors under child protection. This exemption, valid until January 21, 2027, applies to processing and biometrics fees, supporting individuals in this vulnerable group by reducing their financial burden. Read more

IRCC News Updates

Study Permit Attestation Letter Requirement: Effective January 22, 2024, most students are now required to include an attestation letter from the province or territory of their intended study with their study permit application. Applications without an attestation letter will be returned unless the applicant is a minor child in primary or secondary school (kindergarten to grade 12), a student in a master’s, PhD, or other post-graduate program, or someone applying to extend their study permit. Read more

Cap on Student Permits: The Canadian Government, led by Minister Marc Miller, will limit new international student permits to approximately 360,000 for 2024, a 35% decrease from 2023. This two-year measure includes province- and territory-specific caps and excludes study permit renewals, master’s, doctoral, elementary, and secondary students. Beginning January 22, 2024, study permit applications must include an attestation letter from the relevant province or territory. Additionally, changes to the Post-Graduation Work Permit Program starting September 1, 2024, include ineligibility for students in curriculum licensing arrangements and a three-year work permit for master’s graduates. Open work permits will be limited to spouses of students in master’s and doctoral programs. Read more Backgrounder: Read more

Canada to Accept Court Decision on Citizenship by Descent: On January 22, 2024, Immigration Minister Marc Miller announced the government’s decision not to appeal the Ontario Superior Court of Justice’s ruling from December 19, 2023, which found the ‘first generation limit’ to Canadian citizenship by descent unconstitutional. This limit prevented children born abroad in the second generation from automatically acquiring Canadian citizenship. Acknowledging the law’s unacceptable impact on Canadians with children born outside Canada, the government commits to reevaluating the legislation and ensuring the citizenship process remains fair and transparent. Read more

Program Delivery Updates

Applications Under Family Classes – Assessing the Sponsor: On January 26, 2024, IRCC has updated its guidelines for assessing sponsors in family class applications. This update specifically addresses how changes in family size are considered for parent and grandparent sponsorship applications. Read more

International Mobility Program – Military Personnel and Family Members: On January 26, 2024, IRCC has revised terminology in the IMP, replacing “civilians” with “designated civilians.” This change more accurately describes members from designated states under the Visiting Forces Act who are not military personnel but are part of a visiting force’s civilian component. Additionally, updated contact information for work authorization requests for military personnel and their family members has been provided. Read more

Francophone Mobility: On January 25, 2024, IRCC’s updated guidelines now specify that the primary agriculture occupation exception in the Francophone Mobility program is limited to NOC TEER categories 4 and 5. Applicants in NOC TEER categories 0–3 in primary agriculture remain eligible under code C16. Read more

Study Permits – Off-Campus Work: The Minister announced two temporary public policies on December 7, 2023, regarding off-campus work for full-time international students. The first policy, effective from November 15, 2022, to April 30, 2024, allows eligible students who applied for their study permit on or before October 7, 2022, to work off campus for more than 20 hours per week during regular academic sessions. The second policy, effective from January 1, 2024, to April 30, 2024, extends this privilege to students who applied between October 8, 2022, and December 7, 2023. Both policies aim to provide greater work flexibility for international students during their studies. Read more

Provincial Government News

Alberta Boosts Tourism and Economic Growth: Alberta’s government invested over $20 million in 2023 through Travel Alberta’s Tourism Investment Program to support tourism growth, contributing to a vibrant visitor economy. This investment focuses on rural development, cultural events, and shovel-ready tourism projects, enhancing attractions like Grande Prairie’s music festivals and unique experiences in Twin Butte. Notable projects include the support for Calgary’s Telus Spark Science Centre, showcasing innovations like the robot-coaster. Read more

Express Entry and PNP Draws

Important Upcoming Dates

January 30, 2024: Release of the updated Study Permit Extension Form (IMM5709), which must be used by all applicants seeking to extend their study permits in Canada from this date forward. Read more

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

February 9, 2024: Deadline for public feedback on the Northwest Territories Immigration Strategy Extension. Read more

February 16, 2024: Applications open for the Manitoba Settlement Support Services 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