Weekly Digest | January 7, 2024

Key Highlights:

Recent Immigration Case Law
Processing and Collection of Fee Changes
Resettlement Updates
International Experience Canada for Italians
Temporary Resident Visa Exemption for Military Members
Parent and Grandparent Sponsorship Freeze
Immigration Loans Program
OINP Eligibility Expansion
French Proficiency Requirement for Quebec Immigration
Quebec Business Immigration Programs

Recent Case Law

Adoption Status: In Habte, 2024 FC 8, the Federal Court granted judicial review of the refusal of the applicant’s permanent residency application, citing the IRCC officer’s decision as unreasonable. Key reasons include the officer’s failure to recognize the applicant as the sponsor’s legally adopted child; inadequate authentication of essential documents, such as the adoption certificate; neglect in acknowledging the applicant’s status as a de facto family member, evidenced by overlooking financial dependency and familial connections; and a significant oversight regarding the best interests of the child (BIOC) in the decision-making process. Read more

Spouse or Common Law Partner in Canada Class: In Chakhnashvili, 2024 FC 5, the Federal Court upheld the IRCC officer’s denial of the applicant’s permanent residency application. The officer’s decision was deemed reasonable for several reasons: misrepresentation regarding a biological child shared with the sponsor; insufficient evidence of the marriage’s genuineness, raising doubts about its purpose for immigration benefits; failure to satisfactorily address the officer’s concerns about the couple’s cohabitation and relationship; and lack of adequate response to requests for essential documentation, such as the child’s long-format birth certificate. Read more

Security Grounds in Study Permit: In Li, 2023 FC 1753, the Federal Court upheld the refusal of the applicant’s study permit application by an IRCC officer. The officer deemed the applicant inadmissible on security grounds, suspecting potential espionage activities based on his field of study and education history, including his connection to Beihang University, known for its defense industry ties in China. The court agreed with the officer’s broad interpretation of “espionage” under the IRPA, encompassing non-traditional information gathering potentially harmful to Canadian interests. The applicant’s interest in microfluidics, aligned with China’s strategic tech goals, further raised concerns about possible future information sharing detrimental to Canada. Read more

Program Delivery Updates

Processing and Collection of Fee Changes: Effective December 1, 2023, fee increases were applied to temporary resident permits, restoration of status, rehabilitation for criminality and serious criminality, and authorization to return to Canada. Updated instructions and details on these changes were issued on January 4, 2024, outlining the new fee structures and application guidelines. Read more

Resettlement – Program Delivery Partners, Roles, and Responsibilities: As of January 5, 2024, updated information is available concerning the roles and responsibilities of resettlement program delivery partners. This includes IRCC branches like RASO, RSAT, and ROC-O, as well as external entities such as CBSA, GAC, IOM, and UNHCR. The update emphasizes considerations for special or priority cases, addressing urgent protection, vulnerable groups, and specific persecution types. Read more

Italian Citizens’ Eligibility for International Experience Canada: As of January 5, 2024, there are revised instructions for Italian citizens applying under the International Experience Canada (IEC). Italian applicants must provide a certified English or French translation of their “certificato di residenza” to prove residency in Italy, adhering to the requirements of the bilateral agreement between Italy and Canada. Applicants from Italy must meet the residency criteria at the time of their application. Read more

Temporary Resident Visa Exemption for Military Members: Posted on January 3, 2023, program delivery instructions have been updated to include exemptions for military personnel from countries designated under the Visiting Forces Act. This exemption also applies to designated civilians and their family members. Read more

Canada Gazette Updates

Parent and Grandparent Sponsorship Freeze: New permanent resident visa and sponsorship applications for sponsors’ parents or grandparents are on hold starting January 1, 2024. Processing in 2024 is limited to applications received in 2023, capped at 15,000. No further applications for this category will be accepted in 2024 unless new instructions are issued. Canada Gazette, Part I, Volume 158, Number 1: Read more

Immigration Loans Program: The maximum loan amount for the Immigration Loans Program has been increased to $300 million as per the amendment registered on December 19, 2023. This change, under SOR/2023-279, aims to support the program’s mission of aiding eligible immigrants with transportation and settlement costs in Canada, especially resettled refugees. The amendment facilitates their arrival and integration, ensuring the program’s sustainability amid rising loan demands. The new regulation is effective immediately upon registration, with IRCC overseeing its implementation and compliance. Canada Gazette, Part II, Volume 158, Number 1: Read more

Provincial Nominee Program News

OINP Employer Job Offer: International Student Stream: The Ontario Immigrant Nominee Program (OINP) has expanded its eligibility criteria for the Employer Job Offer: International Student stream. Effective January 1, 2024, international students with any one-year Ontario College Graduate Certificate are now eligible, marking a shift from the previous requirement of a degree as an admission prerequisite. Additionally, the Expression of Interest (EOI) scoring system and the list of eligible educational institutions have been updated. Read more Scoring Factors: Read more Eligible Institutions List: Read more

French Proficiency Requirement for Quebec Immigration: Starting in June 2023, the Regular Skilled Worker Program (RSWP) in Quebec requires individuals to have a spoken French proficiency of level 7 or higher according to the Échelle québécoise des niveaux de compétence en français. This requirement has been extended to include individuals with validated job offers outside the Communauté métropolitaine de Montréal (CMM), effective from the first invitation exercise in 2024. Employers are advised to verify the French language proficiency of potential recruits for eligibility under the RSWP. Read more

Reform of Quebec Business Immigration Programs: Effective January 1, 2024, significant changes have been made to Quebec’s business immigration programs, initially published in the Gazette officielle du Québec on November 8. These reforms, applicable to investors, entrepreneurs, and self-employed individuals, are designed to improve their integration into Quebec’s business community, particularly through the use of French, and to ensure their commitment to the region where they settle. Proficiency in French is now mandatory for all economic immigration programs in Quebec. Read more

Important Upcoming Dates

January 9, 2024: Implementation of the Temporary Public Policy for Palestinian nationals from Gaza. This policy provides temporary resident visas to those with family in Canada. It remains valid until either 1,000 applications are processed or one year elapses. Read more

January 11, 2024: Commencement of Canada’s recognition of apostille certificates. 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