Canadian Immigration Law
Weekly Digest | March 10, 2024
Key Highlights:
- Recent Immigration Case Law
- Survivors of Sexual and Gender-Based Violence in Mexico
- New Pilots for Rural and Francophone Communities
- RNIP Transitions to a Permanent Program
- IRCC Caregiver Program Survey
- Work Permit Protocol for Mexican Temporary Workers
- PEI Changes for International Students
- Proposal for IEC Program Changes
- Latest PNP Draws
Recent Case Law
- Spousal Sponsorship: In Dewan, 2024 FC 375, the Federal Court dismissed a judicial review sought by the applicant regarding her spousal sponsorship refusal. The Immigration Appeal Division determined the marriage to the applicant’s spouse was not genuine, aimed primarily at securing immigration status in Canada. Credibility issues, including inconsistent relationship histories and unclear divorce status from a previous marriage, underscored the decision. The court concurred with the IAD, highlighting the absence of convincing evidence for a bona fide marital relationship, leading to the refusal. Read more
- Work Permit – Misrepresentation: In Popat, 2024 FC 379, the Federal Court affirmed the refusal of a work permit based on alleged misrepresentation in the applicant’s employment history. Discrepancies emerged between her work permit application and an earlier visitor visa submission. Although she sought to withdraw her application and requested additional time to respond to a Procedural Fairness letter, the court determined she had ample opportunity to clarify these discrepancies. It agreed with the officer’s assessment that the inaccuracies in her employment history could lead to administrative errors under the IRPA, noting that her attempts to retract her application did not negate the issue of misrepresentation. Read more
- Temporary Resident Permit – Study Permit: In Khandakar, 2024 FC 383, the Federal Court dismissed the judicial review of a Temporary Resident Permit (TRP) and study permit refusal. The applicant cited health issues and cognitive limitations as reasons for not understanding her immigration status and failing to renew her study permit on time. However, the court ruled that such reasons did not constitute compelling grounds for the issuance of a TRP. It underscored the discretionary nature of TRPs and emphasized the individual’s responsibility to maintain legal immigration status. Read more
Temporary Public Policies
- Resettlement of Women in Mexico Who Are Survivors of Sexual and Gender-Based Violence: Announced by Minister Marc Miller on February 26, 2024, this temporary policy aims to provide a secure migration route to Canada for up to 100 women and their families who have endured sexual and gender-based violence and are currently in Mexico. Key partners include Reed Smith LLP, tasked with identifying eligible individuals for resettlement as Convention Refugees or Country of Asylum class members, and the Canadian Centre for Victims of Torture (CCVT), offering essential two-year post-arrival support. Read more
IRCC News Updates
- New Pilots for Rural and Francophone Communities: On March 6, 2024, Canada announced the Rural Community Immigration Pilot and Francophone Community Immigration Pilot, set to start in Fall 2024. The Rural Pilot will facilitate permanent residency for skilled newcomers in rural areas, while the Francophone Pilot focuses on attracting French-speaking immigrants to Francophone minority communities outside Quebec. Community selection for the pilots begins this Spring, promising targeted support for Canada’s diverse regions. Read more Media Advisory: Listen
- RNIP Transitions to a Permanent Program: The Rural and Northern Immigration Pilot (RNIP), a successful program for attracting skilled foreign workers to remote Canadian communities, is transitioning into a permanent immigration pathway. To date, 5,158 newcomers have received permanent residency under the RNIP, and 87% have remained in their communities. IRCC has now extended the deadline for community recommendations to July 31, 2024, with the permanent residence application deadline on August 31, 2024. The process involves meeting IRCC and specific community eligibility requirements, securing a job in one of the communities, obtaining a community recommendation, and then applying for permanent residency. Read more Media Advisory: Listen
- IRCC Caregiver Program Survey: IRCC is inviting caregivers from the Home Child Care Provider and Home Support Worker Pilots to participate in a survey. Running from March 8 to March 22, 2024, this survey aims to gather insights on the experiences and opinions of caregivers to enhance future programming. Participation is voluntary, confidential, and does not impact any IRCC applications or statuses. Read more
- New Work Permit Protocol for Mexican Temporary Workers: Canadian employers and representatives must inform Mexican temporary foreign workers of the new requirement to apply for a work permit before arriving in Canada; applications cannot be made upon entry. Once a work permit is approved, a visa will be automatically issued without a separate application. For those in the agricultural, seafood, and fish processing sectors, priority processing is emphasized, and applications should be submitted promptly. Read more IRCC Updates: Read more
Provincial Government News
- PEI Adopts Federal Study Permit Changes for International Students: As of March 7, 2024, Prince Edward Island (PEI) is integrating federal changes to study permits, introducing a Provincial Attestation Letter (PAL) system for international students aiming to study at Island post-secondary institutions. This system is in response to the federal cap, allotting PEI 2,000 new student study permit applications for January 22, 2024, to January 22, 2025. Post-secondary institutions must validate prospective students with the Province, after which the Department of Workforce, Advanced Learning and Population will issue PALs for inclusion in students’ permit applications. Allocations are given to College de l’Ile (105 PALs), Holland College (710 PALs), and the University of Prince Edward Island (1185 PALs), with new PALs pending further federal allotment. Read more
Canada Gazette Update
- Proposal for IEC Program Changes: To strengthen the International Experience Canada (IEC) Program, new regulatory changes are being proposed to address existing gaps. These updates focus on providing clear authority for issuing work permits under youth mobility agreements (YMA) with both international and domestic partners, and introducing the ability to limit work duration per employer. This adjustment aims to create reciprocal employment terms with partner countries, offering equitable opportunities for both Canadian and foreign youth. Stakeholders are invited to contribute their insights during the public consultation period, which remains open until April 8, 2024. Canada Gazette, Part I, Volume 158, Number 10: Read more
Provincial Nominee Program Draws
Important Upcoming Dates
- March 12, 2024: Special processing measures in response to the 2023 earthquake in Morocco come to an end. Read more
- March 15, 2024: Amendments to the Immigration and Refugee Protection Act take effect, streamlining the cancellation process for immigration documents following a removal order. This change leads to the automatic invalidation of Temporary Resident Visas, Electronic Travel Authorizations, and Temporary Resident Permits. Canada Gazette, Part II, Volume 158, Number 4: Read more
