Weekly Digest | March 3, 2024

Key Highlights:

Recent Immigration Case Law
Iranian Nationals in Canada
New Canada-Finland Youth Mobility Agreement
Travel Rules for Mexican Citizens
Statement on Fraud Prevention Month
Pathway for Colombian, Haitian, and Venezuelan Nationals
Study Permits and Letters of Acceptance
Quebec Acceptance Certificate
Medical Requirements for Immigration
British Columbia Guidelines for International Students
OINP Mandatory Applicant Consent Form
OINP Adopts PTE Core for English Proficiency Proof
Rural and Northern Community Immigration Class
Latest Express Entry and PNP Draws

Recent Case Law

Spousal Sponsorship: In Dwarka, 2024 FC 238, the Federal Court addressed the case of a Canadian citizen contesting the IAD’s conclusion that his marriage to a Guyanese citizen was non-genuine or aimed primarily at immigration advantages. Despite the couple’s extensive communication and a marriage grounded in shared cultural and familial expectations, the IAD highlighted discrepancies in their testimonies regarding their relationship’s timeline and intimacy, leading to its rejection. The court found the IAD’s decision unreasonable, critiquing its disregard for consistent evidence of a genuine relationship and financial support provided by the applicant. Read more

Temporary Resident Permit: In Kaur, 2024 FC 337, the Federal Court examined the refusal of a temporary resident permit (TRP) application by a 24-year-old Indian citizen, who sought to remain in Canada to pursue further studies after her study permit expired. The application, motivated by the applicant’s difficult pregnancy and the birth of her child in Canada, was denied due to insufficient evidence of her previous studies, her spouse’s situation, and the feasibility of returning to India. The court found the Officer’s decision to be reasonable, highlighting the lack of compelling reasons for the applicant to stay in Canada on a TRP and the thorough consideration of the best interest of her Canadian-born child. Read more

Temporary Public Policies

Iranian Nationals in Canada Temporary Residency Extension: After the unrest caused by Mahsa Amini’s death in September 2022, Canada extends support to Iranian nationals feeling uneasy about returning to Iran. This policy allows for an easier extension of their temporary stay without fees, facilitating movement between temporary resident streams. Eligible individuals, with valid temporary resident status, can apply for extensions, work permits, or study permits without the standard processing fees. The policy, effective from February 29, 2024, to February 28, 2025, aims to assist those affected by the ongoing unrest in Iran, ensuring they can safely extend their stay in Canada. Read more News Release: Read more

IRCC News Updates

New Canada-Finland Youth Mobility Agreement: Effective March 1, 2024, the Canada–Finland Youth Mobility Agreement allows 18 to 35-year-olds from both nations to work and travel in each other’s countries through the International Experience Canada (IEC) Program. The program permits Finnish applicants up to 3 participations of 12 months each, without repeat participation in the same category. Read more Program Delivery Instructions: Read more

Travel Rules for Mexican Citizens: As of February 29, 2024, Canada requires Mexican citizens without a valid work or study permit to apply for a visitor visa or a new eTA for travel, as eTAs issued before this date are invalidated unless linked to a valid permit. Those with valid work or study permits can enter Canada on their existing eTA and are eligible to stay, work, or study under their permit’s terms. Visitors already in Canada on an eTA can remain for their authorized period of stay up to six months but need proper documents to re-enter if they leave. Read more

Statement on Fraud Prevention Month: On March 1, 2024, the Minister of Immigration, Marc Miller, stressed the need for continued efforts against immigration fraud to protect both Canadians and honest newcomers. The month is dedicated to raising awareness about immigration scams, providing tips to spot and report fraud. The ministry’s initiatives include guiding international students on study permits and identifying fake acceptance letters, as well as regulating immigration advisors to ensure they are authorized and qualified. Read more

Program Delivery Updates

Permanent Residence Pathway for Colombian, Haitian, and Venezuelan Nationals: On March 1, 2024, IRCC introduced guidelines for a temporary public policy aimed at Colombian, Haitian, and Venezuelan nationals with family in Canada (Canadian citizens or permanent residents). This policy serves to offer regular migration pathways, facilitating the grant of permanent residence to eligible individuals from these countries. Read more

Study Permits and Letters of Acceptance: As of February 29, 2024, IRCC has updated its guidance on study permits, specifying clearer manual verification guidelines for letters of acceptance (LOA). Since January 30, 2024, all post-secondary designated learning institutions (DLIs) are required to verify LOAs or letters of enrolment for study permit applications within Canada. Additionally, the vocational training programs in Quebec, including the Diploma of Vocational Studies (DVS), Attestation of Vocational Specialization (AVS), PreWork Training Certificate (PTC), and Training Certificate for a Semiskilled Trade (TCST), do not need LOA verification as they are considered secondary level, with officers advised to proceed with standard secondary studies processing. Read more

Change in Quebec Acceptance Certificate (CAQ) Format for Temporary Workers: Effective December 11, 2023, the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) transitioned from issuing paper confirmation letters of the CAQ to an online attestation for temporary foreign workers applying for work permits under the Temporary Foreign Workers Program (TFWP) with a labour market impact assessment (LMIA). Special categories like agriculture stream and in-home caregivers will receive a mailed attestation until fully online. Paper CAQs issued before this date remain valid. Read more

Medical Requirements for Immigration: As of February 26, 2024, IRCC has removed outdated instructions on modernized functional guidance for medical requirements, as well as procedural fairness related to excessive demand. These sections have been replaced with new guidance on health-related forms, documents, templates, and managing excessive demand on health and social services, streamlining the process for assessing medical admissibility and ensuring clarity in procedural fairness for applicants. Read more

Provincial Government News

British Columbia Guidelines for International Students: Effective March 4, 2024, B.C. will issue provincial attestation letters for international student study permit applications, following new IRCC guidelines from January 22, 2024. B.C. is allocated 83,000 applications for 2024, a decrease from 97,000 in 2023, with a preference for public institutions (53%) over private ones (47%). Exceptions apply to primary, secondary, master’s, doctoral students, current valid permit holders, and applications submitted before the January deadline. B.C. also introduces initiatives to combat student exploitation, including a pause on new institution approvals until 2026, enhanced inspections, higher program standards, and mandatory tuition fee disclosures, aiming to ensure high-quality education that meets labor market demands and protects students. Read more

OINP Mandatory Applicant Consent Form: Effective February 26, 2024, the Ontario Immigrant Nominee Program (OINP) mandates the inclusion of a completed and correctly dated Applicant Consent Form with all new nomination applications. This form must be signed by the applicant and, if applicable, the applicant’s spouse and dependents, and uploaded with the application’s other documents. Representatives cannot sign this form. The requirement comes after receiving an invitation to apply or a notification of interest. The PDF Attestation Form is no longer needed for OINP expression of interest system stream applications. Read more

OINP Adopts PTE Core for English Proficiency Proof: Announced on February 26, 2024, the Ontario Immigrant Nominee Program (OINP) now recognizes the Pearson Test of English (PTE) Core as a valid demonstration of English language proficiency for all its streams and for Expression of Interest (EOI) points claims, aligning with recent federal policy changes. This adjustment, effective January 30, 2024, adds the PTE as an option for applicants to prove their language skills. This update does not affect those with an ITA or Notification of Interest issued before January 30, 2024. Read more

Canada Gazette Update

Rural and Northern Community Immigration Class: Announced on February 21, 2024, these amendments update the validity periods and revocation rules for recommendations within the program. Recommendations issued on or before February 29, 2024, are valid for six months, while those issued from March 1, 2024, extend until August 31, 2024. If a recommendation is revoked or the issuing organization is removed, the recommendation immediately becomes invalid. Additionally, the schedule for the program has been updated to extend the validity period for listed items to July 31, 2024, with these changes taking immediate effect. Canada Gazette, Part I, Volume 158, Number 9: Read more

Express Entry and PNP 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

April 30, 2024: Temporary policy that allows international students in Canada to work more than 20 hours per week off-campus comes to an end. Read more Temporary Policy: Read more