Weekly Digest | April 14, 2024

Key Highlights:

Recent Case Law

Intra-Company Transferee: In Saghaei Moghaddam Foumani, 2024 FC 574, the IRCC officer denied the C12 specialized knowledge work permit for lacking evidence of a significant link between the Iranian parent company and its Canadian subsidiary, questioned the parent’s multinational status, and the quality of its website and projects. Concerns about the economic impact in the competitive Canadian engineering sector also led to refusal. The Federal Court upheld the decision, deeming the officer’s assessment reasonable and well-supported. Read more

Study Permit: In Tabatabaei, 2024 FC 521, the Federal Court granted judicial review of the refusal of the applicant’s study permit application. The court found the refusal—based on doubts about her intent to leave Canada post-study and the connection between her proposed business diploma and prior accounting background—to be unreasonable and procedurally unfair. It highlighted the insufficient consideration of her family ties in Iran and the lack of a clear explanation regarding the perceived similarity in academic levels between the studies. Read more

Extension of Temporary Measures for Iranian Nationals: The temporary special processing measures designed to support Iranian nationals have been extended until February 28, 2025. Read more Temporary Measures: Read more

AIP Language Requirements: Atlantic Immigration Program (AIP) work permit instructions now require applicants with endorsement certificates dated on/before December 31, 2021, to submit an IRCC-approved language test. They must meet a minimum level 4 in all four language skill areas in English or French. Language test results must be valid (less than two years old) at the time of the work permit application. Read more

CUAET Policy Extension: This policy assists Ukrainian nationals whose applications were pending as of February 4, 2024. It grants exemptions from certain requirements of the Immigration and Refugee Protection Act to those who either hold or have applied for a temporary resident visa or permit since that date. Eligible individuals include Ukrainian nationals and their family members who can now enter Canada as visitors or workers, where a work permit has been approved. The policy will expire on July 31, 2024, and could be revoked without notice. Read more

OINP Employer Form Update: Ontario Immigrant Nominee Program (OINP) now requires the updated Employer Form, “Application for Approval of Employment Position,” version code 2024/04, for all new nominations in the Employer: Job Offer stream starting April 10th, 2024. Submissions using older forms will be returned as incomplete with fees refunded. Read more

PEI Agriculture Worker Housing Grant: PEI launches grants up to $15,000 for farm housing upgrades for Temporary Foreign Workers. Eligible upgrades include ventilation, bathrooms, laundry, internet, heat pumps, maintenance, emergency repairs, and safety equipment. Available to operations approved under Canada’s Seasonal Agricultural Worker Stream. Read more

Quebec’s Refugees Abroad Program, Collective Sponsorship: Forms for the undertaking applications (Step 1) of the Program for Refugees Abroad (Collective Sponsorship) are now online. The submission window is from May 7 to June 4, 2024. These are for groups of 2 to 5 and organizations preparing applications. Read more

Saskatchewan Immigration Services Act: The new legislation strengthens the immigration framework, enhancing protections for foreign workers against exploitation, increasing oversight of recruiters and employers, and introducing stricter penalties for immigration fraud. It consolidates all immigration authorities into one act, replacing the Foreign Worker Recruitment and Immigration Services Act, to streamline employer processes and support workforce development. This act is part of Saskatchewan’s strategy to grow its population to 1.4 million by 2030 and promoting provincial autonomy in immigration policies. Read more

April 24-27, 2024: Prince Edward Island conducts a recruitment mission to the United Kingdom and Ireland to target skilled tradespeople at Birmingham and Dublin job fairs for its construction needs. Read more

April 30, 2024: The current policy allowing international students in Canada to work off-campus for more than 20 hours weekly is set to expire. Read more Temporary Policy: Read more

April 30, 2024: A scheduled increase in permanent residence application fees will take effect. Read more Canada Gazette, Part I, Volume 158, Number 13: Read more

April 30, 2024: Manitoba will end its special immigration measures for Ukrainian nationals, including the MPNP Ukraine Special Measures EOI draw. Read more

May 1, 2024: Changes to the Temporary Foreign Worker Program include reduced LMIA validity to six months, workforce caps decreased to 20% for specific sectors, and mandatory local hiring efforts, including considering asylum seekers before applying for an LMIA. Read more

May 15, 2024: International students at private colleges with curriculum licensing agreements with public colleges will no longer be eligible for Post-Graduate Work Permits. Read more