Weekly Digest | April 21, 2024

Key Highlights:

Recent Case Law

Citizenship Revocation: In Tan, 2024 FC 600, the applicant, originally granted Canadian citizenship after marrying a Canadian, faced revocation when her first marriage was deemed fraudulent. Despite her denials and constitutional challenges against citizenship revocation laws, her citizenship was revoked. The court did not find the revocation process unconstitutional nor unfair, dismissing her appeal for judicial review. Read more

Parental Sponsorship: In Ginzburg, 2024 FC 528, the applicant’s sponsorship for his parents was denied because he, not his father (the principal applicant), incorrectly filled the required Consent and Declaration Form. Despite confusion from IRCC’s instructions being addressed to him, the court ruled the rejection was neither unreasonable nor unfair, as guidelines clearly stated the form needed his father’s completion and signature. The application for judicial review was dismissed. Read more

Spouse or Common Law Partner Class: In Ho, 2024 FC 585, the applicant’s permanent residence application was denied due to insufficient evidence of a legitimate marriage. Key issues included incomplete joint bank statements, irrelevant beneficiary designations in insurance documents, and context-lacking photographs. Despite additional documents submitted post procedural fairness letter, critical financial and cohabitation proofs were missing. The court found the decision reasonable and procedurally fair, noting the applicant failed to adequately address identified deficiencies. Read more

New ECA Body for Architects: From May 20, 2024, the Canadian Architectural Certification Board (CACB) will issue Educational Credential Assessments (ECAs) for architects, designated by IRCC. This supports architects seeking economic permanent residence in Canada by verifying foreign qualifications against Canadian standards. Read more

Innovation Stream Pilot: Effective April 15, 2024, IRCC has introduced a pilot under the Innovation Stream for high-skilled foreign nationals employed at Global Hypergrowth Project (GHP) employers, crucial for Canada’s economic competitiveness. Authorized under IRPR 205(c)(ii), this pilot allows issuing of a five-year, LMIA-exempt, employer-specific work permit. Read more

Canada World Youth Program Closure & Work Permit Updates: The Canada World Youth Program is now permanently closed. Open work permit updates include using NOC 9999 for applications up to November 15, 2022, and NOC 99999 thereafter. LMIA exemptions for open work permits now cover only IRPR sections 204-208. The code for professional athletes entering Canada has shifted from C20 to C26, and family member categories have been updated to current standards. Read more

Language Requirements for Provincial Nominees: As of April 18, 2024, IRCC has updated its instructions to no longer require language testing submissions for Provincial Nominee Program (PNP) non-Express Entry applications. Read more

Removal Orders and Inadmissibility: Enhancing the Ministerial Relief (MR) process for foreign nationals inadmissible on serious grounds, such as security and organized criminality, the amendments aim to boost process integrity and efficiency. Key changes include setting specific addresses for MR applications, requiring compliance with removal orders before subsequent applications, closing inactive cases if reporting conditions are not met, and stronger enforcement links. A 30-day public consultation period is open until May 20, 2024, for stakeholder and public feedback. Canada Gazette, Part I, Volume 158, Number 16: Read more

Nova Scotia Skilled Worker Stream Update: As of April 17, 2024, at 12 noon ADT, the Nova Scotia Provincial Nominee Program has ceased accepting applications from the Accommodation and Food Services sector due to a high volume of pending decisions. This stream assists employers in recruiting foreign workers and international student graduates for roles that cannot be filled by permanent residents or Canadian citizens. 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

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: New 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