Weekly Digest | April 28, 2024

Key Highlights:

Recent Case Law

Study Permit: In Luk, 2024 FC 623, the judicial review of the applicant’s study permit denial was dismissed. The court upheld the visa officer’s decision as reasonable, noting the applicant explicitly stated in his study plan his intent to seek permanent residency post-studies, which conflicted with the permit’s temporary nature. The applicant’s claim that an AI made the decision was dismissed due to lack of evidence. Read more

C11 Work Permit: In Nazari, 2024 FC 546, the application for a Labour Market Impact Assessment (LMIA) exempt work permit under the C-11 category was denied. The officer was not convinced that the proposed business, a company that “will focus on Baby Food, Sports Nutrition & Health Food products” in Vancouver, would provide significant social, cultural, or economic benefits, given the competitive market already established in the area. The business plan failed to detail how the new business would remain competitive. The Federal Court found the decision reasonable and the application for judicial review was dismissed. Read more

Automation for Passport Renewals: Effective April 25, 2024, Canada introduces automation to improve processing times for routine adult passport renewals. This tool verifies application details against existing passport records and checks for any restrictions. While enhancing efficiency, it assists but does not replace human officers. All complex, first-time, and children’s applications, as well as decisions to refuse, remain strictly under officer purview, ensuring adherence to privacy and security standards. Read more

Express Entry Language Testing for Disabilities: As of April 23, 2024, IRCC has updated its guidance on language test exemptions and results verification for persons with disabilities in Express Entry applications. Updates detail which testing bodies offer exemptions, how these exemptions are documented in test scores, and the protocol for using IRCC’s language averaging tool. Read more

CSQ Holders Under International Mobility Program: Effective April 24, 2024, IRCC has updated instructions for Quebec Selection Certificate (CSQ) holders outside Quebec. Key changes include an annual cap of 7,350 work permit applications starting in 2023 and revised labeling for in-Canada paper applications to “International Mobility Program Plus – A76 cap.” Additionally, guidance on documenting refusal reasons has been enhanced, and a new section on open work permits for family members has been introduced. Read more

Refugee Travel Documents: On April 25, 2024, new IRCC instructions for Refugee Travel Document (RTD) applications detail procedures for managing national passports, including their safekeeping and disposal during the application process for refugees and protected persons. Read more

Australian Paramedics Recruitment for Nova Scotia: On April 25, 2024, Nova Scotia announced the recruitment of 30 paramedics from Australia as part of its global healthcare workforce initiative, aiming to strengthen the province’s emergency services. This follows a successful in-person recruitment event in Australia, aligning with the Action for Health strategy to attract skilled healthcare professionals globally. Read more

Manitoba PNP Work Permit Prioritization: Effective April 26, 2024, Manitoba Provincial Nominee Program (PNP) will fast-track assessments of applications with expired or soon-to-expire work permits. Manitoba PNP applicants with work permits expiring within 45 days must notify the program via the Skilled Worker Webform. Read more

British Columbia PNP Skills Immigration Draw: Effective April 30, 2024, British Columbia PNP will issue invitations to apply based on registrations received before the draw date. Registrations made on the day of the draw will be eligible for future consideration. Updates will be posted within 24 hours after the invitations are issued. Read more

Alberta Update for Ukrainian Nationals: Starting April 30, 2024, Alberta Advantage Immigration Program (AAIP) will cease all temporary processing measures for Ukrainian nationals. From May 1, 2024, applications will require complete documentation for standard processing, without priority or fee reimbursements. 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 7, 2024: Forms for the undertaking applications (Step 1) of Quebec’s Program for Refugees Abroad (Collective Sponsorship) become available online, targeting groups of 2 to 5 individuals and organizations preparing applications. 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