Weekly Digest | May 19, 2024

Key Highlights:

Recent Case Law

Temporary Resident Visa: In Akinremi, 2024 FC 723, the Federal Court granted the judicial review of the applicants’ denied temporary resident visa (visitor visa) to visit their daughter and grandchildren in Canada. The IRCC officer refused the application based on insufficient assets, significant family ties in Canada, and lack of significant ties outside Canada. The Court found the decision unreasonable, noting that the applicants have four children and an elderly mother-in-law in Nigeria, which the officer failed to consider. The matter was remitted for reconsideration by a different officer. Read more

Study Permit: In Naserikarimvand, 2024 FC 757, the Federal Court granted the judicial review of the applicant’s denied study permit for an MBA program at Trinity Western University. The IRCC officer questioned the relevance of the MBA to the applicant’s engineering background and considered local alternatives without evidence. The Court found the decision unreasonable, noting the officer failed to engage with the applicant’s explanations and study plan. The matter was remitted for reconsideration by a different officer. Read more

C11 Work Permit: In Edalat, 2024 FC 738, the Federal Court dismissed the judicial review of the applicant’s denied work permit for a beauty products business under the C11 category. The IRCC officer found the business plan overly optimistic and largely copied from open sources, and doubted the applicant’s ability to perform the work and intent to leave Canada after her authorized stay. The Court upheld the decision as reasonable and procedurally fair, noting its role is not to reweigh evidence. Read more

Speaking Notes for Minister Marc Miller: At the Forum of Ministers Responsible for Immigration, Minister Miller discussed: balancing immigration priorities; Francophone immigration; reducing temporary residents; reforms in the International Student Program; federal support for asylum seekers; and using data to understand labour market needs. Progress with Manitoba includes extending open work permits for 6,700 temporary residents. The federal government is exploring options with provinces and territories for transitioning temporary residents to permanent residence. Finalized immigration levels for 2025–2027 will be communicated in the coming months. Read more

Citizenship Week Celebrations: Citizenship Week runs from May 13-19, 2024. Minister Miller emphasized Canadian values like diversity, inclusivity, and multiculturalism, highlighting Indigenous Peoples’ history and role. He attended ceremonies nationwide, welcoming 393,500 new citizens and visiting organizations aiding newcomers. Canadians are encouraged to join celebrations, attend ceremonies, and reflect on what being Canadian means. Read more

Family Members of Canadians Who Departed Sudan: These temporary immigration measures have been extended until October 27, 2024. The instructions have also been updated to clarify to officers the biometric fee waiver code to enter for applications for permanent residence under the family class. Read more

Foreign Physicians in Quebec: The instructions for officers processing foreign physicians coming to work in underserved regions in Quebec have been updated. Foreign physicians with a regular permit to practice in Quebec who are not eligible for the C10 International Mobility Program exemption because they are not obligated to work in an underserved region, must apply online. The title of the instructions has also been changed to better reflect the topic. Read more

Job Postings in British Columbia: Updated guidance on May 14, 2024, employers in British Columbia must list the expected wage or salary or its range, but not unspecified minimums or maximums. This applies to all employers, including those posting via third parties. Bonuses, overtime, commissions, tips, and benefits are not required but can be included. The requirement extends to jobs open to British Columbia residents. Read more

Manitoba’s Post-Graduation Work Permit Holders: On May 8, 2024, IRCC announced a temporary public policy to address Manitoba’s labour market needs, allowing post-graduation work permit holders with expiring permits in 2024, who are eligible and have submitted a valid Manitoba Provincial Nominee Program Expression of Interest (EOI) profile before May 10, 2024, to apply for a province-specific open work permit valid for up to two years. Read more

Nova Scotia Legal Aid Services Funding: On May 16, 2024, the Province announced increased funding for Nova Scotia Legal Aid: an additional $3.98 million for 2024-25 and $5.6 million annually starting in 2025-26. This will raise private lawyer compensation for legal aid cases from $70-$95 to $120-$160 per hour, depending on experience and case complexity. Read more

Saskatchewan Settlement Support Services: On May 16, 2024, Saskatchewan announced over $14 million for settlement and newcomer support in 2024-25. This funding, delivered through more than 20 community-based organizations, includes pre-arrival support, language training, employment assistance, and pathways for foreign qualification recognition. The investment aims to improve retention and employment rates for newcomers, enhancing integration with provincially delivered services. Read more

Whitehorse-based Yukon Nominee Program Paused: Effective immediately, Yukon has paused Whitehorse-based applications for the Yukon Nominee Program to streamline processing. The program continues to accept rural applications. Between January 1 and May 6, 2024, 590 applications were received, surpassing the 430 nominee allocation set by IRCC. This pause allows focus on processing existing applications. Intake from Whitehorse is expected to resume in 2025. Read more

May 20, 2024: The Canadian Architectural Certification Board (CACB) will start issuing Educational Credential Assessments (ECAs) for architects, designated by IRCC. Read more

May 20, 2024: The 30-day public consultation period for feedback on the proposed amendments to the Ministerial Relief (MR) process concludes. Canada Gazette, Part I, Volume 158, Number 16: Read more

May 21, 2024: Parent and Grandparent Sponsorship Program invitations will start going out to 35,700 potential sponsors who submitted an interest to sponsor form in 2020, as part of the 2024 intake. Read more

May 28, 2024: To remain eligible, candidates in the Express Entry pool need to update their profiles with settlement funds based on the new minimum amount of money required to immigrate to Canada. Read more

June 4, 2024: Submission window closes for the undertaking applications (Step 1) of Quebec’s Program for Refugees Abroad (Collective Sponsorship). Read more