Weekly Digest | August 11, 2024

Key Highlights:

Recent Case Law

Study Permit Extension: In Singh, 2024 FC 1225, the Federal Court dismissed an application for judicial review of an IRCC officer’s refusal to reconsider the applicant’s second study permit extension. The 30-year-old Indian citizen faced refusal due to gaps exceeding 150 days between study programs and multiple changes in educational institutions without a logical progression. The Court found the officer’s decision reasonable, stating the applicant failed to provide sufficient documentation to justify the changes and gaps in his studies. Read more

Spousal Sponsorship: In Bekele, 2024 FC 1227, the Federal Court upheld the IAD’s decision to deny the applicant’s spousal sponsorship application, finding the marriage not genuine. Key reasons included inconsistent testimonies about wedding details, inadequate knowledge of each other’s families and lives, lack of evidence supporting a planned reception, and contradictions regarding a brief trip after the uncle’s death, initially claimed as a honeymoon. The court deemed the IAD’s evidence assessment reasonable. Read more

New Measures to Address Fraud in Temporary Foreign Worker (TFW) Program: On August 6, 2024, Minister Randy Boissonnault announced stricter measures to combat fraud in the TFW Program. Key actions include enforcing the 20% cap policy, increasing oversight in high-risk areas, considering Labour Market Impact Assessment (LMIA) fee hikes, and potential refusal to process certain low-wage stream applications. The government also plans to introduce a new foreign labour stream for Agriculture and Fish & Seafood Processing. These steps aim to protect both Canadian workers and temporary foreign workers from program misuse. Read more

Educational Credential Assessment (ECA): As of August 7, 2024, new instructions on ECA requirements have been added to the Standardized Requirements for Applicants section. Duplicate ECA information has been removed from the federal skilled worker criteria and the Express Entry Comprehensive Ranking System (CRS) education section. Read more

Joint Assistance Sponsorship (JAS): Effective August 8, 2024, IRCC has updated instructions for officers on the JAS program, which supports sponsoring refugees with special needs. New guidance covers handling exceptional needs identified pre- and post-arrival, converting Blended Visa Office-Referred (BVOR) cases to JAS, and monitoring JAS sponsorships. Read more

Alberta Advantage Immigration Program (AAIP) Update: On August 7, 2024, it was announced that AAIP will introduce a new expression of interest system starting September 30, 2024. Due to this update, the remaining monthly application acceptance dates for 2024 have been cancelled. Read more

Alberta Health Care Immigration Pathway Update: On August 8, 2024, Alberta reported the success of the Dedicated Health Care Pathway under the AAIP, attracting 380 international health care professionals since its launch. This pathway helps address labour shortages in smaller municipalities across Alberta. Eligible professions include doctors, nurses, and physiotherapists, with many professionals heading to communities outside Calgary and Edmonton. Read more

Bursary for Internationally Educated Nurses in PEI: Prince Edward Island has introduced a new bursary program offering up to $10,000 to internationally educated nurses to cover immigration and registration fees. This initiative aims to remove financial barriers and attract more nurses to the province. Eligible nurses must be employed by a PEI healthcare provider, registered with the appropriate nursing college, and commit to a two-year service agreement. The program also reimburses language testing fees for non-English-speaking nurses. Applications are available online. Read more

August 6, 2024: Study: Canadian labour force: What happens after the baby boomers retire? Read more

August 30, 2024: Temporary Foreign Worker Program Workforce Solutions Road Map to help employers fill job vacancies in the wake of labour shortages comes to an end. Read more

August 31, 2024: Temporary measures for distance learning and PGWP validity extension conclude. Read more

August 31, 2024: Application deadline for permanent residency under Rural and Northern Immigration Pilot (RNIP), requiring community eligibility, job procurement, and a community recommendation. Read more

September 1, 2024: Changes to the Post-Graduation Work Permit Program include ineligibility for students in curriculum licensing arrangements and eligibility for a three-year work permit for master’s graduates. Read more PDI: Read more

Fall 2024: IRCC will adopt a “recognized institution” framework to benefit post-secondary DLIs that set a higher standard for services, support and outcomes for international students. Read more