Weekly Digest | September 8, 2024

Key Highlights:

Recent Immigration Case Law
Deletion of COVID-19 Instructions
High-Risk Immigration Detainees
Alberta Promotes Post-Secondary System in Europe
Alberta Invests in Labour Market Research
Manitoba Supports Extension of Temporary Work Permits for Skilled Workers
Cross-Provincial Immigration Engagement in Newfoundland and Labrador
Saskatchewan Establishes Strongest Immigration Program Integrity Framework
Québec Amendments to Stream 3: Regulated Professions in the QWSP
Latest PNP Draws

Recent Case Law

Misrepresentation and TRV: In Singh, 2024 FC 1369, the Federal Court granted judicial review of a decision deeming the Applicant inadmissible for misrepresentation under section 40 of the IRPA and refusing his TRV. The applicant, an Indian citizen, failed to disclose a U.S. entry refusal during the 2022 flagpoling process. The Officer found this omission to be misrepresentation, resulting in a five-year inadmissibility. The Court ruled the decision unreasonable, noting the Officer did not assess whether the omission was an honest and reasonable error in the context of flagpoling and failed to explain why it was material to the TRV. The case was remitted for reconsideration. Read more

Humanitarian & Compassionate: In Khan, 2024 FC 1373, the Federal Court dismissed the judicial review of a 64-year-old U.S. citizen’s H&C application for permanent residence. The applicant, who lost her Canadian PR status in 2016 after primarily residing in the U.S., sought relief based on family ties, including her two Canadian adult children and grandchildren. She returned to Canada in 2020, overstayed her visit, but restored her status. The Court found the Officer reasonably concluded that evidence of her family ties and establishment in Canada was weak, despite a misinterpretation of her role as a caregiver. Read more

Spousal Sponsorship: In Hosseini, 2024 FC 1397, the Federal Court granted the Minister of Citizenship and Immigration’s application for judicial review of the Immigration Appeal Division’s (IAD) decision to approve an Iranian national’s sponsorship application for his wife. The IAD found that Mr. Hosseini met the residency requirement based on his physical presence from 2020-2023, family ties to his children in Canada, efforts to reside in Canada, and intentions despite visits to Iran. The Federal Court, however, found this unreasonable. It noted the IAD failed to account for his significant absences before 2020 and his weak ties, such as a lack of assets or income in Canada. The case was remitted for redetermination. Read more

Program Delivery Updates

Deletion of COVID-19 Instructions: On September 3, 2024, IRCC has removed all program delivery instructions related to COVID-19. The deleted instructions include those related to permanent residence, general processing measures, travel restrictions, and program delivery. Read more

CBSA News Updates

Canada Border Services Agency (CBSA) and Correctional Service Canada (CSC) to Temporarily House High-Risk Immigration Detainees: On September 6, 2024, CBSA and CSC announced plans to use federal correctional facilities, specifically CSC’s Regional Reception Centre in Sainte-Anne-des-Plaines, Quebec, to temporarily house high-risk male immigration detainees. This arrangement follows legislative changes allowing the use of such facilities until June 2029. The temporary immigration holding centre will be managed by the CBSA and is part of ongoing efforts to address public safety while maintaining humane treatment standards. Read more

Provincial Government News

Alberta Promotes Post-Secondary System in Europe: From September 9 to 21, 2024, Minister of Advanced Education Rajan Sawhney will meet with post-secondary institutions, government leaders, and industry organizations in Ireland, Germany, and France. The mission aims to promote Alberta as a leader in post-secondary education, skilled trades, and research. Alberta seeks to develop strategies to strengthen skilled trades programs and apprenticeship education through international partnerships, supporting the ‘Alberta 2030: Building Skills for Jobs’ strategy. Read more

Alberta Invests in Labour Market Research: Alberta is investing over $1 million in the Alberta Centre for Labour Market Research, housed at the University of Alberta. With 25 researchers across five institutions and $400,000 annually until 2026, the centre provides insights to support job seekers, employers, and policymakers. Read more

Manitoba Supports Extension of Temporary Work Permits for Skilled Workers: Manitoba is extending work permits for up to 6,700 temporary residents eligible for the Manitoba Provincial Nominee Program (MPNP), allowing them to continue working while their applications are processed. A letter of intent was signed on August 21, 2024, with the federal government to facilitate a pathway to citizenship and address Manitoba’s labour market needs. Five temporary full-time positions will be added to expedite processing and ensure full use of the 2024 allocation of 9,500 nominees. Read more; Read more

Cross-Provincial Immigration Engagement in Newfoundland and Labrador: The Department of Immigration, Population Growth and Skills is launching engagement sessions for employers and newcomers in Labrador from September 9 -13, 2024. Employer sessions with Provincial and Federal officials will answer questions on immigration programs. Newcomer sessions, hosted by the Provincial Government and the Association for New Canadians, will cover permanent immigration options like the Provincial Nominee Program and Atlantic Immigration Program. An immigration booth will also be at Expo Labrador, September 10-12, 2024. Read more

Saskatchewan Establishes Strongest Immigration Program Integrity Framework: New regulations under The Immigration Services Act came into effect on September 1, 2024, replacing The Foreign Worker Recruitment and Immigration Services Act. These regulations introduce high penalties for non-compliance, new eligibility requirements for recruiters and employers, a code of conduct for registered employers, and new licensing fees for recruiters and immigration consultants. The framework aims to protect foreign workers, combat fraud, and ensure program integrity. Read more

Québec Amendments to Stream 3: Regulated Professions in the QWSP: Québec has published amendments related to Stream 3 of the new Qualified Worker Selection Program (QWSP), effective November 29, 2024. Applicants for regulated professions must obtain proof of recognition or admission from the relevant regulatory authority before applying for permanent selection. Unlike other streams with a 60-day deadline, Stream 3 applicants will have one year to submit their application and required documents. The QWSP includes four streams: high qualifications, intermediate skills, regulated professions, and outstanding talent. Read more

Provincial Nominee Program Draws

Important Upcoming Dates

September 11, 2024: The Saskatchewan Immigrant Nominee Program (SINP) will host information sessions on alternative pathways following the closure of the Hard-to-Fill Skills Pilot. Read more

September 19, 2024: Public consultation on licensing for foreign worker recruiters in PEI closes. Read more

September 26, 2024: The government will stop processing low-wage LMIAs in areas with unemployment rates of 6% or higher, except for critical sectors, while capping temporary foreign workers per employer at 10% and reducing the maximum employment duration to one year. Read more

September 30, 2024: Deadline for submitting applications for the Newfoundland and Labrador Settlement and Integration Grants program. Read more

September 30, 2024: Alberta Advantage Immigration Program introduces a new expression of interest system. Read more

September 30, 2024: Deadline for ESDC Online Questionnaire on Strengthening Workforce. Read more Questionnaire: Read more

October 10, 2024: Upcoming draws for the Saskatchewan Immigrant Nominee Program (SINP) Entrepreneur Category. Read more

October 27, 2024: Extension period ends for support measures for family members who fled Sudan due to conflict since April 15, 2023. Read more; PDI: Read more; Policy: Read more

October 31, 2024: Consultation period closes for public feedback on the Canada-United States-Mexico Agreement (CUSMA), aimed at refining its effectiveness for the 2026 joint review and the 2025 CUSMA Free Trade Commission meeting. Read more

October 31, 2024: Validity ends for previously issued Educational Credential Assessments (ECAs) for architects (NOC 21200) by bodies other than the Canadian Architectural Certification Board (CACB). Read more