Weekly Digest | October 6, 2024

Key Highlights:

Recent Immigration Case Law
Changes to Start-Up Visa Work Permit
Changes to PGWP Eligibility Criteria
Canada and Yukon Partner to Support Workers
Immigration Medical Examination Update
Foreign Credential Recognition Project in Nova Scotia
CBSA Conviction for Immigration Violations
Interim proof of work letter
Entering representative information into the GCMS
Intra-Company Transferees Updates
Free Trade Agreements – International Mobility Program
Temporary Resident Permit Issuance
Alberta Celebrates Immigrant Contributions
Yukon Work Permit Agreement Announced
Updated Forms and Checklists: IMM 5766
Latest PNP Draws

Recent Case Law

Humanitarian & Compassionate – Ahouansou v. Canada, 2024 FC 1553: Reverend Ahouansou from Benin, serving as a pastor in Canada’s Francophone community, applied for permanent residence on humanitarian and compassionate grounds, emphasizing his critical community role and the hardship he would face if returned to Benin. The officer’s refusal overlooked the significance of his role and the potential hardships, focusing insufficiently on these central aspects of his application. Judicial review granted. The court found the decision unreasonable due to lack of proper engagement with the evidence presented. Read more

Study Permit and TRV – Mehrara v. Canada, 2024 FC 1554: The applicants, a mother and her son from Iran, applied for a study permit and temporary resident visa to pursue a management program in Canada. The applications were refused due to doubts about their return to Iran, given the socio-economic conditions and their weak remaining family ties. The use of the Chinook processing technology was also scrutinized for possibly influencing the visa officer’s discretion. The court found the decision to be unreasonable and granted judicial review, ordering a re-determination by a different officer. The court highlighted the need for transparency in the use of assistive processing technology in decision-making. Read more

Study Permit – Sadeghimotlagh v. Canada, 2024 FC 1569: A 21-year-old from Iran applied for a study permit to attend York University in Toronto. Despite her having family in Iran and no ties in Canada, the visa officer doubted her intention to return after her studies, citing vague plans and inadequate documentation of her academic proficiency and potential job prospects in Iran. Judicial review was granted, with the court criticizing the officer’s failure to properly consider her strong family ties and the coherency of her study plan. The decision was set aside for redetermination. Read more

IRCC News Updates

Start-Up Visa Open Work Permit Changes: On October 3, 2024, IRCC announced changes to the Start-Up Visa Program, allowing applicants for permanent residence under the program to obtain an optional open work permit. This permit, valid for up to 3 years, enables entrepreneurs to work on developing their business or for other employers in Canada to supplement their income. Applicants who applied before October 3, 2024, received employer-specific permits, limiting them to work only for their start-up. To switch to an open permit, a new application and fee payment are required. Read more

Changes to PGWP Eligibility Criteria: On October 4, 2024, IRCC announced changes to post-graduation work permit (PGWP) eligibility, effective November 1, 2024. These changes introduce new language requirements, where applicants must prove proficiency in English or French by taking approved language tests (e.g., IELTS, CELPIP for English; TEF or TCF for French). Additionally, new field-of-study requirements mean that only graduates from programs related to occupations facing long-term shortages—such as agriculture, healthcare, STEM, trades, and transport—are eligible. Applicants who submitted their study permit applications before November 1, 2024, or graduated from a PGWP-eligible flight school, are exempt from these new rules and will follow the current criteria. Read more

Canada and Yukon Partner to Support Workers: On October 1, 2024, IRCC announced an agreement with Yukon to issue new work permits for up to 215 temporary workers essential to the territory’s economy, allowing them to continue working while their permanent residence applications under the Yukon Nominee Program are processed. Similar measures are in place in Alberta and Manitoba, with potential expansion to other regions. Read more

Immigration Medical Examination Update: On October 4, 2024, IRCC extended a temporary public policy exempting certain low-risk, in-Canada foreign nationals from needing an additional immigration medical examination (IME). This policy, now extended until October 5, 2029, applies to applicants with new or pending residence applications who completed an IME in the last 5 years, posed no public health risk, or were monitored as required. It supports faster application processing and has already benefited over 286,000 individuals. Non-eligible applicants must follow regular IME procedures. Read more Public Policy: Read more

ESDC News Updates

Foreign Credential Recognition Project in Nova Scotia: On October 4, 2024, the Government of Canada highlighted the progress of the NICHE project in Nova Scotia, funded with up to $10 million through the Foreign Credential Recognition (FCR) Program. This initiative supports the integration of internationally trained health professionals into Canada’s workforce, reducing barriers to credential recognition for 370 individuals in key healthcare roles over 48 months. Read more

CBSA News Updates

CBSA Conviction for Immigration Violations: On October 4, 2024, the Canada Border Services Agency announced the conviction of a Winnipeg-based immigration consultant for counselling misrepresentation under the Immigration and Refugee Protection Act. Initiated in January 2021 after discrepancies at Emerson port of entry, the investigation included seizing computers, phones, and documents for digital forensic analysis. Penalties include nearly two years of house arrest with a curfew, a ban on providing immigration advice, 200 hours of community service, and a $50,000 fine. Read more

Program Delivery Updates

Interim proof of work letter: On October 4, 2024, IRCC updated instructions on interim proof of work, noting that service standards are now met 80% of the time, down from 90%, based on recent in-Canada application processing data. Read more

Entering representative information into the Global Case Management System: On October 3, 2024, IRCC updated guidelines for entering representative information into the GCMS, ensuring alignment with best practices. Read more

Intra-Company Transferees [R205(a)] (exemption codes C61, C62 and C63): On October 3, 2024, IRCC updated work permit instructions for intra-company transferees (ICTs). Key changes include consolidating guidance into a single page, clarifying eligibility for ICTs from multinational corporations (MNCs), work experience, location requirements, category changes, and maximum permit duration. Additional guidance covers eligibility for ICTs establishing new enterprises (code C61) and refined definitions of “specialized knowledge,” with stricter review for low-skilled roles. Officers are reminded the ICT program is not for transferring general workforce and must document key decision-making evidence in the GCMS. Read more

Free Trade Agreements – International Mobility Program: On October 3, 2024, IRCC updated work guidelines under several trade agreements focusing on R186(a) and R204(a). These revisions standardized formats across agreements for clearer navigation and included detailed guidance for assessing intra-company transferees (ICTs) with specialized knowledge, integrating previous NAFTA references where applicable, and organizing the instructions into individual pages for each work provision. Comprehensive and Progressive Agreement for Trans-Pacific Partnership: Read more Canada–United Kingdom: Trade Continuity Agreement: Read more Canada–European Union: CETA: Read more Canada–Chile Free Trade Agreement: Read more Canada–Colombia Free Trade Agreement: Read more Canada–Korea Free Trade Agreement: Read more Canada–Panama Free Trade Agreement: Read more Canada–United States–Mexico Agreement: Read more

Temporary Resident Permit: On October 2, 2024, IRCC updated its guidelines for issuing Temporary Resident Permits (TRPs) to Seasonal Agricultural Worker Program (SAWP) participants who cannot return home due to urgent medical issues after their work permits expire. Read more

Provincial Government News

Alberta Celebrates Immigrant Contributions: On October 4, 2024, Alberta recognized 35 immigrants at the Alberta Immigrant Impact Awards for their roles in enhancing community diversity and inclusion. Previously known as the Alberta Newcomer Recognition Awards, the event highlights the achievements of foreign-born Albertans across nine categories, including Career and Academics, Entrepreneurial Spirit, and Inclusive Workplaces. This celebration reaffirms Alberta’s commitment to multiculturalism and diversity. Read more

Yukon Work Permit Agreement Announced: On October 1, 2024, the Government of Yukon and Immigration, Refugees and Citizenship Canada (IRCC) signed a letter of intent to facilitate work permits for foreign nationals through the Yukon Nominee Program (YNP). This initiative targets those with expired or soon-to-expire work permits since May 16, 2024, extending eligibility for new Yukon-specific work permits valid for up to two years. Eligible foreign nationals must be established in the Yukon with an employer planning to nominate them for permanent residency in 2025 or 2026. The deadline for submitting requests to the Department of Economic Development is October 15, 2024, with IRCC applications due by December 31, 2024. Read more

Updated Forms and Checklists

IMM 5766: Start-up business class commitment certificate: letter of support. Read more

Latest Draws

Important Upcoming Dates

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

November 1, 2024: New language and field of study requirements for graduates applying for the Post-Graduation Work Permit Program (PGWPP) come into effect. Read more; Speaker Notes: Read more; Backgrounder: Read more; New Eligibility Criteria: Read more

November 19, 2024: Temporary policy for Haitian nationals in Canada offering fee-exempt extensions and permits expires. Read more

November 19, 2024: Policy granting fee-exempt extensions, work, and study permits to Haitians in Canada expires. Read more

November 19, 2024: Policy for family of Canadian citizens/permanent residents who fled Haiti expires, ending fee-exempt permits. Read more

November 23, 2024: Québec graduates seeking permanent selection under the Québec Experience Program must meet new French language criteria, including 75% of courses in French or three years of full-time education in French. Read more

November 29, 2024: Amendments to Québec’s Qualified Worker Selection Program (QWSP) Stream 3 for regulated professions require proof of recognition or admission before applying, with a one-year application deadline. Read more

November 30, 2024: Alberta Advantage Immigration Program (AAIP) will stop accepting open work permits for wildfire-affected individuals transitioning from employer-specific permits under special measures. Read more