Weekly Digest | December 1, 2024

Key Highlights:

Recent Immigration Case Law
Temporary Pause on Private Refugee Sponsorship Applications
Study Permits – Student Direct Stream
TRV and eTA Applications – Fees
Private Sponsorship of Refugees Program Update
British Columbia PNP to Issue Final Invitations for International Graduate Stream:
Applications Open for Manitoba Settlement Support Program
Newfoundland and Labrador Invests in Refugee Women’s Employment Initiative
Ontario Urges Federal Government for Proactive Border Measures
Updated Forms and Checklists
Latest PNP Draws

Recent Case Law

Work Permit – Iqbal v. Canada, 2024 FC 1836: Pakistani citizen applied for an LMIA-exempt work permit under Ontario’s Entrepreneur Stream to establish a home appliances and furnishings store, committing to invest $530,000 within the first year. The officer denied the application, citing insufficient assets to meet investment requirements and doubts about the applicant’s intent to leave Canada after the stay. Judicial review dismissed. The court found the decision reasonable, concluding the applicant failed to provide sufficient evidence of liquidity to meet investment obligations. Read more

Quebec Immigration Investor Program – Munib v. Canada, 2024 FC 1903: Applicant under the Quebec Immigration Investor Program was denied permanent residence due to missing documents, including a CSQ for his daughter, and the expiration of the CSQ. Despite attempts to provide the required documents and reopen the file, the application was refused. Judicial review granted. The court found the decision unreasonable, highlighting IRCC’s failure to properly consider the provided documents and the applicant’s eligibility at the time of submission. Read more

Self-Employed Persons Class – Saghafi v. Canada, 2024 FC 1889: Iranian artist applied for permanent residence under the Self-Employed Persons class. The officer denied the application, finding the applicant did not meet the criteria for self-employment and questioning her intent and ability to establish herself in Canada. Judicial review dismissed. The court upheld the decision as reasonable, emphasizing that the applicant failed to demonstrate that critical documents, such as the business plan and IELTS results, were submitted as part of her application. Read more

PR Travel Card – H&C – Selvaratnam v. Canada, 2024 FC 1881: Sri Lankan national sought a PR travel card after failing to meet the 730-day residency obligation, citing humanitarian and compassionate grounds. The visa officer and IAD denied the application, finding the grounds insufficient to excuse the breach. Judicial review dismissed. The court upheld the IAD’s decision, stating that the applicant’s choice to complete medical studies abroad, though beneficial, did not justify his extended absence from Canada under IRPA’s H&C provisions. Read more

Temporary Resident Visa – Sharifi v. Canada, 2024 FC 1925: Iranian citizen applied for a TRV to visit his sister in Canada. The officer refused the application, citing doubts about his financial resources, insufficient family ties outside Canada, and concerns about his intent to leave Canada post-visit. Judicial review granted. he court found the decision unreasonable, citing the officer’s failure to address key evidence, including the sister’s sworn financial support and proof of family ties outside Canada, such as the applicant’s parents living with him in Iran and extended family. Read more

IRCC News Updates

Temporary Pause on Private Refugee Sponsorship Applications: Effective November 29, 2024, IRCC has paused the intake of refugee sponsorship applications from groups of five and community sponsors under the Private Sponsorship of Refugees (PSR) Program. This measure aims to address the growing application inventory and lengthy processing times. The pause will remain in effect until December 31, 2025. IRCC will continue processing existing applications and plans to welcome 23,000 privately sponsored refugees in 2025. Read more Canada Gazette, Part I, Volume 158, Number 48: Read more

Program Delivery Updates

Study Permits – Student Direct Stream: The Student Direct Stream (SDS) ended on November 8, 2024, at 2 p.m. ET. Applications submitted under SDS after this date will be processed as regular study permits. References to SDS have been removed from relevant guidance. Read more

TRV and eTA Applications – Fees: IRCC has updated guidance for temporary resident visa (TRV) and electronic travel authorization (eTA) applications, reflecting that multiple-entry visas are no longer the standard document. Outdated fee processing guidelines from 2014 have been removed. Read more

Private Sponsorship of Refugees Program Update: On November 28, 2024, IRCC has released updated instructions for the Private Sponsorship of Refugees Program. Read more

Provincial Government News

British Columbia PNP to Issue Final Invitations for International Graduate Stream: The BC PNP will issue the last invitations to apply (ITAs) for the International Graduate (IG) stream on November 26, 2024, as part of preparations for three new streams for international students announced in March 2024. Registrants in the IG pool who do not receive an ITA will be removed. Details on the opening date for the new streams will be shared soon. Read more March 2024 News Release: Read more

Applications Open for Manitoba Settlement Support Program: Funding supports projects helping newcomers integrate socially, culturally, and economically. Applications will be evaluated on organizational strengths, ability to address newcomer needs, and fostering inter-organizational co-operation. Read more

Newfoundland and Labrador Invests in Refugee Women’s Employment Initiative: The Provincial Government has allocated over $260,000 to Newbornlander’s Sewing Hope program, which, combined with $465,000 from the Northpine Foundation, totals more than $725,000. This two-year initiative offers sewing and English language training to refugee women, aiming to enhance their employment and entrepreneurial prospects. The first cohort began training this month, with completion expected by summer 2025. Read more

Ontario Urges Federal Government for Proactive Border Measures: Premier Doug Ford called on the federal government to enhance border security by cracking down on illegal crossings and the transport of drugs and firearms. He emphasized the need for increased funding for the RCMP and CBSA, improved information sharing, and collaboration with U.S. lawmakers to strengthen economic ties and security through initiatives like critical mineral supply chains and clean energy. Read more

Updated Forms and Checklists

IMM 5373: Sponsorship Undertaking and Settlement Plan: Sponsorship Agreement Holders (SAH): Read more
IMM 5663: Sponsorship Undertaking and Settlement Plan: Community Sponsor (CS): Read more
IMM 5670: Sponsorship Undertaking and Settlement Plan: Groups of Five: Read more

Express Entry and PNP Draws

Important Upcoming Dates

December 31, 2024: GTA Out-of-Status Construction Workers Program extension ends. Read more

December 31, 2024: Temporary public policy to facilitate open work permits for foreign nationals placed in an expression of interest pool or a Provincial Nominee Program ends. Read more

December 31, 2024: Temporary work permit extension policy for Manitoba Provincial Nominee candidates ends, allowing eligible candidates with expiring permits in 2024 to apply for a two-year, Manitoba-specific extension. Read more; Public Policy: Read more

December 31, 2024: Deadline for submitting applications to IRCC for the Yukon-specific work permits. Read more; Public Policy: Read more

December 31, 2024: Public policy supporting Ukrainian nationals under CUAET expires, allowing eligible individuals to enter Canada and apply for or extend work and study permits. Read more

December 31, 2024: Extended measures for Ukrainians under CUAET end, providing fee-exempt permits and facilitated entry for eligible visa holders unable to travel by March 31, 2024. Read more