Weekly Digest | December 29, 2024

Key Highlights:

Recent Case Law

Spousal Open Work Permit – Espinosa v. Canada, 2024 FC 2081: Ecuadorian citizen applied for a work permit under the International Mobility Program to join her husband in Canada, who was working on an LMIA-supported permit. The officer denied the application, citing insufficient ties to Ecuador, inadequate financial documentation, and doubts about her intent to leave Canada after her stay. Judicial review dismissed. The Court found the decision reasonable, highlighting the lack of compelling financial or employment evidence and noting that family ties in Canada were a “pull factor.” The Applicant’s procedural fairness arguments, including claims about the use of the Chinook tool, were rejected. Read more

Humanitarian & Compassionate – Kapoor v. Canada, 2024 FC 2095: Indian citizen applied for permanent residence on H&C grounds, citing establishment in Canada and hardship if returned to India. The officer denied the application, assigning limited weight to evidence of establishment and relying on prior findings of internal flight alternatives. Judicial review granted. The Court ruled the decision unreasonable due to insufficient justification for the limited weight on evidence and improper reliance on previous IFA findings. The Court emphasized that establishment alone can, in some circumstances, be determinative in H&C applications. Read more

Humanitarian & Compassionate – Uhunmwangho v. Canada, 2024 FC 2008: Nigerian applicants sought H&C relief after asylum claims were denied, citing establishment in Canada and the best interests of their Canadian-born children. They failed to appear for scheduled removal twice, leading to an arrest warrant. Judicial review dismissed. The Court applied the clean hands doctrine, finding the applicants’ misconduct undermined the integrity of the proceedings and noting insufficient evidence to support their H&C claims. Read more

Flagpoling for Work and Study Permits Ends: Effective December 23, 2024, at 11:59 pm ET, work and study permits will no longer be issued to flagpolers at Canadian ports of entry. Flagpoling involves temporary residents leaving Canada and re-entering from the U.S. or St. Pierre and Miquelon to access immigration services at the border. This change redirects border resources to enforcement activities, reduces wait times for travellers, and ensures permits are processed through IRCC. Limited exemptions remain for U.S. citizens, free trade agreement professionals, truck drivers, and individuals with pre-booked CBSA appointments. Read more

Elimination of Job Offer Points for Express Entry: Starting in spring 2025, Express Entry candidates will no longer receive additional points for job offers, including those supported by Labour Market Impact Assessments (LMIAs). This measure aims to combat fraud by removing the incentive to buy or sell LMIAs to boost scores. The change applies to all candidates in the pool at implementation and new entrants but does not affect those already invited to apply or with applications in progress. Read more

Who Can Apply at a Port of Entry: As of December 24, 2024, certain foreign nationals in Canada are no longer eligible to apply for work permits at a port of entry. Read more

Ontario’s 2024 Nomination Allocation Reached: The Ontario Immigrant Nominee Program (OINP) issued 21,500 nominations in 2024, reaching its allocation for the year. New applications and those already submitted will be considered under the 2025 allocation. Status updates are available via the e-Filing portal, as telephone inquiries will not provide additional information. Read more

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

December 31, 2024: Manitoba government ends accepting applications for Manitoba Settlement Support Services program. Read more

January 1, 2025: Federal Economic Mobility Pathways Pilot (EMPP) No Job Offer stream reopens for new applications. Read more

January 7, 2025: Deadline at 9:00 AM for eligible international students who meet eligibility requirements as of December 31, 2024, to submit applications under the British Columbia PNP International Post-Graduate (IPG) stream. Read more

January 26, 2025: Deadline to complete the IRCC Online Survey for Newcomers, which invites permanent residents from 2017, 2019, 2021, and 2023 to share their settlement experiences. Read more