Weekly Digest | January 12, 2025

Key Highlights:

Recent Immigration Case Law
Updated Unemployment Rates Affecting LMIAs
Intra-Company Transferees [R205(a)]
International Experience Canada [R204(d)]
BC PNP Updates Skills Immigration Program Guide
NFL Immigration Policy for Film and Television Workforce
Ontario Launches “Operation Deterrence” to Enhance Border Security
Yukon Launches Navigation Service for Foreign Credential Recognition
Updated Forms and Checklists: IMM 5644
Latest Express Entry and PNP Draws

Recent Case Law

TR to PR Pathway – Entezami v. Canada, 2025 FC 38: Iranian citizen applied for permanent residence under the TR to PR Pathway. The application was refused because the language test was taken after the submission date. By May 8, 2021, IRCC had already reached the 40,000-application cap. The applicant received the test results later in May, tried submitting them on June 8, 2021, but only successfully filed them in February 2022. Judicial review dismissed. The Court upheld the decision, confirming the officer acted within the policy’s criteria and was not required to consider exceptional circumstances. Read more

Temporary Resident Visa – Malasi v. Canada, 2025 FC 10: Albanian citizen applied for a Temporary Resident Visa (TRV) to visit his brother in Canada. The officer refused the application, citing insufficient financial evidence and weak emotional ties to Albania. The applicant stated he has lived in Albania all his life, owns the home he shares with his parents, has run his business for five years, previously had stable employment, frequently travelled abroad but always returned, and needs to run his business. Judicial review granted. The Court found the officer’s decision unreasonable for failing to consider this evidence of establishment. Read more

Family Class Sponsorship – H&C Relief – Mendoza De Jesus v. Canada, 2025 FC 32: Filipino citizens applied for PR under the family class. The Principal Applicant was excluded under IRPR 117(9)(d) for not being declared during the Sponsor Applicant’s earlier PR application. The H&C submissions were denied as insufficient to override the exclusion. Judicial review granted. The Court cited the officer’s failure to meaningfully address the 19-year same-sex relationship, forced concealment in restrictive jurisdictions, and inadequate engagement with evidence. The procedural fairness claim, based on unaddressed extension requests, was dismissed. Read more

Humanitarian & Compassionate – Onifade v. Canada, 2025 FC 47: Nigerian citizens applied for permanent residence on humanitarian and compassionate grounds. The officer refused the application, finding the family’s establishment in Canada modest and concluding they could re-establish in Nigeria despite hardships, including inadequate resources for their child with autism. Judicial review granted. The Court found the officer’s assessment of the best interests of the child unreasonable, citing a failure to meaningfully address evidence of limited autism services in Nigeria and the developmental risks. Read more

LMIA Work Permit – Tesheen v. Canada, 2025 FC 55: A Pakistani citizen applied for a work permit as a meat cutter under the Temporary Foreign Worker Program, supported by an LMIA and evidence of his experience. The officer refused the application, citing insufficient financial stability and inadequate evidence of work experience, focusing on an undated employment letter while disregarding corroborating evidence such as a statutory declaration, résumé, and customer statements. Judicial review granted. The Court found the decision unreasonable, as the officer failed to address substantial evidence, ignored material facts, and breached procedural fairness by not giving the applicant an opportunity to respond to concerns. Read more

ESDC Updates

Updated Unemployment Rates Affecting LMIAs: As of January 10, 2025, new unemployment rates for Census Metropolitan Areas (CMAs) have been published. For LMIA applications submitted from January 10, 2025, to April 3, 2025, regions with unemployment rates of 6% or higher will face restrictions for certain low-wage positions. Read more

Program Delivery Updates

Intra-Company Transferees (ICT) [R205(a)]: On January 6, 2025, IRCC released updated instructions for assessing eligibility under the Intra-Company Transferee categories (C61, C62, C63) within the Canadian interests stream. These updates include guidance on determining whether an enterprise qualifies as a multinational corporation, with specific examples for each category. This follows extensive updates to free trade agreements (FTAs) under paragraph R204(a) issued on October 1, 2024. Read more

International Experience Canada (IEC) [R204(d)]: On January 7, 2024, IRCC updated policies for IEC bilateral agreements following December 18, 2024, regulatory changes. The authority to issue work permits under IEC will transition from paragraph 205(b) to 204(d) of the regulations. The updated regulation authorizes work permits under youth mobility agreements or arrangements promoting reciprocal employment for Canadian citizens abroad. Read more

Provincial Government News

BC PNP Updates Skills Immigration Program Guide: On January 7, 2025, the BC Provincial Nominee Program (BC PNP) released a new edition of the Skills Immigration Program Guide. Applications will be assessed based on the criteria and policies in place at the time of submission. Read more

NFL Immigration Policy for Film and Television Workforce: On January 10, 2025, the Government of Newfoundland and Labrador announced a new immigration policy under the Provincial Nominee Program to support the local film and television workforce. This policy allows newcomers with full-time, cyclical employment in productions, such as a four-month television shoot with expected future projects, to apply for permanent residency. It aims to attract and retain creative talent while encouraging newcomers to establish a permanent base in the province. Read more

Ontario Launches “Operation Deterrence” to Enhance Border Security: On January 7, 2025, the Ontario government introduced “Operation Deterrence,” a framework aimed at bolstering security along the Ontario-U.S. border. This initiative mobilizes 200 Ontario Provincial Police (OPP) emergency response officers, along with specialty units such as canine teams and criminal investigators, to target illegal activity beyond the 14 official CBSA border crossings. Since December 6, 2024, OPP has conducted over 6,000 hours of patrols using advanced tools, including aircraft, boats, and off-road vehicles. This operation is part of broader efforts to combat smuggling, illegal crossings, and drug and gun trafficking. Read more

Yukon Launches Navigation Service for Foreign Credential Recognition: On January 9, 2025, the Government of Yukon introduced the Foreign Credential Recognition Navigation Service, a pilot project aimed at assisting internationally educated health professionals (IEHPs). The service offers tailored support, including information on licensing, connections to settlement services, training opportunities, and one-on-one counselling. Eligible IEHPs, already in or planning to move to the Yukon, may receive financial aid for exams, licensing, or credential assessments. Read more

Updated Forms and Checklists

IMM 5644: Document Checklist: Application for a Permanent Resident Card or Permanent Resident Travel Document: Read more

Latest Draws

Important Upcoming Dates

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

February 4, 2025: Deadline for feedback on proposed amendments to the College of Immigration and Citizenship Consultants Regulations. Canada Gazette, Part I, Volume 158, Number 51: Read more

February 4, 2025: Deadline for feedback on proposed IRPR amendments introducing administrative penalties and consequences for unauthorized immigration services and misrepresentation. Canada Gazette, Part I, Volume 158, Number 51: Read more

February 4, 2025: Deadline for feedback on proposed amendments to Citizenship Regulations introducing administrative penalties for violations under the Citizenship Act. Canada Gazette, Part I, Volume 158, Number 51: Read more

February 28, 2025: Deadline for Iranian nationals in Canada to apply for fee-exempt temporary residency extensions, work permits, or study permits under the special policy. Read more Policy: Read more Special Measures: Read more