Weekly Digest | January 19, 2025

Key Highlights:

Recent Immigration Case Law
Open Work Permits for Family Members of Temporary Residents
Proposed Regulations for Immigration and Citizenship Consultants
Proposed Penalties for Paid Immigration Representatives
Financial Assistance for Gazans Arriving in Canada
Canada Strengthens Border Security and Immigration Integrity
Penalties for Non-Compliant Employers in the TFW Program
Recognized Organizations for Foreign Youth
International Free Trade Agreements Update
Temporary Special Measures for Haiti Crisis
New British Columbia PNP Skills Immigration Program Guide
Ontario Strengthens Border Security
Ontario Launches REDI Pilot
Northwest Territories Delays Nominee Program Re-Opening
Saskatchewan Strengthens Border Security
Study Permit Applications for 2025
Updated Forms and Checklists
Recent PNP Draws
Important Upcoming Dates

Recent Case Law

LMIA-Work Permit – Asadi Boroujeni v. Canada, 2024 FC 2057: Iranian citizen applied for a work permit under the Temporary Foreign Worker Program to work as a carpenter-contractor in Calgary. Despite a positive LMIA, the officer denied the application, citing insufficient evidence of English language proficiency required for job duties such as supervising workers and communicating with employees and customers. Judicial review dismissed. The Court found the officer’s decision reasonable due to the applicant’s failure to provide evidence of English language ability, such as schooling in English, work experience in English, or language test results. Read more

Misrepresentation – Chamdal v. Canada, 2024 FC 2063: Indian citizen challenged the Immigration Division’s finding of inadmissibility for misrepresentation under IRPA section 40(1)(a). The finding was based on his false claim of employment as a farm supervisor at Azure Foods in a 2018 TRV application. The applicant argued that the misrepresentation was immaterial since the visa was not issued. Judicial review dismissed. The Court upheld the decision, agreeing that the misrepresentation foreclosed relevant avenues of investigation and could induce an error in the administration of IRPA. Read more

Temporary Resident Permit – Chopra v. Canada, 2024 FC 2059: Indian citizen challenged the refusal of his TRP renewal. The officer found insufficient justification for the TRP, citing a lack of evidence regarding hardships if applying from abroad. During judicial review, counsel argued risks of job loss and delays due to limited application offices in India; however, these claims were not included in the original application and could not be considered. The applicant also alleged the officer ignored an affidavit, but no affidavit was submitted. The Court upheld the refusal, finding the decision reasonable under IRPA section 24, as the applicant failed to demonstrate the TRP was warranted. Read more

Humanitarian & Compassionate – Cordova v. Canada, 2025 FC 65: A Mexican family applied for permanent residence in Canada on humanitarian and compassionate (H&C) grounds, citing establishment, adverse country conditions, and the best interests of the two minor children (BIOC). The officer denied the application, finding insufficient evidence that the children would face educational hardships in Mexico or that the family could not re-establish there. Judicial review granted. The Court held the decision unreasonable, as the officer unjustly minimized the BIOC. Given these errors, the Court did not address the hardship argument. Read more

C11 Work Permit – Naghashyar v. Canada, 2025 FC 85: Iranian citizen applied for a work permit under the International Mobility Program (IMP) as an entrepreneur to establish a construction services business in Canada. The officer denied the application, citing concerns about the business plan’s viability, including below-market salaries and the competitive Toronto market. Judicial review dismissed. The Court found the decision reasonable, noting that the officer engaged with the relevant facts and raised valid concerns about the business’s sustainability and benefit to Canada. The application did not demonstrate a serious flaw warranting intervention. Read more

Study Permit – PGWP – Odeseye v. Canada, 2025 FC 93: Nigerian citizen applied for restoration of her Study Permit and a Post-Graduate Work Permit (PGWP). The officer denied the application, citing her failure to maintain full-time student status during each academic session, as required under PGWP Program Delivery Instructions. Judicial review dismissed. The Court found the decision reasonable, as the officer followed the mandatory criteria, which leave no discretion for exemptions outside specific circumstances. The applicant’s arguments about procedural fairness and exemptions for financial hardship were also rejected. Read more

Study Permit – Yeung v. Canada, 2025 FC 61: Hong Kong resident applied for a study permit to pursue a diploma in software development at the Southern Alberta Institute of Technology, intending to qualify for permanent residence under Canada’s Hong Kong Pathway Program. The application was denied as the officer was not satisfied the applicant would leave Canada at the end of his authorized stay, citing a lack of evidence that the studies would benefit him if he returned to Hong Kong. Judicial review dismissed. The Court found the decision reasonable, noting the officer appropriately considered dual intent under IRPA section 22(2) and found insufficient evidence supporting the applicant’s return to Hong Kong. Read more

IRCC News Updates

Open Work Permits for Family Members of Temporary Residents: Effective January 21, 2025, IRCC will restrict eligibility for family open work permits (OWPs) to spouses of certain international students and foreign workers. Eligible students must be enrolled in master’s that is longer than 16 months, doctoral, or select professional programs, while eligible workers must be employed in TEER 0 or 1 occupations or specified TEER 2 or 3 roles linked to labour shortages or government priorities. Dependents of foreign workers will no longer qualify. Existing OWPs will remain valid, and in-Canada family members may renew their permits under certain conditions. Read more

Proposed Regulations for Immigration and Citizenship Consultants: Feedback from stakeholders invited for draft regulations to enhance the College of Immigration and Citizenship Consultants’ governance under the College Act. The proposed rules include strengthening the public register, refining complaints and discipline processes, establishing a victim compensation fund, and clarifying ministerial authority to appoint a board overseer if needed. Read more Canada Gazette, Part I, Volume 158, Number 51: Read more

Proposed Penalties for Paid Immigration Representatives: Feedback from stakeholders invited for draft regulations to penalize paid immigration representatives, both authorized and unauthorized, who break the law. Violations, including advising clients to misrepresent themselves, could result in fines of up to $1.5 million. Details of violations and penalties will be published online to promote transparency and accountability. Read more Canada Gazette, Part I, Volume 158, Number 51: Read more

Financial Assistance for Gazans Arriving in Canada: On January 16, 2025, IRCC announced that Palestinians arriving in Canada can now apply for transitional financial assistance, providing $3,000 per adult and $1,500 per child to cover basic needs. Payments will begin for those arriving by March 31, 2025, with applications encouraged upon arrival. TRV and biometric fees will also be refunded for eligible applicants. Read more

Canada Strengthens Border Security and Immigration Integrity: On January 15, 2025, the Government of Canada highlighted progress under the Border Plan, including $1.3 billion in investments for advanced technology, drones, surveillance equipment, and increased removals. Key measures include reducing illegal crossings by 89%, introducing visa requirements for high-risk countries, and ending “flagpoling,” saving significant resources. Collaboration with U.S. and provincial partners enhances border security while maintaining immigration system integrity. Read moreBackgrounder: Read more

ESDC Updates

Penalties for Non-Compliant Employers in the TFW Program: On January 17, 2025, ESDC reported significant increases in penalties and enforcement for employers misusing the Temporary Foreign Worker (TFW) Program. Between April 1, 2024, and September 30, 2024, $2.1 million in fines were issued—double the amount in 2023—with 20 employers banned. Key measures include higher fines, extended bans, stricter LMIA oversight, and enhanced inspections to protect temporary foreign workers and uphold workplace safety standards. Read more

Program Delivery Updates

Recognized Organizations for Foreign Youth – IEC [R205(b)]: On January 17, 2025, IRCC updated the International Experience Canada (IEC) instructions for Recognized Organizations (ROs) to align with program priorities. Updates include the removal of the non-YMA quota (AIESEC will no longer support countries outside YMA/IEC agreements, such as Brazil and India) and clearer instructions on non-YMA participation through ROs. Read more

International Free Trade Agreements [R204(a)]: On January 15, 2025, IRCC revised the International Mobility Program instructions to reflect updates to free trade agreements (FTAs). Changes include the revision of the International Free Trade Agreements landing pages and the removal of program delivery instructions for the North American Free Trade Agreement (NAFTA). Read more

Temporary Special Measures for Haiti Crisis: On January 13, 2025, IRCC extended the temporary special measures in response to the crisis in Haiti until November 19, 2025. Read more

Provincial Government News

New British Columbia PNP Skills Immigration Program Guide: The BC PNP has released a new edition of the Skills Immigration Program Guide, effective January 17, 2025. Applications are assessed based on the criteria and policies in place at the time of submission. Ensure you are using the correct edition. Read more

Ontario Strengthens Border Security: Ontario launched Fortress Am-Can to enhance immigration and border security. Key measures include Operation Deterrence, deploying 200 officers to disrupt illegal immigration and cross-border crime, improving biometrics, and expanding intelligence sharing. Read more

Ontario Launches REDI Pilot: The Regional Economic Development through Immigration (REDI) pilot, launched under the Ontario Immigrant Nominee Program (OINP), allocates 800 nominations across four regions: Lanark, Leeds and Grenville, Sarnia-Lambton, and Thunder Bay. The program targets skilled immigrants for high-demand roles in health care, technology, and skilled trades to drive local economic growth. Employers in these regions can attract international workers through the OINP Employer Job Offer streams. Read more OINP Updates: Read more

Northwest Territories Delays Nominee Program Re-Opening: The Northwest Territories Nominee Program will not re-open on January 16, 2025. On January 15, 2025, the government was informed by IRCC of a 50% reduction in the 2025 nominee allotment to 150, down from 300 in 2024. Unaware of this, the government had planned to accept 100 applications but now needs time to reassess. A new date will be announced. Applicants should review guidelines and prepare documents. Read more

Saskatchewan Strengthens Border Security: On January 14, 2025, the Saskatchewan Border Security Plan (SBSP) launched, deploying 16 Provincial Protective Services officers with surge capacity for 95 if needed. Resources include patrols, canine teams, drones, snowmobiles, aircraft, and mobile command units for vehicle inspections. Read more

Canada Gazette Updates

Study Permit Applications for 2025: Effective January 22, 2025, IRCC introduced new processing requirements for study permit applications under the student class. Applications must include a provincial or territorial attestation letter confirming allocation space for 2025. A cap of 550,162 applications will apply from January 22 to December 31, 2025. Exceptions include renewals, exchange students, and specific public policy exemptions. Applications exceeding the cap will be returned. These measures aim to balance application intake while supporting Canada’s immigration objectives. Canada Gazette, Part I, Volume 159, Number 3: Read more

Updated Forms and Checklists

IMM 5483: Document Checklist: Study Permit: Read more
IMM 0263: Post-arrival RAP contribution request: Read more
IMM 5766: Start-up business class commitment certificate: Read more
CIT 0010: Confirmation of Canadian Citizenship of the Adoptive Parent(s): 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