Weekly Digest | February 8, 2026

Key Highlights:

Recent Judicial Reviews
Bill C-12: Strengthening Canada’s Immigration System and Borders Act
Study Permits: PAL/TAL
Open Work Permits for Vulnerable Workers
Manitoba Provincial Nominee Program
New Brunswick: Atlantic Immigration Program and Provincial Stream
Nova Scotia Nominee Program
Updated Forms and Checklists
Latest Express Entry and PNP Draws
Important Upcoming Dates

Recent Case Law

Post-Graduation Work Permit – Study Permit Restoration – Kaur v. Canada, 2026 FC 173: After her PGWP expired, the applicant withdrew a PGWP extension and applied to restore status as a student. The officer found restoration under R182 was not available because status can only be restored to the same category previously held and she could not restore from worker to student. The Court held the interpretation reasonable and upheld the refusal. Judicial review dismissed. Read more

Start-Up Visa Work Permit – Bhargava v. Canada, 2026 FC 165: SUV work permits refused for insufficient evidence of significant benefit and concerns the applicants would not leave Canada. The officer failed to address the incubator’s Commitment Certificate and Letter of Support, imposed an unsupported business plan requirement, and did not consider the principal applicant’s decades of immigration compliance abroad when assessing temporary intent. Reasons lacked justification. Judicial review granted. Read more

C11 Work Permit – Azad v. Canada, 2026 FC 158: C11 work permit refused where the officer was not satisfied the proposed healthcare IT business would generate significant economic benefit or succeed and found the applicant unlikely to leave Canada as his UAE status would expire during his stay. The Court deferred to the officer’s assessment of business viability and temporary intent. Judicial review dismissed. Read more

Humanitarian and Compassionate – Cerda v. Canada, 2026 FC 161: H&C refused for a mother and child based on establishment, hardship, and BIOC. The officer failed to assign or explain weight to BIOC, did not conduct a proper global assessment, did not assess whether remaining in Canada versus returning to Chile better served the child’s interests, and overlooked key evidence regarding the father and family circumstances. Reasons unintelligible and not responsive to the record. Judicial review granted. Read more

Temporary Resident Visa – Tajik v. Canada, 2026 FC 121: TRV refused after reconsideration where the officer questioned the purpose of travel (conference already concluded and unclear rationale), unexplained large and volatile bank transactions, modest savings, and limited travel history. The Court found the officer considered the updated evidence and provided responsive, justified reasons. Judicial review dismissed. Read more

Misrepresentation – Work Permit – Nguyen v. Canada, 2026 FC 155: TFWP and related dependent permits refused after the officer found misrepresentation based on a venture report stating the applicant held a computer science degree. The applicant clarified he did not complete the degree, called it an inadvertent error, and other records consistently showed only partial studies. The officer ignored these contradictions and treated the mistake as material, imposing a five-year bar. Court found the analysis unresponsive and unreasonable. Judicial review granted. Read more

Start-Up Business Work Permit – Alipourmonazah v. Canada, 2026 FC 146: SUV work permit refused for lack of significant benefit under R205(a) and insufficient ties abroad. The officer gave only conclusory statements, failed to explain why a detailed business plan did not show benefit, and treated the family’s travel together as determinative without weighing ties in Iran. Reasons lacked justification and a rational chain of analysis. Judicial review granted. Read more

Study Permit – Bista v. Canada, 2026 FC 128: Study permit refused for lack of temporary intent and unclear program rationale for a mid-career applicant pursuing digital marketing studies. GCMS notes relied on brief, generalized statements, misstated facts (education/work history), and did not engage with the applicant’s stated purpose, career nexus, travel history, family ties, or financial evidence. Reasons were largely conclusory and lacked justification or an intelligible chain of analysis. Judicial review granted. Read more

Start-Up Visa – Entezamfar v. Canada, 2026 FC 141: PR refused for alleged failure to respond to a procedural fairness letter requesting Schedule A, police certificates, proof of funds, and family information. Evidence showed the PFL was never sent to the representative. The officer relied on non-response and refused under s 16(1). The Court found procedural fairness breached and the decision based on a factual error. Judicial review granted. Read more

Parliament of Canada

Bill C-12 – Strengthening Canada’s Immigration System and Borders Act – February 5, 2026: Senate completed second reading and referred the bill to the Standing Senate Committee on National Security, Defence and Veterans Affairs, with Parts 5 to 8 to be separately studied by the Standing Senate Committee on Social Affairs, Science and Technology; final committee report due by February 24, 2026, after which the bill proceeds to third reading. Read more

IRCC News Updates

Study Permits (PAL/TAL) – February 6, 2026: Instructions clarified for provincial or territorial attestation letters, including updated 2026 Ministerial Instructions, definitions for graduate programs and PAL/TAL exceptions, new exemption for master’s and doctoral students at public DLIs, consolidated Quebec guidance, revised validity periods, removal of certain ORG ID tracking requirements, added authenticity verification procedures, and updated 2026 sample letters. Read more

Open Work Permits for Vulnerable Workers (R207.1) – February 6, 2026: Instructions revised to provide clearer officer guidance, including new sections on abuse thresholds, missing or extrinsic evidence, supporting documents, procedural fairness, interviews, and medical exams; applications cannot be made at ports of entry or outside Canada; officers may request additional information before refusal; 5-day contact requirement removed; refusal and IME procedures updated. Read more

Provincial Government News

Manitoba Provincial Nominee Program – February 5, 2026: Effective February 4, 2026, sector eligibility under the Temporary Resident Retention Pilot (TRRP) revised to reflect current labour market needs; Hospitality and Food Services removed as an eligible sector and additional skilled trades occupations added. Read more and Read more

New Brunswick – Atlantic Immigration Program and Provincial Stream – February 3, 2026: AIP endorsements moved to a monthly candidate pool selected by provincial priorities, not first-come; unselected files expire after 365 days and require resubmission; new employer designations paused. Endorsements, EOIs, and ITAs not considered for accommodation and food services (NAICS 72) or listed retail, customer service, and food or fish processing occupations; overseas recruitment limited to GNB-led initiatives in health care, education, and construction. Applies across AIP, Skilled Worker, and Express Entry. Read more

Nova Scotia Nominee Program – February 5, 2026: Portal closed February 13 to February 18, 2026; in-progress EOIs must be submitted by February 13, 2026 or cancelled, and some website pages unavailable February 17 to February 18. Streams consolidated from 10 to 4, with forms updated to support modernization; eligibility and priority selection (Healthcare, Construction, Manufacturing) unchanged. Existing EOIs and applications require no action and continue processing, and the update applies only to the NSNP and not the Atlantic Immigration Program. Read more

Updated Forms and Checklists

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

Latest Draws

Important Upcoming Dates

February 28, 2026: Temporary Public Policy for Iranian nationals in Canada ends. Read more and Read more

March 31, 2026: Canada-Ukraine Authorization for Emergency Travel (CUAET) temporary public policy expires. Read more and Read more and Read more

March 31, 2026: Northwest Territories Nominee Program (NTNP) work permit eligibility extension expires under the updated program guidelines. Read more