
Canadian Immigration Law
Weekly Digest | November 8, 2026
Key Highlights:
- Labour Market Impact Assessment – Rogami Services Limited v. Canada, 2026 FC 1367
- Study Permit – Agha v. Canada, 2026 FC 1364
- Humanitarian and Compassionate – Martin v. Canada, 2026 FC 1363
- LMIA-Work Permit – Loyeung v. Canada, 2026 FC 1360
- LMIA-Work Permit – Taremi v. Canada, 2026 FC 1349
- Super Visa – Vokshi v. Canada, 2026 FC 1346
- Canadian Experience Class – Mandamus – Javadi v. Canada, 2026 FC 1342
- 2027–2029 Immigration Levels Plan
- Express Entry – CRS Changes
- Express Entry – LMIA Exemption for Qualifying Job Offers
- National Francophone Immigration Week
- Asylum System Modernization
- Humanitarian and Compassionate Updates
- Temporary Resident Permits Updates
- Temporary Foreign Worker Program Reforms
- Immigration Representative Penalties
- Citizenship Representative Penalties
- Rural Community Immigration Program
- Refugee Protection Division Rules
- Manitoba – National Francophone Immigration Week
- Updated Forms and Checklists
- Latest Draws
- Important Upcoming Dates
Recent Case Law
- Labour Market Impact Assessment – Rogami Services Limited v. Canada, 2026 FC 1367: Staffing agency’s LMIA for two personal care aides in Kingston refused over non-genuine job offers and insufficient labour market impact. Court upheld refusal on genuineness grounds, finding agency provided staffing rather than direct care, positions served clients’ needs, and agency could not identify worksites or demonstrate control over working conditions. Applicant declined to provide client contracts. Previous positive LMIA involved different employment circumstances. Judicial review dismissed. Read more
- Study Permit – Agha v. Canada, 2026 FC 1364: Nigerian Applicant’s third study permit application for an eight-month Marketing Management program refused over insufficient financial establishment and unclear source of funds. Applicant had prepaid $17,258 in tuition and increased a Canadian GIC from $15,000 to approximately $25,000. Court found Officer failed to address evidence that over $32,000 in tuition and GIC funds had remained in Canada for more than two years, contradicting financial concerns. Decision unreasonable. Judicial review granted. Read more
- Humanitarian and Compassionate – Martin v. Canada, 2026 FC 1363: Jamaican Applicant’s H&C PR refused despite residence since 2012, three young Canadian children and alleged persecution based on sexual orientation. Court found Officer unreasonably discounted children’s interests despite evidence of co-residence and financial and emotional support, inconsistently assigning no positive and minimal weight. Officer also relied on a 2015 adverse refugee credibility finding without meaningfully assessing new evidence of former partner’s murder or considering that the finding predated SOGIESC Guidelines. Judicial review granted. Read more
- LMIA-Work Permit – Loyeung v. Canada, 2026 FC 1360: Mauritian Applicant’s cook work permit refused for lacking proof of secondary education despite over 10 years of relevant experience. Although NOC described secondary school as “usually required,” the LMIA expressly specified secondary education. Court upheld refusal, finding Officer reasonably relied on the LMIA’s educational requirements and did not fetter discretion by considering them despite Applicant’s extensive work experience. Judicial review dismissed. Read more
- LMIA-Work Permit – Taremi v. Canada, 2026 FC 1349: Iranian Applicant’s LMIA-supported work permit, spouse’s open work permit and child’s study permit refused over insufficient finances and temporary intent concerns. Court found Officer overlooked vehicle sale proceeds, family savings, spouse’s financial contributions and rental income from Iranian property. Officer also failed to explain why source-of-funds evidence was inadequate or address home ownership, employment, family ties and travel history when assessing temporary intent. Judicial review granted. Read more
- Super Visa – Vokshi v. Canada, 2026 FC 1346: Albanian Applicant’s Super Visa refused for insufficient proof that Canadian hosts met minimum income requirements, citing missing 2024 tax assessments, employment letters and income documentation. Court upheld refusal, finding supporting financial and relationship documents absent from certified tribunal record and inadmissible as new evidence. Officer had no duty to seek clarification of insufficient documentation. Court also criticized fabricated, potentially AI-generated case citations in Applicant’s submissions. Judicial review dismissed. Read more
- Canadian Experience Class – Mandamus – Javadi v. Canada, 2026 FC 1342: Iranian Applicant’s CEC PR remained undecided for over 1,020 days at the hearing, against a 180-day service standard. IRCC re-requested previously submitted spouse’s military records, with his security screening passing in April 2026. Court found prolonged inactivity and generalized security-screening explanations insufficient to justify delay. Proof of prejudice not required for mandamus. Judicial review granted; IRCC ordered to decide within 30 days, with $2,000 costs awarded. Read more
2027–2029 Immigration Levels Plan
- Annual targets: 380,000 permanent residents and 370,000 new temporary residents annually from 2027–2029, comprising 170,000 International Mobility Program workers, 50,000 Temporary Foreign Worker Program workers and 150,000 international students. Economic immigration will account for 64.4% of PR admissions.
- Temporary resident exclusions: Targets exclude visitors, permit extensions, in-Canada work/study permit applications, PGWPs, asylum claimants and certain seasonal workers.
- Economic immigration: Annual PR targets include 100,000 Federal High Skilled, 95,000 PNP and 6,000 Atlantic Immigration Program admissions. IRCC plans Express Entry/CRS reforms, including high-wage occupations and skilled trades, and will make the Rural Community Immigration Pilot permanent.
- Francophone immigration: Targets outside Quebec increase to 9.5% in 2027, 10.5% in 2028 and 12% in 2029.
- One-time PR measure (2027): Up to 200,000 people already in Canada may transition to PR through two cohorts:
- 100,000 workers and families: Through increased PNP allocations and selected existing federal applications, including AIP, Start-up Visa, Self-Employed, Agri-Food and home care programs.
- 100,000 humanitarian and family applicants: Including Hong Kong and Ukraine pathways, eligible H&C applicants and in-Canada family sponsorships, aiming to reduce spousal processing times outside Quebec toward 12 months.
- Existing PR initiatives (2026–2027): Separate measures will accelerate PR transitions for up to 115,000 protected persons and their in-Canada dependants, and 33,000 work permit holders. IRCC also expects to complete its In-Canada Workers Initiative in 2027.
- Canada’s immigration levels: Read more
- Backgrounder: Read more
- Supplementary Information: Read more
- Budget 2026: Read more
IRCC News Updates
- Express Entry – CRS Changes – November 3, 2026: Updated Ministerial Instructions introduce a Labour Market Integration factor, awarding 40–80 points for Canadian work experience (35–70 with accompanying spouse), plus 20–70 additional points for at least one year in high-wage occupations. Alternatively, qualifying high-wage job offers receive 50–100 points. Only the higher score applies, capped at 150 points (140 with spouse). High-wage occupations require median wages at least 1.3 times the national workforce median. LMIAs are no longer required for qualifying job offers, which IRCC assesses directly. Maximum CRS score increases to 1,270. IRCC will pause invitation rounds for up to two weeks while recalculating scores. Read more
- Express Entry – LMIA Exemption for Qualifying Job Offers – November 3, 2026: IRCC introduced a temporary public policy eliminating LMIA requirements for qualifying job offers under the Federal Skilled Worker and Federal Skilled Trades programs. Applies to PR applications following invitations issued on or after November 3, 2026. Certain employer-specific work permit and one-year employment requirements are also waived. IRCC will assess job offers directly, replacing the previous dual-assessment process. Policy remains effective until revoked. Read more
- National Francophone Immigration Week – November 2, 2026: IRCC reaffirmed its commitment to welcoming 9% French-speaking permanent residents outside Quebec in 2026. Initiatives supporting this target include Express Entry selection for French-speaking candidates, the Welcoming Francophone Communities Initiative and the Francophone Immigration Support Program, alongside enhanced settlement and integration services for Francophone minority communities. Read more
- Asylum System Modernization – November 3, 2026: New regulations under Bill C-12 came into force, introducing a single online application process for inland and port-of-entry asylum claims, timelines for government reviews, rules for reinstating withdrawn and non-abandoned claims, additional protections for vulnerable claimants, work permit access for eligible claimants and exceptions to new ineligibility rules. From January to August 2026, asylum claims declined 52% compared to 2025 and 68% compared to 2024. Read more Backgrounder: Read more PDU: Read more Canada Gazette: Read more
- Humanitarian and Compassionate Updates – November 3, 2026: IRCC updated its intake instructions following Bill C-12 amendments to IRPA s. 25, clarifying restrictions on H&C applications, including refugee claimants with pending PRRAs and the 12-month bar following negative refugee or Federal Court decisions, subject to medical and best interests of the child exceptions Read more
- Temporary Resident Permits Updates – November 3, 2026: IRCC updated its permanent residence instructions for the Permit Holder Class, clarifying that TRPs issued to foreign nationals for failing to meet IRPA requirements do not qualify under this class. The update also modernizes terminology. Read more
ESDC News Updates
- Temporary Foreign Worker Program Reforms – November 6, 2026: Low-Wage Stream LMIA employment duration increased from one to two years for applications submitted November 6, 2026 onward. Early childhood educators are now exempt from the LMIA processing ban in CMAs with unemployment of 6% or higher. March 1, 2027: Proposed regional reforms, subject to provincial opt-in, will restrict urban LMIA access to priority occupations while maintaining full rural access. Selected communities may increase low-wage workforce caps from 10% to 15% (20% for priority sectors). Budget 2026 allocates $151.5 million for program improvements and $82 million for worker support. Read more
Canada Gazette Updates
- Immigration Representative Penalties – November 4, 2026: Regulations published in the Canada Gazette, effective October 23, 2026, establish penalties for unauthorized paid representation ($5,000 baseline), misrepresentation ($15,000) and failure to comply with inspections ($10,000). Penalties vary based on prior violations, impact and financial gain, capped at $1.5 million per notice. Representatives have 30 days to respond to preliminary notices or request review of violation notices. Solicitor-client privilege protections apply, and confirmed violations will be publicly disclosed. Read more
- Citizenship Representative Penalties – November 4, 2026: Regulations effective October 23, 2026 establish administrative penalties for unauthorized paid citizenship representation ($5,000 baseline), misrepresentation ($15,000) and inspection non-compliance ($10,000). Penalties vary by prior violations, impact and financial gain, with a combined $1.5 million cap under immigration and citizenship regulations. Representatives have 30 days to respond to preliminary notices or request reviews. Solicitor-client privilege protections apply, and confirmed violations will be publicly disclosed. Read more
- Rural Community Immigration Program – November 4, 2026: New regulations establish a permanent Rural Community Immigration Class, effective October 22, 2026. Applicants require a community recommendation, eligible job offer and qualifying work experience, education, language and settlement requirements. Employers must complete training and support settlement. Key dates: December 31, 2026 – deadline for pilot recommendations; January 1, 2027 – new program recommendations begin; June 30, 2027 – pilot Ministerial Instructions expire. Read more
- Refugee Protection Division Rules – November 4, 2026: Amendments effective November 3, 2026 align RPD procedures with Bill C-12, replacing the separate Basis of Claim (BOC) form with a single asylum application and introducing pre-referral abandonment procedures. Personal evidence must be submitted within 30 days of referral, BOC amendments within five days of receiving a Notice to Appear, and country-condition evidence 10 days before hearings. Fax submissions to the RPD are discontinued. Read more
Provincial Government News
- Manitoba – National Francophone Immigration Week – November 3, 2026: The Manitoba Provincial Nominee Program (MPNP) released a three-minute promotional video highlighting opportunities for French-speaking immigrants to study, work and settle in Manitoba. An English-subtitled version is also available. Read more
Updated Forms and Checklists
- IMM 0292: Canadian Refugee Claim Application – Consent and Declaration Form: Read more
Latest Draws

Important Upcoming Dates
- November 27, 2026: Expiry of Ebola-related immigration restrictions affecting foreign nationals residing outside Canada in the Democratic Republic of the Congo, Uganda and South Sudan. Read more
- December 31, 2026: Application deadline under Québec’s temporary public policy facilitating LMIA-exempt employer-specific work permits for eligible PSTQ candidates who have submitted a permanent selection application. Read more Guidelines: Read more
- December 31, 2026: Expiry of IRCC’s pause on new Private Sponsorship of Refugees applications from Groups of Five and Community Sponsors. Read more Canada Gazette: Read more
- December 31, 2026: Expiry of IRCC’s temporary public policy allowing eligible Temporary Resident to Permanent Resident (TR to PR) pathway applicants and their family members, including those abroad, to obtain open work permits while awaiting permanent residence decisions. Read more Public Policy: Read more PDI: Read more Guidelines: Read more


