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ImmPulse Weekly

Media Commentary & Policy Reflections

Citizenship Week 2025: Celebrating Diversity and Inclusion

Canada commenced its annual Citizenship Week from May 26 to June 1, 2025. In 2024, the country granted citizenship to 374,000 individuals, with Indian nationals constituting the largest group at 87,000, representing 23% of the total. (The Times of India)

Extension of Temporary Policy Allowing Job Changes for Foreign Workers

On May 27, 2025, IRCC extended a temporary public policy permitting foreign workers in Canada to change employers or occupations without waiting for a new work permit. This policy, initially introduced during the COVID-19 pandemic, aims to enhance job mobility and address labor market needs. (The Economic Times)

Canada Sees Surge In Temporary Foreign Workers Applying To Escape Abusive Employers

Applications for open work permits by temporary foreign workers in Ontario fleeing abusive employers have risen by 867% year over year, exposing serious vulnerabilities in Canada’s Temporary Foreign Worker Program (TFWP). Tied to a single employer, many workers fear reporting abuse due to the risk of losing status. Although the government offers an Open Work Permit for Vulnerable Workers (OWP-V), it is temporary and difficult to access. Advocacy groups and the UN have condemned the program for enabling exploitation, prompting calls for urgent reform, including ending employer-specific permits and creating clear paths to permanent residency. (Toronto Star)

Admissions Of Temporary Foreign Workers To Canada Buck A Recent Trend

Despite Ottawa’s efforts to reduce temporary resident targets, Canada has experienced a surprise increase in the number of foreign workers admitted in 2025, reversing a trend of three consecutive quarterly declines. This unexpected spike suggests that policy changes have not yet curbed the demand for or flow of temporary labor into the country. (Toronto Star)

IRCC Program Delivery & Operational Updates

Revised C11 Work Permit Guidelines for Business Owners

Effective May 27, 2025, IRCC updated the International Mobility Program (IMP) guidelines under [R205(a) – C11] for business owners seeking temporary residence. Key changes include:

  • Applicants must now demonstrate sufficient support and business funds.
  • A minimum ownership threshold of 51% in the business is required.
  • Work permits are limited to a maximum validity of 18 months.
  • Experience gained under this permit does not count towards the Canadian Experience Class.
  • Detailed instructions have been added regarding application methods, assessment of significant benefit to Canada, and procedures for extensions and refusals.
  • These changes aim to ensure that temporary business residents make meaningful economic contributions to Canada.

(Source)

Extended Policy Allowing Job Changes for Foreign Workers

On May 27, 2025, IRCC extended a temporary public policy permitting foreign workers in Canada to change employers or occupations without waiting for a new work permit. This policy, initially introduced during the COVID-19 pandemic, allows eligible foreign nationals to begin working in a new job while their work permit application is pending, provided they receive interim authorization from IRCC. This measure aims to reduce employment gaps and support a more fluid labor market in Canada. (Source)

Clarified Maintained Status Policies

As of May 28, 2025, IRCC revised its guidelines on maintained status (formerly “implied status”) for temporary residents. The updates clarify when individuals benefit from maintained status and remove references to applying for new work or study permits at the port of entry while on maintained status. This clarification aims to provide better guidance for applicants during the processing of their extension applications. (Source)

Updated Wage Assessment Guidelines for TFWP

On May 28, 2025, IRCC released updated instructions to ensure a consistent approach in assessing wages under the Temporary Foreign Worker Program (TFWP). Officers must confirm that offered wages align with prevailing wage rates, ensuring that foreign workers are compensated fairly and that Canadian labor standards are upheld. (Source)

Amended IEC Bilateral Agreement with Japan

Effective April 1, 2025, under the updated bilateral agreement between Canada and Japan, Japanese participants in the International Experience Canada (IEC) program may now participate twice instead of once. This change enhances youth mobility and strengthens bilateral relations between the two countries. (Source)

Ontario Introduces Working for Workers Seven Act

On May 28, 2025, Ontario introduced the Working for Workers Seven Act, proposing significant reforms to the Ontario Immigrant Nominee Program (OINP) and employment standards. Key proposals include:

  • Empowering immigration officers to conduct in-person interviews for OINP applicants.
  • Streamlining or revoking streams based on labor market needs.
  • Returning misaligned applications to maintain program integrity.
  • Launching a new OINP employer portal by Summer 2025.
  • Enhancing protections against workplace abuse and strengthening enforcement mechanisms.

These measures aim to protect workers and ensure that the OINP aligns with Ontario’s labour market requirements. (Source)

OINP Processing Delays Due to Reduced Federal Allocations

As of May 30, 2025, Ontario announced that the federal government has reduced the province’s nomination allocation by 50% for 2025. Consequently, Ontario Immigrant Nominee Program (OINP) applicants should expect longer processing times. This reduction impacts the province’s ability to address labour shortages through immigration. (Source)

PEI Launches Consultations on Foreign Worker Protection Act

On May 27, 2025, Prince Edward Island initiated public consultations on the second phase of the Temporary Foreign Worker Protection Act. Proposed measures include the introduction of an employer registry and regulations related to administrative penalties. These initiatives aim to enhance protections for temporary foreign workers and ensure employer accountability. (Source)

Steinbach Begins Candidate Intake for RCIP

Steinbach, Manitoba, has launched its participation in the Rural Community Immigration Pilot (RCIP), a permanent residence pathway for skilled foreign workers. Employer designation is now open, with monthly intake periods starting June 1, 2025. Only five recommendations will be issued per intake, prioritizing listed sectors and NOC codes. Designated employers must meet specific criteria, complete intercultural training, and support candidate settlement. RCIP – Steinbach does not match candidates with jobs. (Source)

Celebrating Canadian Citizenship: Diversity, Resilience, and a Shared Future

Minister Lena Metlege Diab, in her statement launching Citizenship Week 2025, emphasized Canada’s identity as a multicultural mosaic rooted in Indigenous histories and a commitment to reconciliation. She highlighted the courage of newcomers and the collective responsibility of Canadians to uphold the rights and dignity of those who choose to make Canada their home. Drawing from her own experience as a Lebanese Canadian and daughter of immigrants, she underscored the importance of immigration in strengthening the nation. Minister Diab encouraged Canadians to participate in public citizenship ceremonies and engage in civic activities, such as volunteering, voting, and learning official languages, affirming shared Canadian values. She welcomed new citizens, acknowledging their resilience and contributions as vital to Canada’s future. (Source)

Provincial Nominee Program (PNP) Draws

These PNP draws reflect the ongoing efforts of British Columbia and Manitoba to address specific economic and labor market requirements through targeted immigration strategies.

British Columbia Provincial Nominee Program (BC PNP)

Skills Immigration Draw – May 8, 2025

 

On May 8, 2025, the BC PNP issued 94 invitations to apply (ITAs) under the Skills Immigration stream, targeting candidates expected to make a high economic impact in British Columbia. The invitations were distributed as follows:

 

  • 47 candidates with a minimum wage of $105/hour, currently working full-time in B.C. for their supporting employer, and holding a job offer in NOC TEER 0 or 1.
  • 47 candidates with a minimum score of 150 points.

 

These draws are part of the province’s strategy to prioritize applicants who can contribute significantly to B.C.’s economy. 

 

Entrepreneur Immigration Draw – May 28, 2025

 

On May 28, 2025, the BC PNP conducted a draw under the Entrepreneur Immigration stream:

 

  • Base Category: 9 invitations issued with a minimum score of 115.
  • Regional Pilot: Fewer than 5 invitations issued with a minimum score of 123.

 

These draws aim to attract entrepreneurs who can establish businesses in B.C., particularly in regional communities. (Source)

Manitoba Provincial Nominee Program (MPNP)

Expression of Interest (EOI) Draw #246 – May 29, 2025

 

Manitoba held its 246th EOI draw on May 29, 2025, focusing on the Skilled Worker Overseas stream:

 

  • Total Letters of Advice to Apply (LAAs) Issued: 30
  • Minimum Ranking Score: 606
  • Express Entry Candidates: 5 of the 30 LAAs were issued to candidates with valid Express Entry profiles and job seeker validation codes.

 

This draw targeted candidates who were directly invited under a strategic recruitment initiative, emphasizing Manitoba’s commitment to attracting skilled workers aligned with the province’s labor market needs. (Source)

Recent Case Law

Loyola Vendrell v. Canada (Citizenship and Immigration), 2025 FC 942

Issue: Judicial review of IRCC’s refusal of a Temporary Resident Permit (TRP) under the Ministerial Instructions for victims of family violence.

Facts: The Applicant, a Mexican citizen, suffered severe and prolonged physical, emotional, psychological, and financial abuse from her Canadian spouse. IRCC refused her application for a TRP, determining she was no longer experiencing family violence and her status was not dependent on her abuser.

Court Findings:

  • The Officer’s finding of no ongoing abuse was unreasonable, neglecting evidence of continuing psychological abuse, stalking, threats, and coercive control.
  • The Officer incorrectly applied Ministerial Instructions, mistakenly concluding that physical violence alone defines ongoing abuse.
  • The Court emphasized the importance of understanding domestic abuse in all its forms.

Outcome: Application granted. Decision remitted to a different IRCC officer for redetermination.

Why This Case is Important: Clarifies that family violence includes psychological abuse and coercive control. Highlights proper interpretation of Ministerial Instructions for TRPs and the comprehensive assessment required for family violence cases.

Patel v. Canada (Citizenship and Immigration), 2025 FC 947

Issue: Refusal of Temporary Resident Visa (TRV) due to alleged insufficient evidence regarding financial assets and doubt regarding temporary visit intent.

Facts: The Applicant, a business owner from India, applied for a TRV sponsored by his brother to attend his niece’s birthday in Canada. IRCC rejected the application, citing unclear sources of funds and questioning the temporary nature of the visit without elaboration.

Court Findings:

  • While concerns regarding ambiguous financial documentation were reasonable, the Officer’s conclusion on temporary stay was unjustified and lacked explanation.
  • The Officer provided no rationale to question temporary intent, despite clear familial event evidence.

Outcome: Judicial review granted; IRCC’s decision quashed.

Why This Case is Important: Emphasizes IRCC’s obligation to articulate reasons clearly, especially in assessments involving the temporary intent of family visits, preventing arbitrary decision-making.

Madu v. Canada (Citizenship and Immigration), 2025 FC 955

Issue: Refusal to extend a study permit due to the Applicant’s inadmissibility and the absence of a valid Temporary Resident Permit (TRP).

Facts: The Applicant, a Nigerian citizen, overstayed in Canada, becoming inadmissible. Despite receiving temporary permits previously, IRCC refused the extension because no valid TRP was held at the time of application.

Court Findings:

  • IRCC’s refusal was reasonable; the Applicant had a duty to apply correctly for the necessary permit (TRP).
  • The Officer had no obligation to correct the Applicant’s error regarding the nature of the application.

Outcome: Judicial review dismissed.

Why This Case is Important: Clarifies applicants’ responsibility to comply precisely with IRCC procedural requirements, confirming that immigration officers are not required to rectify applicants’ procedural errors.

Ameh v. Canada (Citizenship and Immigration), 2025 FC 960

Issue: Judicial review of a refusal of a study permit based on inadequate financial evidence and strong family ties in Canada indicating incentives to stay in Canada. 

Facts: Applicant, from Nigeria, provided limited financial documentation and had a brother in Canada. IRCC cited financial insufficiency and significant family ties as reasons to doubt departure intentions.

Court Findings:

  • The Officer reasonably concluded financial self-sufficiency was insufficiently demonstrated.
  • Officer’s failure to explicitly mention Applicant’s spouse and children remaining in Nigeria did not render the decision unreasonable.

Outcome: Judicial review dismissed.

Why This Case is Important: Reinforces IRCC’s discretion in assessing financial and familial evidence. Highlights that IRCC need not explicitly weigh every factor provided if overall reasoning remains transparent and justified.

Akram v. Canada (Citizenship and Immigration), 2025 FC 963

Issue: Judicial review of IRCC’s refusal of a study permit due to perceived lack of logical academic progression.

Facts: Applicant, holding a Mechatronics Engineering degree, applied to a vocational training program in Canada, detailing practical career benefits. IRCC refused, citing illogical progression without properly addressing Applicant’s detailed study plan.

Court Findings:

  • IRCC’s decision was unreasonable. The Officer ignored clear and detailed reasoning provided by the Applicant, which demonstrated logical career progression.

Outcome: Judicial review allowed; decision quashed and remitted for reconsideration.

Why This Case is Important: Affirms officers’ duty to carefully evaluate the detailed explanations in applicants’ study plans and underscores the need for transparent reasoning in refusals based on academic progression.

Basra v. Canada (Citizenship and Immigration), 2025 FC 961

Issue: Judicial review of a study permit refusal citing inadequate proof of financial support.

Facts: Applicant presented financial documentation demonstrating sufficient funds for study through liquid assets, prepayments, and parental support. IRCC refused citing insufficient evidence.

Court Findings:

  • Officer’s decision was unreasonable and lacked intelligible reasoning.
  • The Applicant adequately demonstrated funds consistent with IRCC’s requirements, but IRCC failed to acknowledge or clearly explain the rejection.

Outcome: Judicial review granted; refusal quashed and matter remitted.

Why This Case is Important: Clarifies IRCC’s obligation to transparently and thoroughly evaluate financial documentation. Highlights judicial expectations for clarity in officers’ reasoning.

Ikpefan v. Canada (Citizenship and Immigration), 2025 FC 962

Issue: Refusal of study permit based on insufficient financial evidence and unclear study plan.

Facts: Applicant’s financial evidence showed unexplained deposits and limited information on fund origins. IRCC rejected the application due to these unresolved financial concerns, alongside a questioned study plan.

Court Findings:

  • Officer’s financial concerns were justified due to insufficient documentation and unexplained deposits.
  • Despite potential issues with the study plan assessment, financial insufficiency alone justified refusal under IRPR Regulation 220.

Outcome: Judicial review dismissed.

Why This Case is Important: Highlights strict compliance required under financial regulations for study permits, reinforcing stringent evidentiary requirements for demonstrating financial resources.

Erroa de Elias v. Canada (Citizenship and Immigration), 2025 FC 967

Issue: Refusal of humanitarian and compassionate (H&C) permanent residence application due to perceived lack of extraordinary hardship or establishment.

Facts: Applicant had extensive establishment in Canada, caring for family, community involvement, and health issues. IRCC minimized these factors, citing they were not extraordinary.

Court Findings:

  • Officer wrongly applied an implicit requirement that the circumstances must be extraordinary.
  • Court emphasized the need to assess humanitarian and compassionate grounds holistically, considering overall hardship and establishment rather than exceptional circumstances alone.

Outcome: Judicial review granted; decision remitted for reconsideration.

Why This Case is Important: Clarifies the holistic assessment requirement for H&C applications without needing to meet an exceptional threshold, ensuring IRCC considers cumulative compassionate factors.

Singh v. Canada (Citizenship and Immigration), 2025 FC 976

Issue: Refusal of TRV based on allegedly insufficient financial support and questioned temporary intent without adequate explanation.

Facts: Applicant intended a brief stay for a professional conference and family visit, provided substantial financial documentation. IRCC questioned funds’ origin and visit purpose without elaboration.

Court Findings:

  • Officer failed to engage substantively with evidence provided, inadequately justified refusal based on financial sufficiency and temporary intent concerns.
  • The Court rejected IRCC’s supplementary arguments, requiring transparent decision-making from the initial assessment.

Outcome: Judicial review allowed; IRCC decision quashed.

Why This Case is Important: Reinforces officers’ obligation to provide explicit, justified reasoning for TRV refusals, emphasizing transparency in decisions concerning temporary stay intent and financial evidence.

Sources For This Edition

For comprehensive legal analysis or strategic case support, contact Greenberg Hameed PC.

The content of this bulletin is for informational purposes only, and is not intended to provide or be relied on as legal advice.

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