Weekly Immigration News Review & IRCC Updates December 9 – 15  2024 

Lev Abramovich

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A founding partner of Abramovich Immigration Law and a skilled litigator, Lev focuses exclusively on immigration and refugee law. His immigration practice is focused on complex corporate and personal immigration and refugee law matters.

Weekly Immigration News Review & IRCC Updates December 9 – 15  2024 

Abramovich Immigration Law offers detailed weekly analyses of immigration policy developments, delivering actionable insights in a clear and accessible manner. Be sure to follow us to stay updated on essential changes in Canadian immigration legislation and policies.

Canada considers asylum system changes amid concerns over Safe Third Country Agreement

Federal Immigration Minister Marc Miller is exploring potential reforms to Canada’s asylum system to address concerns about individuals exploiting the Safe Third Country Agreement. This agreement enables Canada and the United States to turn away asylum seekers who cross unofficial borders within a 14-day window. Previously, it applied only to official entry points. Critics, including immigration lawyers and refugee advocates, argue that the new rules have pushed people into dangerous situations, compelling them to rely on human smugglers and stay hidden until they can legally claim asylum. While Miller believes the agreement is functioning adequately, he acknowledges the necessity of reform to prevent its misuse, with discussions on the 14-day rule also on the table. 

The Safe Third Country Agreement (STCA) is a pivotal element in Canada’s immigration landscape, designed to streamline the process of claiming asylum between Canada and the United States. It mandates that refugees seek asylum in the first safe country they enter. This means that individuals arriving in Canada from the U.S. at official border crossings are typically turned away unless they meet specific exemptions. However, this agreement has faced criticism for pushing asylum seekers to make dangerous crossings at unofficial points in search of refuge. As discussions about potential reforms to this agreement unfold, it is crucial for those affected to stay informed about their rights and options. At Abramovich Immigration Law, we specialize in providing expert guidance on immigration processes, ensuring that our clients are informed and empowered to make strategic decisions regarding their asylum claims

New regulations impact international students’ ability to bring dependants to Canada

Recent regulatory changes in Canada have raised significant concerns for international students regarding their ability to bring family members while pursuing their studies. To curb migration, Canada has restricted the eligibility for open work permits for dependants, allowing only spouses and partners of students enrolled in master’s, doctoral, or professional programs of 16 months or longer. This revised policy contrasts starkly with previous regulations. It aligns with similar changes in other destinations like France and the UK, where the rules governing dependants have also become more stringent. As a result, students are increasingly evaluating their choices based on educational quality and familial considerations, making it imperative for educational institutions to understand these shifts.

The implications of such changes are profound for both students and host countries. The presence of family can play a vital role in enhancing a student’s emotional well-being and stability, directly affecting their academic success and integration into the community. Research indicates that the longer students remain abroad, the more crucial it becomes to have their families with them, especially to combat feelings of loneliness, isolation, and culture shock. Unfortunately, restrictive policies can deter prospective students from choosing Canada as their study destination, potentially leading to a decline in enrolment from key markets such as Nigeria and India. As the landscape evolves, institutions must consider how these regulations affect student choice and address the growing demand for family-inclusive study opportunities to remain competitive in the global education market. 

Vancouver tops North America in Mercer’s 2024 Quality of Living Rankings

Vancouver has made headlines by securing the 7th position in Mercer’s Quality of Living City Ranking for 2024, marking it the highest-ranked city in North America. This distinction is a testament to the city’s excellence across several key factors, including healthcare, education, infrastructure, and environmental sustainability. Other Canadian cities also showcased strong performances, with Toronto in 13th place, followed by Ottawa and Montreal at 20th, and Calgary ranking 25th. Collectively, these rankings solidify Canada’s image as a nation prioritizing quality of life, making it an attractive place for residents and newcomers. 

Mercer’s Quality of Living rankings highlight cities that excel in providing high living standards and appealing environments. The evaluation considers several critical factors, such as housing availability, recreational opportunities, sociocultural vibrancy, travel convenience, traffic management, air quality, access to education, political stability, and healthcare services. Vancouver’s impressive ranking not only underscores its commitment to enhancing the well-being of its residents but also reflects the ongoing investment in infrastructure and community services that contribute to an enriching urban experience. As cities compete to attract talent and investment, these rankings can serve as a vital indicator of a city’s overall desirability and livability.

Rising entry wages for new immigrants reflect the success of Canada’s economic immigration policies  

Statistics Canada has announced a promising trend for newcomers entering the Canadian workforce, reporting a 6.7% increase in entry-level wages from 2021-2022. The median entry wage for new immigrants reached $42,900, contrasting sharply with a 1.6% decline in real wages experienced by the broader Canadian population. This rise highlights the efficacy of Canada’s economic immigration programs in attracting skilled workers who are poised to make significant contributions to the economy. Notably, the data indicates varying wage trajectories depending on the immigration pathway, with immigrants under the Federal Skilled Worker Program (FSWP) and the Federal Skilled Trades Program (FSTP) enjoying the most substantial wage growth.

While the overall trend suggests increased earning potential for newcomers, disparities emerge based on specific immigration streams. For example, those in the Canadian Experience Class (CEC) saw their wages decrease sharply, from $68,300 in 2021 to $56,400 in 2022, attributed to the influx of lower-scoring candidates during the pandemic. Similarly, business program entrants experienced a drop from $27,600 to $24,500. Conversely, caregivers and provincial nominees experienced stable or marginal increases in earnings, with caregiver wages rising slightly from $35,200 to $35,400 and provincial nominees seeing a modest increase from $47,600 to $47,700. Overall, the FSWP and FSTP showcased the most significant advances, boosting entry wages from $52,000 to $56,400, underscoring the positive impact of targeted immigration policies on attracting a skilled workforce.  

Federal courts grapple with immigration backlog amid budgetary crisis 

In response to escalating immigration case filings, Federal Justice Minister Arif Virani is poised to meet with chief justices from Canada’s four federal courts to discuss urgent budgetary constraints threatening their operations. The courts face a projected 50% increase in immigration filings this year, particularly in populous cities like Toronto, Montreal, and Vancouver, creating an unprecedented strain on resources. With the Federal Court expecting to manage about 24,000 immigration and refugee cases—44% more than in 2023 and four times above pre-pandemic averages—the Courts Administration Service (CAS) has issued alarming warnings about delays and slow modernization efforts. The escalating case backlog, with almost 500 cases exceeding the mandated 90-day resolution timeframe, significantly diminishes litigants’ access to timely justice.

The implications of this growing backlog for immigration applicants are profound. Lawyers have raised concerns that delays, often extending to 18 months, hinder clients’ ability to secure timely resolutions on essential matters such as refugee hearings and permit applications. Furthermore, with the looming possibility of individuals seeking asylum in Canada due to potential policy shifts in the United States, the situation is expected to worsen. In light of these challenges, Virani’s office emphasizes the need for sustainable solutions, highlighting that addressing judicial vacancies—178 judges appointed since July 2023—is critical. As the government seeks to navigate these pressing issues, the connection between adequate funding, judicial capacity, and justice access remains paramount for the future of Canada’s immigration system.  

Canada’s evolving refugee commitment to Syrians

As celebrations erupted in Damascus over the fall of the long-time dictator Bashar Assad, the reaction in Canada and abroad has been markedly different. As the complexities of refugee integration grow, Canada’s approach to Syrian refugees becomes increasingly relevant. Fifteen European countries, responding to rising anti-immigrant sentiments and pressing backlogs in asylum applications, announced a suspension of asylum requests from Syrian refugees, with discussions about potential deportations emerging in places like Austria. The UK has similarly paused refugee claims from Syria, reflecting a broader trend among European nations struggling to balance social cohesion with the reality of increased illegal migration and rising crime rates linked to these dynamics. 

Canadian Immigration Minister Marc Miller reaffirmed that Canada would continue processing Syrian refugee claims while closely monitoring the situation. Currently, with less than 1,600 pending claims, the flow of Syrian asylum seekers into the country remains manageable. Historically regarded as a humanitarian leader, Canada has welcomed approximately 45,000 Syrian refugees between 2015 and 2020. Now, Canada faces a moment where it must weigh its humanitarian commitments against the prospect of an influx of individuals associated with the Assad regime or those migrating involuntarily. As illegal border crossings from the United States increase, the need for a balanced, thoughtful approach to refugee resettlement under the guidance of Minister Miller is more pressing than ever, highlighting the complexities facing Canada as it navigates these new challenges while striving to maintain its commitment to aid those in need.  

Canada’s international student crisis: a predicted outcome

The current turmoil within Canada’s international student system was not merely unforeseen; it had been explicitly flagged in government documents and audit reports. A 2022 Ontario auditor general’s report highlighted the risks associated with an overreliance on international student fees, emphasizing the potential vulnerabilities that can arise when global circumstances shift. Despite these clear warnings, post-secondary institutions depended on foreign tuition revenue. This reliance was primarily driven by Ontario’s significantly lower per-student funding than other provinces, with Ontario contributing only $11,471 per full-time student—well below the national average of $20,772. This funding disparity has created a substantial financial gap, forcing institutions to seek international enrollment to ensure financial stability.

Ontario boasts the highest number of post-secondary institutions in Canada, so it has naturally borne the brunt of these challenges. According to the Council of Ontario Universities, a decline in international students—who pay tuition fees up to five times higher than Canadian students—could result in revenue losses nearing $1 billion. This financial precariousness raises critical questions about the sustainability of Ontario’s education system. It highlights the urgent need to reevaluate funding models to mitigate the risks of reliance on international student fees.

At Abramovich Immigration Law, we are committed to helping individuals achieve their dreams of immigrating to Canada through comprehensive legal services and personalized support throughout immigration. Our experienced team of immigration lawyers specializes in various pathways, including skilled worker programs, family sponsorship, study permits, and business immigration. We take pride in our meticulous approach, ensuring that all documentation is accurately prepared and submitted while keeping our clients informed at every stage. From the initial consultation to successful immigration, we are dedicated to providing expert guidance on eligibility requirements, application procedures, and settlement services, empowering our clients to embark on their new lives in Canada confidently.

Lev Abramovich

A founding partner of Abramovich Immigration Law and a skilled litigator, Lev focuses exclusively on immigration and refugee law. His immigration practice is focused on complex corporate and personal immigration and refugee law matters.