February 24, 2024

Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) do review the information provided in an applicant’s submission and cross-reference it with their social media and public profiles. Any disparities between the details furnished in the application and those found online may serve as grounds for refusal.

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In a recent case in Canadian federal court, an individual applied for permanent residency as a skilled worker. The reviewing visa officer noted that the applicant omitted mentioning his association with a specific company in the application. However, the company’s website identified him as its Executive Chairman. Upon checking the applicant’s LinkedIn profile, it was indicated that he served on the company’s board.

Despite offering the applicant an opportunity to clarify the inconsistency, the officer determined the individual as inadmissible to Canada for material misrepresentation. The explanation provided by the applicant regarding the online information about his involvement with the company was deemed inadequate.

For Canadian immigration applicants, their online presence, or lack thereof, can serve as evidence of the accuracy or inaccuracy of their application.

The Significance of Avoiding Misrepresentation

A finding of misrepresentation is grave and challenging to overcome. Immigration officials rigorously address misrepresentation, which could lead to application rejection.

Misrepresentation on immigration applications can lead to severe repercussions beyond application refusal. According to IRCC, in response to falsified documents or information, IRCC may:

  • Bar entry into Canada for a minimum of 5 years;
  • Maintain a permanent record of fraud;
  • Revoke permanent resident status or Canadian citizenship;
  • Initiate criminal charges; or
  • Deport from Canada.

Immigration forms and applications often pose complexity and confusion. Despite an applicant’s cautiousness, innocent misrepresentations may occur. Unfortunately, innocence typically does not serve as a defense against misrepresentation.

Applicants must ensure the submission of entirely accurate and comprehensive information. It’s advisable to thoroughly review all details provided to ensure accuracy and consistency throughout the application.

The key to averting misrepresentation is disclosing all pertinent information, even if it may negatively impact the approval prospects. Addressing potential issues directly in the application and providing supporting documentation to explain them is preferable.

Furthermore, it’s crucial for applicants to promptly inform IRCC of any changes while their application is under processing. This includes personal updates such as marital status changes or alterations in employment or education. Failure to notify IRCC could lead to assumptions of misrepresentation.

Avoiding misrepresentation in immigration applications is vital for a successful process. Seeking professional assistance, such as consulting an immigration lawyer, is recommended as they can ensure the accuracy of the application and compliance with all legal requirements.

If you have any questions or need further guidance, don’t hesitate to reach out to us.

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February 15, 2024

Effective immediately, international students enrolled in master’s programs lasting less than two years now qualify for a three-year post-graduation work permit (PGWP).

Previously, PGWP duration was tied to the length of the study program. However, recognizing the potential of master’s students in Canada’s job market, Immigration, Refugees and Citizenship Canada (IRCC) has expanded eligibility for these students to receive extended work permits.

While PGWP durations for students in programs other than master’s level will still align with program lengths, up to a maximum of three years, students enrolled in PGWP-eligible designated learning institutions (DLIs) – the only institutions authorized to accept international students in Canada – for programs lasting at least two years are also entitled to the extended three-year PGWP.

In the coming weeks, IRCC will also adjust rules for spousal work permits for international students at the undergraduate level. This change will restrict spousal work permit eligibility to only spouses of master’s and doctoral level students, with no impact on spousal open work permits for spouses or conjugal partners of Canadian citizens or permanent residents.

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What are the PGWP eligibility criteria?

To qualify for a PGWP, international students must:

  • Have completed a program of study lasting at least eight months at an eligible DLI;
  • Have pursued a degree, diploma, or certificate program;
  • Maintained full-time student status throughout each academic session, as evidenced on the PGWP application (with certain exceptions);
  • Obtained a transcript and official confirmation from the DLI of meeting program requirements, both of which must accompany the PGWP application;
  • Graduated from a public post-secondary institution, including colleges, trade schools, universities, and others as listed, or from a private institution authorized to award degrees under provincial law, provided the student was enrolled in a qualifying degree program as authorized by the province.

If you have any questions or need further guidance, don’t hesitate to reach out to us.

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Note: Starting September 2024, students enrolled in programs using a curriculum licensing framework will no longer be eligible for PGWP applications.

February 3, 2024

Following the announcement by Immigration, Refugees, and Citizenship Canada (IRCC) on January 22nd, the department has now established a cap on the total number of study permit applications it will consider throughout 2024.

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As outlined in ministerial instructions from IRCC, a maximum of 606,250 study permit applications will be taken into consideration in 2024. This cap is distinct from the one previously mentioned on January 22nd, which specifically pertained to approved study permit applications (set at 360,000).

These new instructions focus on the total number of applications that IRCC will review in 2024. Over the next 11 months, the department will process up to 606,250 applications, irrespective of the final decision on each application.

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Additionally, the instructions note that this cap on study permits may be subject to amendment in line with subsequent instructions from the minister. This suggests that if the 360,000 approved application cap is not met within the processing limit of 606,250 applicants, the minister may adjust the latter number accordingly.

Comparison with 2023: In 2023, Canada approved 579,075 study permit applications out of a total of 814,317 processed applications between January and November. This yielded an approval rate of 71%. The limits set for 2024 represent significant reductions in both processing and approvals for study permit applications.

Implementation of the New Study Permit Cap: The cap on study permit approvals (360,000) will be distributed among Canada’s provinces, weighted by their respective populations. Ontario, Quebec, and British Columbia, being the three most populous provinces, are expected to receive the highest study permit allocations.

This policy will be executed through attestation letters, requiring applicants to have a Letter of Acceptance (LOA) from their designated learning institution (DLI) and an attestation letter from the province where the DLI is located. Attestation letters, according to ministerial instructions, must be provided by the provincial/territorial government and include the applicant’s full name, date of birth, and address.

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