Weekly Immigration Briefing

Dates Covered: February 01–08, 2026

This week’s Canadian immigration developments reflect a tightening focus on decision-making quality, procedural fairness, and system integrity. Federal Court jurisprudence continues to scrutinize unsupported refusals, conclusory reasoning, and failures to meaningfully engage with evidence—particularly in study permits, Start-Up Visa work permits, misrepresentation findings, and H&C assessments involving the Best Interests of the Child (BIOC). On the policy front, Parliament advanced Bill C-12, while IRCC issued substantial operational clarifications affecting PAL/TAL study permits and Open Work Permits for Vulnerable Workers. Provincially, Manitoba, New Brunswick, and Nova Scotia implemented significant program adjustments aligned with labour market priorities and system modernization.

Case Law Trends

Courts this week reinforced that reasonableness requires an intelligible chain of analysis, not mere conclusions. Officers must weigh key evidence, explain credibility and weight, and avoid importing unsupported requirements.

Key Decisions

• PGWP / Status Restoration – Kaur v. Canada, 2026 FC 173
  Restoration under R182 is limited to the same status previously held. Restoration from worker to student was unavailable. JR dismissed.

• Start-Up Visa Work Permit – Bhargava v. Canada, 2026 FC 165
  Officer ignored Commitment Certificate and Letter of Support, imposed an unsupported business-plan requirement, and failed to assess long-term compliance abroad. JR granted.

• C11 Work Permit – Azad v. Canada, 2026 FC 158
  Court deferred to officer on business viability and temporary intent. JR dismissed.

• Humanitarian & Compassionate – Cerda v. Canada, 2026 FC 161
  Failure to assign weight to BIOC and conduct a proper global assessment; key family evidence overlooked. JR granted.

• Temporary Resident Visa – Tajik v. Canada, 2026 FC 121
  Updated evidence considered; reasons responsive on purpose of travel and finances. JR dismissed.

• Misrepresentation (TFWP) – Nguyen v. Canada, 2026 FC 155
  Officer ignored contradictory records and treated an inadvertent error as material, imposing a five-year bar. JR granted.

• Start-Up Business WP – Alipourmonazah v. Canada, 2026 FC 146
  Conclusory findings on “significant benefit” and ties abroad; no rational analysis. JR granted.

• Study Permit – Bista v. Canada, 2026 FC 128
  GCMS notes were generalized, misstated facts, and failed to engage with the applicant’s purpose and evidence. JR granted.

• Start-Up Visa (PR) – Entezamfar v. Canada, 2026 FC 141
  Procedural fairness breached where PFL was not sent to counsel; refusal based on factual error. JR granted.

Parliamentary Update

Parliament of Canada – Bill C-12

Strengthening Canada’s Immigration System and Borders Act advanced on February 5, 2026. The Senate completed second reading and referred the bill to the Standing Senate Committee on National Security, Defence and Veterans Affairs, with Parts 5–8 to be separately studied by the Standing Senate Committee on Social Affairs, Science and Technology. Final committee reports are due February 24, 2026, after which the bill proceeds to third reading.

Read more

IRCC Policy & Operational Updates

Immigration, Refugees and Citizenship Canada – Study Permits (PAL/TAL)

February 6, 2026 guidance clarified:

• 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

• Updated 2026 sample attestation letters

Read more

Open Work Permits for Vulnerable Workers (R207.1)

Revised instructions (February 6, 2026) provide clearer officer guidance on:

• Abuse thresholds and evidence (including missing or extrinsic evidence)

• Supporting documents and procedural fairness

• Interviews and medical exams
  Key changes include no POE or outside-Canada applications, removal of the 5-day contact requirement, and updated refusal/IME procedures.

Read more

Provincial Program Developments

Manitoba Provincial Nominee Program (MPNP)

Effective February 4, 2026, the Temporary Resident Retention Pilot (TRRP) updated sector eligibility:

• Hospitality and Food Services removed

• Additional skilled trades occupations added
  Changes align eligibility with current labour market needs.

Read more

New Brunswick – AIP & Provincial Streams

As of February 3, 2026:

• AIP endorsements move to a monthly candidate pool (not first-come)

• Unselected files expire after 365 days

• New employer designations paused

• No consideration for NAICS 72 accommodation/food services and specified retail/customer service and food/fish processing roles

• Overseas recruitment limited to GNB-led initiatives (health care, education, construction)
  Applies across AIP, Skilled Worker, and Express Entry.

Read more

Nova Scotia Nominee Program (NSNP)

• Portal closure: February 13–18, 2026

• In-progress EOIs must be submitted by February 13

• Streams consolidated from 10 to 4; forms updated

• Eligibility and priority selection (Healthcare, Construction, Manufacturing) unchanged

• Existing EOIs/applications continue processing; AIP unaffected

Read more

Updated Forms & Checklists

• IMM 5670 – Sponsorship Undertaking & Settlement Plan (Groups of Five)

• IMM 5663 – Sponsorship Undertaking & Settlement Plan (Community Sponsor)

Latest Express Entry & PNP Draws

During the first week of February 2026, Immigration, Refugees and Citizenship Canada (IRCC) and several provinces issued a high volume of invitations across both federal and provincial immigration streams, reflecting continued reliance on targeted selection.

At the federal level, Express Entry saw a significant French-language proficiency draw on February 6, 2026, issuing 8,500 Invitations to Apply (ITAs) with a minimum CRS score of 400, underscoring Canada’s ongoing commitment to Francophone immigration outside Quebec. Earlier in the week, a Provincial Nominee Program (PNP)–only Express Entry draw issued 423 ITAs with a higher minimum CRS score of 749, consistent with nomination-based selection.

On the provincial side, multiple provinces conducted targeted rounds:

• Alberta issued 915 invitations under the Alberta Opportunity Stream, with a notably low minimum score of 57, continuing its focus on retaining workers already established in the province.

• British Columbia invited 429 candidates through its Skills Immigration categories, with a minimum score of 138.

• Ontario conducted several Employer Job Offer draws across Foreign Worker, International Student, and In-Demand Skills streams, including targeted rounds for physicians, health occupations, and early childhood educators, issuing over 1,800 invitations in total across different categories.

• New Brunswick issued invitations under both the Express Entry Stream and the Strategic Initiative, selecting 326 candidates combined, with no minimum score disclosed.

Overall, these draws highlight a continued trend toward occupation-specific, regional, and language-based selection, with provinces actively using nomination programs to address localized labour shortages while IRCC advances broader federal priorities through Express Entry.

Important Upcoming Dates

• February 28, 2026 – Temporary Public Policy for Iranian nationals in Canada ends

• March 31, 2026 – CUAET temporary public policy expires

• March 31, 2026 – Northwest Territories Nominee Program work-permit eligibility extension expires

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