I have repeatedly said in the past year or so that in my many years as a Canadian immigration lawyer, I have not seen so many changes to our immigration program in so short a period of time as in 2024 and 2025. As the changes have taken effect, we are now seeing the outcomes on applicants. Let’s review some of the most significant effects on immigration processing and the implications.
Delayed processing times
Many application types, particularly those applications made in Canada, are experiencing increased delays for processing. Work permit applications in Canada are now taking 7-8 months to be processed (the posted time as of today is 218 days). With reduced levels for temporary permits, applications are not being processed resulting in applicants waiting longer periods of time for their permits, if they are even approved! Consequences of such inaction result in driver’s licences and medical coverage expiring. Students often can’t commence their programs of studies. Be prepared for this and plan ahead!
High Rates of Refusals
Refusal rates have gone through the roof and often for trivial matters, or worse, due to blatant error by the officer. Immigration officers have taken the potent message of the reduced levels plan to heart and are refusing applications far more frequently. The use of Artificial Intelligence (AI) does not assist in this process where decisions are frequently made quickly and without regard to the evidence included but, rather, based upon general metrics programmed into the algorithms to evaluate applications. When applications are refused there are few options: reapply or litigate. In either case the result is a higher caseload both for Immigration, Refugees and Citizenship Canada (IRCC) when applicants simply re-apply or the Federal Court when applicants choose to litigate for resolution. Reviewing the reasons for refusals can provide great insight – officers are asking for more and more evidence to support applications which again, adds to lengthier processing times.
Increased applications to Federal Court
With refusal rates increasing, lawyers do what they are trained to do – they litigate on behalf of their clients. The Federal Court case load has increased dramatically in this post COVID world of decreased IRCC resources and increased or steady application rates. The Chief Justice of the Federal Court has made public statements revealing that the Court does not have the capacity to hear the volume of immigration cases that they are receiving. (The Federal Court has exclusive jurisdiction to review immigration decisions and immigration cases constitute the majority of the caseload before the Court). Not surprisingly judicial review applications to the Federal Court are taking considerably longer to be determined meaning that applicants face increased wait times in order to obtain legal recourse.
In this harsh new Canadian immigration reality, here are some tips for success:
- Plan ahead and start early. Six months (or even earlier) is not to soon to start planning or applying for your immigration future – whether temporary or permanent.
- Save ALL copies of ALL applications YOURSELF! Don’t rely on your immigration professional. Online applications mean that forms are uploaded and go into IRCC cyberspace. Be sure to have screenshots of everything submitted whether prepared by yourself or by your immigration professional.
- Engage competent counsel to assist you. With greater delays and higher refusal rates, this is not the time to be penny-wise and pound-foolish. Do your homework before you engage the services of an immigration representative to assist you.
- STRATEGY! STRATEGY! STRATEGY! In tough times, you need to develop a strategy that will work for your immigration goals.
- Be realistic! As I have stated before, the current situation is simple arithmetic: Reduced immigration levels + Continued immigration applications = Lengthier processing times. In many circumstances, you won’t be able to qualify for Canadian permanent residency even if you are able to keep working for many years.
Over the past few years, the Canadian immigration landscape has changed at an unprecedented rate. Program promises of the past are no longer the current reality. This rather hostile immigration environment is expected to continue for the next few years. TRANSLATION – it’s going to get worse before it gets better! (For a sense of what’s coming next, read our previous blog about the spectre of Bill C-12! – Bill C-12: Do we really need it to manage immigration in Canada?) Intrepid aspiring Canadian immigrants need to be well prepared to ride out this new reality.
