On March 31, 2015, the Quebec Superior Court rendered a
declaratory judgment (Stasenco c. Quebec, 2015 QCCS 1769) to the effect that a candidate
applying for a Quebec Selection Certificate ("QSC") in
the Skilled Worker category had to be assessed in accordance with
the criteria applicable to that category at the time of the
submission of the application, rather than on the basis of any
modified criteria that had been established thereafter. The
decision is of significance to potential employees and over 50,000
applicants who applied for a QSC prior to August 1, 2013 when the
new selection criteria that may impact their applications came into
The Applicant for the declaratory judgment made her application
for a QSC in April 2013, at which time she filled out forms
containing a clear statement to the effect that her application
would be assessed in accordance with the regulations applicable at
the time of submission. Shortly after the Applicant made her
application, the requirements pertaining to language proficiency
were raised by way of two amending regulations enacted by the
Government of Quebec and the Minister of Immigration and Cultural
Communities and Minister responsible for the Charter of the French
Language (the "Minister"). The Applicant, whose chances
for being selected for an interview prior to these changes were
allegedly excellent, was thus rendered unlikely to succeed in her
Reflecting on the undertaking of the Minister – as per the
statements printed in the official immigration forms which the
Applicant had filled out – the Court ruled that a promise
had, indeed, been made and that the doctrine of promissory estoppel
applied. The Applicant had, in effect, made her application in
reliance on the Minister's promise, paying the requisite fees
and even engaging a lawyer to assist her with certain steps of the
application process in order to ensure its success. Her application
was expected to be reviewed in accordance with the criteria in
force at the time when it was made.
The Court rejected representations made by the government of
Quebec that the alleged promise had not been authorized. The fact
that the new criteria were envisaged to apply only to those
applications the preliminary processing of which had not yet begun
also failed to save the government's position.
The decision lends security and stability to the immigration
process, and preserves the rights of qualified skilled workers who
may have been impacted by frequently changing selection criteria.
For retailers looking to hire skilled workers, this means greater
certainty of outcome with respect to pending applications which
might have been affected by ever changing immigration norms.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).