By Catherine Sas, K.C.
Special to The Post

There is a palpable smell of panic in the air for prospective immigration applicants in Canada – including foreign workers, international students, refugee claimants in Canada, and prospective permanent residents, particularly for those individuals who have been in Canada for several years. The immigration levels plan introduced in November 2024 changed the tide of what seemed to be ever increasing rates of both temporary and permanent immigration to Canada. Eventually the Canadian government realized that in the post pandemic world, there were far too many temporary residents in Canada who expected to become permanent residents, so they imposed reduced thresholds for foreign workers, international students, and prospective immigrants. Now, those who have been in Canada for several years are faced with no opportunity to extend their status or obtain permanent residency. This aura of desperation is leading to an abundance of applications that in many cases have absolutely no chance of success and for others are clogging the system with the practical reality that they also won’t have any chance of success given the extraordinarily long processing times. It’s time to take a hard look at what is taking place in Canada’s immigration system so that applicants can make informed decisions that are in their best interests, practically and financially.

Everywhere you turn, there are stories of the immigration system being overwhelmed. IRCC is being inundated with applications for work permit extensions and humanitarian and compassionate (H and C) applications that it simply can't process in a reasonable time frame. Processing times for a work permit application is now taking 6-7 months. There is a backlog of over 50,000 H and C applications with an anticipated processing time of 10+ years (https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html). Economic immigrants who can’t renew their work permits or qualify for permanent residence are being advised to file H and C applications to remain in Canada even though there is no real legal basis for these applications to succeed. Prior to the SUV program being formally closed on December 31, 2025, a backlog of cases had been amassed such that there is a processing period also in excess of 10 years. When IRCC can’t handle demand, their default reaction is to close the program and further reduce immigration targets to disincentivize people from applying (https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/immigration-measures-entrepreneurs.html).

Similarly, the Federal Court is overwhelmed. A recent announcement from the Federal Court dated June 26, 2026, provided Consolidated Practice Guidelines for lawyers (https://www.fct-cf.ca/en/pages/media/news-bulletins/consolidated-practice-guidelines-for-citizenship-immigration-and-refugee-protection-proceedings). Of interest is the section entitled “CONTEXT” where the court advises that new immigration cases have increased for five straight record-breaking years on target to exceed 30,000 new files for 2026 and at a rate of five times the average filing volume before COVID 19. The result is that every step of the process takes longer - which means that effectively applicants can’t obtain the justice they are seeking. The Court simply doesn’t have the resources to process and hear all of the cases. Not all refused decisions warrant proceeding to the Federal Court. As our title suggests - just because you can file a judicial review application doesn’t mean that you should.  Furthermore, a federal court application is an expensive process. Rather than allocate your resources towards a process that has no or minimal chance of success, applicants may be better advised to determine an alternative strategy.

Not all immigration professionals provide advice that is in the best interests of the people that are seeking their guidance. We routinely see clients in our immigration office that have taken steps that while possible are not going to lead to a probable positive outcome. The old adage "desperate times call for desperate measures・ is relevant but not necessarily advisable. A recent Toronto Star article covered the plethora of "sham" work permit applications where people are being advised by immigration professionals to file work permit extension applications simply to be able to continue to work in Canada knowing that there is no legal basis for them to obtain another work permit but with the understanding that it can buy them some additional time in the country in the hopes that there will be a magic solution in the intervening months between the time of application and the time of refusal (https://www.thestar.com/news/canada/desperate-temporary-residents-in-canada-are-using-this-tactic-to-extend-their-stays-it-may-no-longer-work/article_8a6a0247-c212-476d-a897-000dcd7da533.html?utm_medium=social&utm_source=copy-link&utm_campaign=user-share). The words of the immigration lawyer interviewed, Lou Janssen Dangzalan, are very well said “Sometimes your best strategy is to retreat. A retreat is not defeat”. The education and work experience that has been obtained in Canada doesn’t go away. Returning home and developing another strategy to return to Canada in a more hospitable immigration environment may be your best option - practically, fiscally, emotionally and mentally. Fighting to stay in Canada at all costs may be a viable option - but it doesn’t mean that it is the BEST option!

Please refer to our other recent blogs on these subjects:

・ The Summer of Immigration Discontent: Troubling times for aspiring Canadian immigrants (https://canadian-visa-lawyer.com/the-summer-of-immigration-discontent-troubling-times-for-aspiring-canadian-immigrants/)

・ Baby it's cold out there・.and it's going to get colder! Why the Humanitarian and Compassionate application is not always the answer. (https://canadian-visa-lawyer.com/baby-its-cold-out-there-and-its-going-to-get-colder-why-the-humanitarian-and-compassionate-application-is-not-always-the-answer/)

The Repercussions of Immigration Program Changes- 2025 in review and what's in store for 2026 (https://canadian-visa-lawyer.com/the-repercussions-of-immigration-program-changes-2025-in-review-and-whats-in-store-for-2026/

Catherine Sas, K.C. has over 35 years of legal experience. She provides a full range of immigration services and is a leading immigration practitioner (Lexpert, Who’s Who Legal, Best Lawyers in Canada). Go to canadian-visa-lawyer.com or email catherine@sasanding.com