Canadian Immigration Podcast: Recent Episodes
Mark Holthe
This podcast is all about Canadian Immigration law, policy, and practice. Periodically Canadian immigration lawyer Mark Holthe will address various topics related to the Canadian immigration process. If you are looking for up-to-date information on where the government is going with the latest round of changes, this is the place to come. If you are looking for specific answers, tips to completing IRCC application forms, and other useful information, visit the Canadian Immigration Answers podcast also on iTunes or visit our website at www.holthelaw.com.
What to do when it all goes wrong? A discussion about how to get errors fixed for study permits, work permits, visitor visa or permanent residence. Examples will include what to do when you (the applicant) make a mistake, and what to do when IRCC makes a mistake.
When you make a mistake:
- What can you do if you didn’t understand?
- If you forgot something?
- Can you appeal?
When IRCC makes a mistake:
- How can you contact IRCC to get them to fix it?
- What happens next?
Get in touch with Adrienne Denham Website: www.lebeaulaw.ca
Consult: https://lebeaulaw.ca/immigration-law/
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About our Sponsors - Joorney Business Plans: Joorney Business Plans is the leading immigration business plan writing service provider in Canada. With more than ten years of experience, Joorney has grown to become a trusted partner for immigration consultants and lawyers. Joorney focuses on preparing business plans for ICTs, Startup Visa, Significant Benefit, Self Employed, PNPs, and more.
Their main competitive advantages are reliability, responsiveness, and overall customer service. For those of you who don't yet know about Joorney, ask your colleagues about them, they're amazing, or even better, try out their work. You can visit their website at https://bit.ly/HOLTHEJOORNEY10 and mention you listen to my podcast with the code HOLTHEJOORNEY10 which provides a 10% discount on a first business plan for new lawyers.
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
——
🔺CANADIAN IMMIGRATION INSTITUTE COMMUNITY: https://bit.ly/cii-community
——
Canada Immigration video Do-It-Yourself Courses
🟡 Express Entry Course and Masterclass: https://bit.ly/3xbQP6k
🟡 Study Permit Course and Masterclass: https://bit.ly/study-permit-course
🟡 Spousal Sponsorship Course: https://bit.ly/Spousal-Sponsorship-Course-YT
🟡 LMIA for High-Wage Positions Course: https://bit.ly/3AAwsjE
🟡 CUAET Course: https://bit.ly/3Az21us
🎧 Canadian Immigration Podcast
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer
Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.
Join Mark Holthe and Pantea Jafari as they discuss the recent Class Action case of Tafreshi v MCI 2022 FC. 1069, and the struggle that 110 applicants have to go through before they get justice from IRCC. The issue lies in calculated systemic refusals of the Self-Employed applications in the Warsaw office.
Connect with Pantea if you feel like you're affected by a similar issue or if you need help with a judicial review of the refused application: www.jafarilaw.ca/
__________________________________________________________________________
About our Sponsors - Joorney Business Plans: Joorney Business Plans is the leading immigration business plan writing service provider in Canada. With more than ten years of experience, Joorney has grown to become a trusted partner for immigration consultants and lawyers. Joorney focuses on preparing business plans for ICTs, Startup Visa, Significant Benefit, Self Employed, PNPs, and more.
Their main competitive advantages are reliability, responsiveness, and overall customer service. For those of you who don't yet know about Joorney, ask your colleagues about them, they're amazing, or even better, try out their work. You can visit their website at https://bit.ly/HOLTHEJOORNEY10 and mention you listen to my podcast with the code HOLTHEJOORNEY10 which provides a 10% discount on a first business plan for new lawyers.
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
——
🔺CANADIAN IMMIGRATION INSTITUTE COMMUNITY: https://bit.ly/cii-community
——
Canada Immigration video Do-It-Yourself Courses
🟡 Canada H-1B Holder Work Permit Course and Masterclass: https://www.canadianimmigrationinstitute.com/H-1B-Work-Permit-Course
🟡 Express Entry Course and Masterclass: https://bit.ly/3xbQP6k
🟡 Study Permit Course and Masterclass: https://bit.ly/study-permit-course
🟡 Spousal Sponsorship Course: https://bit.ly/Spousal-Sponsorship-Course-YT
🟡 PGWP 18-Month Extension Course: https://bit.ly/3Nli3MS
🟡 LMIA for High-Wage Positions Course: https://bit.ly/3AAwsjE
🟡 CUAET Course: https://bit.ly/3Az21us
🎧 Canadian Immigration Podcast
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer
Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.
In this episode Mark Holthe and Alicia Backman-Beharry discuss the newly announced Canada Tech Talent Strategy and unveil the details on the new Canada H-1B Holder Work Permit.
The New Tech Talent Strategy was announced on June 27, 2023 at the Collision Conference in Toronto. New Programs are geared to attract tech talent, including digital nomads. There will also be a New Innovation Stream for Tech Work Permits (coming later in 2023), and starting July 16, 2023, Canada launched new H1B Visa Holder Work Permit
Listen to this podcast to learn:
- What is the Canada H-1B Holder Work Permit?
- How do you qualify for the new Canada H-1B Holder Work Permit?
- What do you need to do now to prepare for the new Canada H-1B Holder Work Permit
- Application Form Information
- Documents
Join the Canada H-1B Holder Work Permit Course and Masterclass ___________________________________________________________________________
About our Sponsors - Joorney Business Plans: Joorney Business Plans is the leading immigration business plan writing service provider in Canada. With more than ten years of experience, Joorney has grown to become a trusted partner for immigration consultants and lawyers. Joorney focuses on preparing business plans for ICTs, Startup Visa, Significant Benefit, Self Employed, PNPs, and more.
Their main competitive advantages are reliability, responsiveness, and overall customer service. For those of you who don't yet know about Joorney, ask your colleagues about them, they're amazing, or even better, try out their work. You can visit their website at https://bit.ly/HOLTHEJOORNEY10 and mention you listen to my podcast with the code HOLTHEJOORNEY10 which provides a 10% discount on a first business plan for new lawyers.
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
——
🔺CANADIAN IMMIGRATION INSTITUTE COMMUNITY: https://bit.ly/cii-community
——
Canada Immigration video Do-It-Yourself Courses
🟡 Canada H-1B Holder Work Permit Course and Masterclass: https://www.canadianimmigrationinstitute.com/H-1B-Work-Permit-Course
🟡 Express Entry Course and Masterclass: https://bit.ly/3xbQP6k
🟡 Study Permit Course and Masterclass: https://bit.ly/study-permit-course
🟡 Spousal Sponsorship Course: https://bit.ly/Spousal-Sponsorship-Course-YT
🟡 PGWP 18-Month Extension Course: https://bit.ly/3Nli3MS
🟡 LMIA for High-Wage Positions Course: https://bit.ly/3AAwsjE
🟡 CUAET Course: https://bit.ly/3Az21us
🎧 Canadian Immigration Podcast
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer
Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.
In this episode Mark Holthe and Brady Schnell, Clareshold Economic Development Officer, share their views on the Rural and Northern Immigration Pilot program, its successes and challenges. Who can apply for RNIP, how the candidates are selected for the RNIP, where, and how you should search for job offers? Find the answers to these and other questions by listening to the podcast episode.
About RNIP: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/rural-northern-immigration-pilot.html
Claresholm RNIP: https://www.claresholm.ca/rural-northern-immigration-pilot
About our Sponsors - Joorney Business Plans: Joorney Business Plans is the leading immigration business plan writing service provider in Canada. With more than ten years of experience, Joorney has grown to become a trusted partner for immigration consultants and lawyers. Joorney focuses on preparing business plans for ICTs, Startup Visa, Significant Benefit, Self Employed, PNPs, and more.
Their main competitive advantages are reliability, responsiveness, and overall customer service. For those of you who don't yet know about Joorney, ask your colleagues about them, they're amazing, or even better, try out their work. You can visit their website at https://bit.ly/HOLTHEJOORNEY10 and mention you listen to my podcast with the code HOLTHEJOORNEY10 which provides a 10% discount on a first business plan for new lawyers.
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
——
🔺CANADIAN IMMIGRATION INSTITUTE COMMUNITY: https://bit.ly/cii-community
——
Canada Immigration video Do-It-Yourself Courses
🟡 Express Entry Course and Masterclass: https://bit.ly/3xbQP6k
🟡 Study Permit Course and Masterclass: https://bit.ly/study-permit-course
🟡 Spousal Sponsorship Course: https://bit.ly/Spousal-Sponsorship-Course-YT
🟡 PGWP 18-Month Extension Course: https://bit.ly/3Nli3MS
🟡 LMIA for High-Wage Positions Course: https://bit.ly/3AAwsjE
🟡 CUAET Course: https://bit.ly/3Az21us
🎧 Canadian Immigration Podcast
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer
Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.
In this episode of the Business Immigration Series Mark Holthe and Alicia Backman-Beharry discuss the implications of supporting foreign workers for permanent residence by their Canadian employers. Should you as employer support the PR application of your foreign worker? What if you just want to promote your foreign worker and unintentionally change their NOC code? Can your foreign worker claim CRS points for the job offer with your Canadian business?
Read more about the CRS points for the job offer: click here
About our Sponsors - Joorney Business Plans: Joorney Business Plans is the leading immigration business plan writing service provider in Canada. With more than ten years of experience, Joorney has grown to become a trusted partner for immigration consultants and lawyers. Joorney focuses on preparing business plans for ICTs, Startup Visa, Significant Benefit, Self Employed, PNPs, and more.
Their main competitive advantages are reliability, responsiveness, and overall customer service. For those of you who don't yet know about Joorney, ask your colleagues about them, they're amazing, or even better, try out their work. You can visit their website at https://bit.ly/HOLTHEJOORNEY10 and mention you listen to my podcast with the code HOLTHEJOORNEY10 which provides a 10% discount on a first business plan for new lawyers.
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
——
🔺CANADIAN IMMIGRATION INSTITUTE COMMUNITY: https://bit.ly/cii-community
——
Canada Immigration video Do-It-Yourself Courses
🟡 Express Entry Course and Masterclass: https://bit.ly/3xbQP6k
🟡 Study Permit Course and Masterclass: https://bit.ly/study-permit-course
🟡 Spousal Sponsorship Course: https://bit.ly/Spousal-Sponsorship-Course-YT
🟡 PGWP 18-Month Extension Course: https://bit.ly/3Nli3MS
🟡 LMIA for High-Wage Positions Course: https://bit.ly/3AAwsjE
🟡 CUAET Course: https://bit.ly/3Az21us
🎧 Canadian Immigration Podcast
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer
Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.
About our Sponsors - Joorney Business Plans:
Joorney Business Plans is the leading immigration business plan writing service provider in Canada. With more than ten years of experience, Joorney has grown to become a trusted partner for immigration consultants and lawyers. Joorney focuses on preparing business plans for ICTs, Startup Visa, Significant Benefit, Self Employed, PNPs, and more.
Their main competitive advantages are reliability, responsiveness, and overall customer service. For those of you who don't yet know about Joorney, ask your colleagues about them, they're amazing, or even better, try out their work. You can visit their website at https://bit.ly/HOLTHEJOORNEY10 and mention you listen to my podcast with the code HOLTHEJOORNEY10 which provides a 10% discount on a first business plan for new lawyers.
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
——
🔺CANADIAN IMMIGRATION INSTITUTE COMMUNITY: https://bit.ly/cii-community
——
Canada Immigration video Do-It-Yourself Courses
🟡 Express Entry Course and Masterclass: https://bit.ly/3xbQP6k
🟡 Study Permit Course and Masterclass: https://bit.ly/study-permit-course
🟡 Spousal Sponsorship Course: https://bit.ly/Spousal-Sponsorship-Course-YT
🟡 PGWP 18-Month Extension Course: https://bit.ly/3Nli3MS
🟡 LMIA for High-Wage Positions Course: https://bit.ly/3AAwsjE
🟡 CUAET Course: https://bit.ly/3Az21us
🎧 Canadian Immigration Podcast
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer
Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.
Yes, there is a lot of fluff in the Strategy to Expand Transitions to Permanent Residence and it’s mostly a rehashing of what has already been said. Yes, for the most part, the Minister intends to either expand or adjust the existing pathways for temporary foreign workers and international student graduates seeking pathways to PR in Canada.
No, we don’t know for sure if he will be creating a new program for PGWP holders, similar to the 2021 TR to PR Pathway, or whether he will simply adjust the existing CRS criteria of Express Entry. However, if you take the time to read carefully, …and read between the lines, you will find there are a few things you had better pay close attention to because…it wasn’t all fluff!
Here is my TOP 6 List of Key Takeaways from the Minister’s Plan:
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Work experience in key sectors will be increasingly important
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Job offers from Canadian employers will be much more plentiful and essential
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Express Entry is opening its doors to low-skilled work experience in Canada
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Rural Canada is on the rise
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French language ability has never been more important
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International students must be strategic about where they are studying in Canada
Read the blog - "My TOP 6 List of Key Takeaways from the Minister’s Report: Strategy to Expand Transitions to Permanent Residency": https://www.holthelaw.com/blog/strategy-to-expand-transitions-to-permanent-residency
*Book a consult with Mark: https://www.holthelaw.com/consultation
In this episode, Cedric Marin and Mark Holthe discuss how to prepare a Reconsideration request when your Visa application is refused.
Reminders:
The PGWP 18-Month Extension Course and Masterclass will open soon make sure you get notified when the course opens.
Register here to get notified: https://www.canadianimmigrationinstitute.com/PGWP-18-month-extension-course
EXPRESS ENTRY
Don't miss the chance to be part of the upcoming Express Entry Master Class this coming August 1 - 4, 2022. Just visit our website for more information about our courses:
https://www.canadianimmigrationinstitute.com
Do you want advice from real lawyers?
Book a consult with us at Holthe Immigration Law here: https://bit.ly/2ZaYSP5
Subscribe to Canadian Immigration Institute on YouTube ►► https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA?sub_confirmation=1
Follow us on IG: Instagram: holthe.immigration.law
Like and follow us on Facebook: facebook.com/CanadianImmigrationInstitute
Want to know how to declare your Canadian Spouse in your Express Entry Application?
Mark Holthe and Alicia Backman-Beharry discuss and give you step by step run down on how to declare a spouse
including how to correct any information in case you declared incorrectly.
Check the youtube video to see the actual demo here:
https://www.youtube.com/watch?v=4bzBbtzJ-4M&t=28s
Reminders:
The PGWP 18-Month Extension Course and Masterclass will open soon make sure you get notified when the course opens.
Register here to get notified: https://www.canadianimmigrationinstitute.com/PGWP-18-month-extension-course
Don't miss the chance to be part of the upcoming Express Entry Master Class this coming August 1 - 4, 2022. Just visit our website for more information about our courses:
https://www.canadianimmigrationinstitute.com
Do you want advice from real lawyers?
Book a consult with us at Holthe Immigration Law here: https://bit.ly/2ZaYSP5
Subscribe to Canadian Immigration Institute on YouTube ►► https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA?sub_confirmation=1
Follow us on IG: Instagram: holthe.immigration.law
Like and follow us on facebook: facebook.com/CanadianImmigrationInstitute
New PGWP EXTENSIONS and EXPRESS ENTRY DRAWS will be Starting in July. This is fantastic news for so many international students wondering what the future will hold for them in Canada.
Join Canadian Immigration Lawyer, Mark Holthe "LIVE" in this latest Immigration News Update. There will be an opportunity for Q&A after the announcement. Book a consultation with the lawyers at Holthe Immigration Law: https://www.holthelaw.com/consultation Subscribe to the Express Entry DIY Course and Master Class (April 25 - 29): https://www.canadianimmigrationinstitute.com/express-entry-landing-page
Subscribe to Canadian Immigration Institute on YouTube? ►► https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA?sub_confirmation=1
Follow us on IG: Instagram: holthe.immigration.law
Follow like and follow us on facebook: facebook.com/CanadianImmigrationInstitute
For High-Quality Canadian Immigration content visit our website: https://www.canadianimmigrationinstitute.com/
Blogs: https://www.holthelaw.com/blog
Mark Holthe and Chanelle Rosen Baum gives us a crash course on the Ontario Immigrant Nominee Program. #Ontario INP Crash Course
Check Alicia's Blog post on study permit refusal here: https://www.holthelaw.com/blog/reasons-for-canadian-student-visa-refusal
Be part of the next Express Entry Course and Get the best chance of getting your application approved.
Click on this link to Register. https://www.canadianimmigrationinstitute.com/express-entry-landing-page
Subscribe to Canadian Immigration Institute on YouTube? ►► https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA?sub_confirmation=1
Follow us on IG: Instagram: holthe.immigration.law
Follow like and follow us on facebook: facebook.com/CanadianImmigrationInstitute
For more awesome Canadian Immigration content, visit our website: https://www.canadianimmigrationinstitute.com/
Blogs: https://www.holthelaw.com/blog
2022 FOREIGN WORKERS in Canada! GREAT NEWS!!! The Workforce Solutions Road Map recently announced by the Government of Canada offers much-needed relief for Canadian employers. #FSW #Canada #Canadaimmigration Canada is recovering from COVID-19 and has announced the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map. In this video, we'll be covering the five key policy changes that will be implemented in the coming week and will help Canada respond to current labour and skills shortages. Want help applying for an LMIA? Book a consult today: https://www.holthelaw.com/consultation Subscribe to the LMIA DIY Course: https://www.canadianimmigrationinstitute.com/lmia-guide-for-high-wage-positions Government Announcement - Workforce Solutions Road Map: https://www.canada.ca/en/employment-social-development/news/2022/04/government-of-canada-announces-workforce-solutions-road-map--further-changes-to-the-temporary-foreign-worker-program-to-address-labour-shortages-ac.html?s=09 If you want more quality content check on our blog posts: https://www.holthelaw.com/blog or Subscribe to our youtube channel and join us in the Live QandA: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
In this episode, we discuss the Top 10 Reasons for a Study Permit Canada visa refusal. We were joined by Alicia Backman-Beharry, who expounds on each item. If you want to study in Canada and are thinking of applying for a student permit, then you should not miss this! Here you'll know right off the bat if this path is for you. ⭐⭐Book a Study Permit consultation with Holthe Immigration Law🙋🙋: https://www.holthelaw.com/consultation If you want more quality content check on our blog posts: https://www.holthelaw.com/blog or Subscribe to our youtube channel and join us in the Live QandA: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA Subscribe to our Express Entry Masterclass this coming April 25-29, 2022 we also offer CPD credits for RCIC consultants https://www.canadianimmigrationinstitute.com/express-entry-landing-page 👨🏫👨🏫 🇨🇦🇨🇦
Canadian Study Permit school approval ratings are something no one is talking about for Designated Learning Institutions. Have you ever wondered if it really matters which post-secondary school you attend in Canada? Do some schools have better Canada Study Permit approval rates compared to others? In this episode, immigration lawyer, Lou Janssen Dangzalan joins me to reveal government data from IRCC on which schools are winners and which are not. This is one episode you are not going to want to miss. ⭐⭐Book a Study Permit consultation with Holthe Immigration Law🙋🙋: https://www.holthelaw.com/consultation ⭐⭐Book a Study Permit consultation with LJD Law🤔🤔: https://www.ljd-law.ca/ 👨🏫👨🏫 🇨🇦🇨🇦 Subscribe to the Spousal Sponsorship MasterClass 👫🏽👫🏽: https://www.canadianimmigrationinstitute.com/spousal-sponsorship-landing-page 👨🏫👨🏫 🇨🇦🇨🇦 Subscribe to the Express Entry MastClass: https://www.canadianimmigrationinstitute.com/express-entry-landing-page
Welcome back to another episode of the Canadian Immigration Podcast. This episode is all about job offers.
Many people out there are probably looking at Job Offers in Canada as their only way of immigrating to Canada because their points just aren't high enough. Well, in this episode today, our special guest Chanelle Rosenbaum, a Canadian Immigration Lawyer at Holthe Immigration Law is talking all about job offers, known fraud schemes that you have to be aware of and avoid at any cost, and the mistakes that we've seen so many people make before.
About the Sponsor of the Canadian Immigration Podcast This episode is sponsored by Canadian Immigration Institute, an online platform designed to help people navigate Canadian immigration process on their own. On this platform, you will find Do-It-Yourself (DIY) video courses on Express Entry, Spousal Sponsorship, LMIA and so much more. These courses will guide you through the process of submitting your immigration application without the need to hire a lawyer.
Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com
Are you looking for legal advice? If you want to connect with Mark Holthe, Chanelle Rosenbaum, or if you want to retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com
Listen to the Canadian Immigration Podcast on Spotify and iTunes Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!
Subscribe to our social media channels: Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute
Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute
Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law
Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/
Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw
What this episode is about? In this episode of Immigration Nation, my good friend Robert Blanshay will be hosting a special episode about the ongoing crisis in Afghanistan and the impact it is having on those still trapped in the country. We will be sharing audio clips from our interview with a judge in Kabul who is currently going through something none of us would ever wish to experience. The judge's name has been withheld to protect his identity.
Contact Immigration Lawyer Robert Blanshay: https://apply2canada.com/contact-us/
About the host of the Canadian Immigration Podcast Mark Holthe is a Canadian Immigration Lawyer based in Lethbridge, Alberta. He has started his legal career with a large national law firm in Calgary where he initiated the business immigration practice at the firm. Since those early days, he has had the opportunity to work in a wide variety of law firm configurations before finally realizing that the best place for him was within the confines of an immigration boutique firm of his own making.
As a Canadian immigration lawyer, Mark has particular experience in assisting clients with all aspects of Canadian immigration law. He assists large national and multinational companies in navigating the complex world of Canadian immigration and provides strategic immigration advice to international and domestic companies seeking to recruit and retain foreign skilled and semi-skilled personnel.
Mark also assists temporary foreign workers with their transition to permanent resident status in Canada and over the past few years, he has taken great satisfaction in helping individuals and families with their various immigration related needs. Mark finds no greater satisfaction than helping to facilitate the reunification of families.
While attending law school, Mark worked as an Immigration officer for Citizenship and Immigration Canada on the Alberta/Montana border. While completing his final year of law school, he worked as a pro bono student to the Canada Border Services Agency Hearings Officers representing the minister before the Immigration Appeal Division in Calgary, Alberta. As a result of his prior experience as an immigration officer, Mark has been able to enhance the services he offers to his cross-border and overseas clients. Since that time, he has continued to work hard fostering positive relationships with the various immigration related government departments and has focused a significant portion of his practice on cross-border matters.
About the Sponsor of the Canadian Immigration Podcast This episode sponsored by Canadian Immigration Institute, a platform designed to help people navigate Canadian immigration on their own. On this platform, I offer Do-It-Yourself (DIY) video courses guiding you through the process of submitting your immigration application without a need to hire a lawyer. These video courses not only allow people to better understand Canadian immigration but also earn me sufficient revenue to continue pushing out great free content on Canadian immigration.
Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com
Listen to the Canadian Immigration Podcast on Spotify and iTunes Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!
Subscribe to our various social media channels If you want to connect with Mark Holthe or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com
Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:
Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute
Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute
Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law
Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/
Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw
What this episode is about? In this episode I connected with Robert Leong, and we talked about many challenges faced by newcomers in Canada. One of the biggest challenges is credential recognition and continuing to pursue your career in Canada. Many immigrants feel that their options are quite limited until they recognize their credentials and meet all other requirements necessary to find a job. This includes having relevant work experience in Canadian market and becoming fully integrated into the workforce.
Robert shared his own personal experience with immigrating to Canada, and shared the challenges he had to go through while trying to find his niche. We also talked about whether immigration is a good choice for everyone and what it takes to become truly successful in a new country.
Listen to this episode if you are thinking about immigrating to Canada or you just recently landed. We share many insights and you may find a lot of inspiration that will help you through the hard times.
About today’s guest of the Canadian Immigration Podcast Robert Y.C. Leong
Canadian Immigration Lawyer
Robert read law in England, and after being called to the Bar, returned to his native Singapore where he practised as an Advocate & Solicitor for about 15 years.
After immigrating to Canada, he was called to the Bar in B.C., and now practises exclusively in citizenship and immigration law.
Apart from handling all types of temporary and permanent resident applications, Robert has also assisted clients in immigration enforcement cases, and has appeared before various Divisions of the Immigration and Refugee Board, the Federal Court, and the Federal Court of Appeal.
Besides English, he is fluent in Mandarin and Cantonese, and has appeared in various radio and TV programs discussing immigration issues of the day.
Robert has volunteers at pro bono legal clinics, speaks on immigration law at public libraries, and also sits on the board of a charity that helps to transform the lives of people with addiction. He’s also presented at various immigration law seminars for lawyers and for immigration consultants.
You can reach out to Robert via:
- Website: www.CanadaVisaLaw.com
About the host of the Canadian Immigration Podcast Mark Holthe is a Canadian Immigration Lawyer based in Lethbridge, Alberta. He has started his legal career with a large national law firm in Calgary where he initiated the business immigration practice at the firm. Since those early days, he has had the opportunity to work in a wide variety of law firm configurations before finally realizing that the best place for him was within the confines of an immigration boutique firm of his own making.
As a Canadian immigration lawyer, Mark has particular experience in assisting clients with all aspects of Canadian immigration law. He assists large national and multinational companies in navigating the complex world of Canadian immigration and provides strategic immigration advice to international and domestic companies seeking to recruit and retain foreign skilled and semi-skilled personnel.
Mark also assists temporary foreign workers with their transition to permanent resident status in Canada and over the past few years, he has taken great satisfaction in helping individuals and families with their various immigration related needs. Mark finds no greater satisfaction than helping to facilitate the reunification of families.
While attending law school, Mark worked as an Immigration officer for Citizenship and Immigration Canada on the Alberta/Montana border. While completing his final year of law school, he worked as a pro bono student to the Canada Border Services Agency Hearings Officers representing the minister before the Immigration Appeal Division in Calgary, Alberta. As a result of his prior experience as an immigration officer, Mark has been able to enhance the services he offers to his cross-border and overseas clients. Since that time, he has continued to work hard fostering positive relationships with the various immigration related government departments and has focused a significant portion of his practice on cross-border matters.
About the Sponsor of the Canadian Immigration Podcast This episode sponsored by Canadian Immigration Institute, a platform designed to help people navigate Canadian immigration on their own. On this platform, I offer Do-It-Yourself (DIY) video courses guiding you through the process of submitting your immigration application without a need to hire a lawyer. These video courses not only allow people to better understand Canadian immigration but also earn me sufficient revenue to continue pushing out great free content on Canadian immigration.
Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com
Listen to the Canadian Immigration Podcast on Spotify and iTunes Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!
Subscribe to our various social media channels If you want to connect with me or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com
Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:
Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute
Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute
Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law
Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/
Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw
What this episode is about? Nobody comes to Canada with expectation of not being successful. Immigration to a new country, however, often puts newcomers into unfortunate circumstances. Too many immigrants are unable to fulfill their potential because their professional certification is not valid in Canada. Getting certified in Canada is challenging to the absolute majority of newcomers, as it requires significant financial resources. Financial challenges are aggravated by the fact that newcomers often have low credit scores in Canada and thus are subject to terrible interest rates for their loans.
Well, there is a solution to this "no money - no certification, no certification - no money" loop!
Windmill provides microloans of up to $15,000 to skilled immigrants and refugees so they can succeed in their careers. They support clients to obtain the Canadian licensing or training required to work in their field, or to secure a position which matches their level of education, skills, and experience. Their loans can pay for exams, training, assessments, books and materials, living allowance, relocation costs, professional association fees, and other expenses related to advancing their career.
Thanks to these loans newcomers are included in the labor market in Canada and can compete for high wage jobs fully applying their foreign experience and knowledge. Higher wages mean higher taxes. As a result newcomers pay higher taxes and spend their hard-earned money in Canada thus stimulating economy.
About today’s guest of the Canadian Immigration Podcast Paula Calderon
National Director, Client Success
Originally from Colombia, Paula has spent her career leading workforce development projects that support the economic integration of newcomers to Canada. In the past, she pioneered ESL programs, worked on paid internship programs and oversaw various employment services and bridging programs supporting internationally trained professionals. She has also worked as a professor in the Career Development Practitioner program at George Brown College, has served as a mentor to newcomers and is the former President of the Board of Directors for the Canadian Colombian Professional Association. In 2018, Paula completed the Aspen Institute Economic Opportunity program and became an Aspen Institute Economic Opportunity Fellow.
You can reach out to Paula via:
- LinkedIn: Windmill Microlending
- Twitter: @windmillcanada
- Facebook: Windmill Microlending
Contact Windmill Microlending: 1-855-423-2262, windmillmicrolending.org
About the host of the Canadian Immigration Podcast Mark Holthe is a Canadian Immigration Lawyer based in Lethbridge, Alberta. He has started his legal career with a large national law firm in Calgary where he initiated the business immigration practice at the firm. Since those early days, he has had the opportunity to work in a wide variety of law firm configurations before finally realizing that the best place for him was within the confines of an immigration boutique firm of his own making.
As a Canadian immigration lawyer, Mark has particular experience in assisting clients with all aspects of Canadian immigration law. He assists large national and multinational companies in navigating the complex world of Canadian immigration and provides strategic immigration advice to international and domestic companies seeking to recruit and retain foreign skilled and semi-skilled personnel.
Mark also assists temporary foreign workers with their transition to permanent resident status in Canada and over the past few years, he has taken great satisfaction in helping individuals and families with their various immigration related needs. Mark finds no greater satisfaction than helping to facilitate the reunification of families.
While attending law school, Mark worked as an Immigration officer for Citizenship and Immigration Canada on the Alberta/Montana border. While completing his final year of law school, he worked as a pro bono student to the Canada Border Services Agency Hearings Officers representing the minister before the Immigration Appeal Division in Calgary, Alberta. As a result of his prior experience as an immigration officer, Mark has been able to enhance the services he offers to his cross-border and overseas clients. Since that time, he has continued to work hard fostering positive relationships with the various immigration related government departments and has focused a significant portion of his practice on cross-border matters.
About the Sponsor of the Canadian Immigration Podcast This episode sponsored by Canadian Immigration Institute, a platform designed to help people navigate Canadian immigration on their own. On this platform, I offer Do-It-Yourself (DIY) video courses guiding you through the process of submitting your immigration application without a need to hire a lawyer. These video courses not only allow people to better understand Canadian immigration but also earn me sufficient revenue to continue pushing out great free content on Canadian immigration.
Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com
Listen to the Canadian Immigration Podcast on Spotify and iTunes Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!
Subscribe to our various social media channels If you want to connect with me or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com
Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:
Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute
Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute
Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law
Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/
Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw
What this episode is about? We all know that love knows no boundaries. However, in reality there are a lot of obstacles international couples may need to go around if they want to stay together and not being separated by the border.
In this episode I invite Alicia Backman-Beharry, an amazing Canadian Immigration Lawyer who joined Holthe Immigration Law in August of 2020, to discuss spousal sponsorship applications. We talk about the differences between Inside and Outside Canada Sponsorships, benefits and drawbacks of each type of the application, as well as reasons why your Spouse or Common-Law Partner Class or Family Class application can be refused.
COVID-19 and the travel restriction also had a significant impact on the processing of the Spousal Sponsorship applications. Alicia and I discussed how this global pandemic impacted applicants and how IRCC takes a ruthless approach of refusing applications for frivolous mistakes, in attempt to keep the processing time down.
I definitely recommend that you listen to this episode carefully, because even slightest mistake can crush your plans of sponsoring your loved ones. Also, take a note of tips we provide that can help you make sure your application is not refused:
-
Examine and follow your Documents Checklist with forensic level of details
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Provide sufficient proof of genuineness of your relationships
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Provide an explanation along with your application if any of the documents or questions do not apply to your situation.
-
Make sure you have added your signatures and validated your forms
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Ensure your photos meet the requirements.
If you want to learn more about the difference between Spouse or Common-Law Partner Class and Family Class applications Alicia Backman-Beharry prepared a wonderful blogpost that covers everything you need to know about these two applications. Check the blog post here: https://www.holthelaw.com/spousal-sponsorship-canada/
About today’s guest of the Canadian Immigration Podcast Alicia Backman-Beharry has practiced as an immigration lawyer for 17 years. She was called to the Alberta bar in 2003 and was an associate with a medium sized firm and a boutique immigration law firm. Alicia went out on her own as a sole practitioner 8 years ago. She works with corporations, individuals and other lawyers to solve difficult immigration legal issues. Prior to joining the Holthe Immigration Law team, she also contributed as a part-time program lawyer at a non-profit poverty law clinic.
She finds it rewarding to help individuals and companies through the complex world of Canadian Immigration law. Having taught courses on temporary and permanent residence, Alicia is able to see how various pieces of the immigration puzzle fit together, and can provide advice so that people understand which application to pursue and why.
During her career as Immigration Lawyer Alicia Backman-Beharry has assisted with a wide range of business immigration matters, including applications for Labour Market Impact Assessments, work permits, Intra-company transfers, and Employer Compliance Reviews. She also has extensive experience with Permanent Residence applications including Express Entry, Provincial Nominee Program, Humanitarian and Compassionate, and family class sponsorships. While working with the poverty law clinic, she routinely helped people with inadmissibility issues, refugee matters, restoration applications, and temporary residence permits. She has appeared before various Courts and Tribunals, including Federal Court, Provincial Court, the Court of Queen’s Bench, the Immigration and Refugee Board, the Immigration Division, and the Immigration Appeal Division.
Volunteering has always been a big part of how Alicia spends her time. She enjoyed 9 years on the Board of a large immigrant serving settlement organization, including serving as Secretary, Vice-Chair, Chair and Past-Chair of the Board and is a past Chair of the Immigration and Citizenship Law Alberta South Section of the Canadian Bar Association.
You can book a consultation with Alicia Backman-Beharry on our Holthe Immigration Law website: www.holthelaw.com/consultation
About the host of the Canadian Immigration Podcast Mark Holthe is a Canadian Immigration Lawyer based in Lethbridge, Alberta. He has started his legal career with a large national law firm in Calgary where he initiated the business immigration practice at the firm. Since those early days, he has had the opportunity to work in a wide variety of law firm configurations before finally realizing that the best place for him was within the confines of an immigration boutique firm of his own making.
As a Canadian immigration lawyer, Mark has particular experience in assisting clients with all aspects of Canadian immigration law. He assists large national and multinational companies in navigating the complex world of Canadian immigration and provides strategic immigration advice to international and domestic companies seeking to recruit and retain foreign skilled and semi-skilled personnel.
Mark also assists temporary foreign workers with their transition to permanent resident status in Canada and over the past few years, he has taken great satisfaction in helping individuals and families with their various immigration related needs. Mark finds no greater satisfaction than helping to facilitate the reunification of families.
While attending law school, Mark worked as an Immigration officer for Citizenship and Immigration Canada on the Alberta/Montana border. While completing his final year of law school, he worked as a pro bono student to the Canada Border Services Agency Hearings Officers representing the minister before the Immigration Appeal Division in Calgary, Alberta. As a result of his prior experience as an immigration officer, Mark has been able to enhance the services he offers to his cross-border and overseas clients. Since that time, he has continued to work hard fostering positive relationships with the various immigration related government departments and has focused a significant portion of his practice on cross-border matters.
About the Sponsor of the Canadian Immigration Podcast This episode sponsored by Canadian Immigration Institute, a platform designed to help people navigate Canadian immigration on their own. On this platform, I offer Do-It-Yourself (DIY) video courses guiding you through the process of submitting your immigration application without a need to hire a lawyer. These video courses not only allow people to better understand Canadian immigration but also earn me sufficient revenue to continue pushing out great free content on Canadian immigration.
Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com
Listen to the Canadian Immigration Podcast on Spotify and iTunes Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!
Subscribe to our various social media channels If you want to connect with me or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com
Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:
Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute
Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute
Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law
Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/
Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw
What this episode is about? In the midst of COVID 19 pandemic we, Canadian Immigration Lawyers often ask ourselves – what is going on with immigration and how Canada can adapt to the new normal with existing and new potential immigration programs? In light of the ongoing and severe economic crisis Canada really could use some investment and even consider rolling out a new immigration program to get back on track with the recovery from consequences of the pandemic. This would allow our country to bring in new awesome people, give a boost to our economy, create new jobs across Canada.
As a chair of the Canadian Bar Association Immigration Section I have had a great opportunity to discuss immigration with number of organizations, including the Conference Board of Canada, which has been proposing some alternatives to the investor program. So, in this episode I bring on Phil Cohen to discuss what can we do as a country to help encourage more investment in Canada. During this episode we look into investor programs existing in other countries, in particular EB-5 program that exists in United States. This, then leads us to a discussion of how a program, similar to EB-5 would be of benefit to Canada.
EB-5 is an American immigration program that allows both, Americans and foreign nationals to set up companies that can raise money from immigrant investors. In return, investors can qualify for a Green Card (alternative to Canadian Permanent Residence) so long that the business achieves certain requirements, such as:
- The investor has to invest a minimum amount of $900,000 or $1,800,000 USD
- The business must create a minimum of 10 jobs for each investor the business takes on
This program allows to attract significant amount of investments to small and large businesses. In times of economic uncertainty the program like EB-5, without a doubt, benefits not only the business seeking investment, but also has a great positive impact on economy and the public. Moreover, the cost of the capital typically ends up being much lower when businesses seeks for investments through EB-5 program.
Tune in to learn more details about American EB-5 program and potential benefit Canada would enjoy if we implement similar program in our country.
About today’s guest of the Canadian Immigration Podcast Phil Cohen is the founder and president of Strategic Element as well as the Editor-in-Chief of The EB-5 Definitive Guide (see: www.starteb5.com for more information). Phil has a long history of developing businesses, business concepts and products, dating back to 1993. With a career that began in the manufacturing sector, and grew to include new developments in technology and a variety of start-ups, Phil has progressively built up experience in the area of new business development with a focus on transforming ideas in to viable business models.
Phil has worked with large public companies as well as small and mid-sized start-ups and businesses.
Beyond the development of business concepts, models and plans, Phil has taken a hands-on role in the launch of several businesses and business initiatives. In so doing he has faced firsthand the realities and challenges faced by new businesses. This firsthand experience has provided him with the insight and real-life exposure necessary to develop businesses and business plans that work.
About the host of the Canadian Immigration Podcast Mark Holthe is a Canadian Immigration Lawyer based in Lethbridge, Alberta. He has started his legal career with a large national law firm in Calgary where he initiated the business immigration practice at the firm. Since those early days, he has had the opportunity to work in a wide variety of law firm configurations before finally realizing that the best place for him was within the confines of an immigration boutique firm of his own making.
As a Canadian immigration lawyer, Mark has particular experience in assisting clients with all aspects of Canadian immigration law. He assists large national and multinational companies in navigating the complex world of Canadian immigration and provides strategic immigration advice to international and domestic companies seeking to recruit and retain foreign skilled and semi-skilled personnel.
Mark also assists temporary foreign workers with their transition to permanent resident status in Canada and over the past few years, he has taken great satisfaction in helping individuals and families with their various immigration related needs. Mark finds no greater satisfaction than helping to facilitate the reunification of families.
While attending law school, Mark worked as an Immigration officer for Citizenship and Immigration Canada on the Alberta/Montana border. While completing his final year of law school, he worked as a pro bono student to the Canada Border Services Agency Hearings Officers representing the minister before the Immigration Appeal Division in Calgary, Alberta. As a result of his prior experience as an immigration officer, Mark has been able to enhance the services he offers to his cross-border and overseas clients. Since that time, he has continued to work hard fostering positive relationships with the various immigration related government departments and has focused a significant portion of his practice on cross-border matters.
About the Sponsor of the Canadian Immigration Podcast This episode sponsored by Canadian Immigration Institute, a platform designed to help people navigate Canadian immigration on their own. On this platform, I offer Do-It-Yourself (DIY) video courses guiding you through the process of submitting your immigration application without a need to hire a lawyer. These video courses not only allow people to better understand Canadian immigration but also earn me sufficient revenue to continue pushing out great free content on Canadian immigration.
Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com
Listen to the Canadian Immigration Podcast on Spotify and iTunes Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!
Subscribe to our various social media channels If you want to connect with me or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com
Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:
Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA
Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute
Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute
Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law
Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/
Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw
Misrepresentation is one of the most serious wrongdoings that the applicant for Permanent Residence in Canada can do. In other words you want to avoid misrepresentation at all cost throughout each stage of the immigration process. And let's call things by their proper name - lying is never a good idea whether you're lying in immigration or any other context.
However, what if you never intended to misrepresent your case or did not even know that you have misrepresented something? This is just one of the issues that I have discussed with Rekha McNutt in today's episode of the Canadian Immigration Podcast where we touched on the various aspects of appealing the removal of PRs for misrepresentation.
Rekha practices primarily in immigration law. She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.
Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.
Rekha had appeared before the Alberta Provincial Court and the Court of Queen's Bench of Alberta. She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.
Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.
In this episode Rekha and I had an awesome and engaging conversation about misrepresentation and the consequences of such wrongdoings. It is surprising that there are so many ways how almost anyone can become a victim of their own carelessness, lack of understanding of the immigration processes or even reports filed by their close circle of friends or relatives. Rekha gave a full explanation of what misrepresentation really is and how serious and challenging the consequences may get if IRCC believes there was a misrep. Additionally, in this episode we discussed the following:
- what is the misrepresentation;
- examples of Innocent Misrepresentation;
- misrepresentation on inadmissibility vs. misrepresentation on eligibility;
- different ways IRCC finds out about cases of misrep;
- fairness letter and Section 44 reports;
- the process of removal of permanent residents for misrepresentation;
- different ways to fight your case if Immigration Division issues a removal order.
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
- Additional Resources:
- Rekha's firm: http://www.caronpartners.com/
- How to contact Rekha: RMcNutt@caronpartners.com
- Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/
Topics for our Next Podcast If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast on iTunes and Spotify If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.
It is not a secret that Permanent Residents can lose their status and be removed from Canada for committing a crime. In fact, a lot of people have heard some stories about PRs being removed from Canada for violating the law. However, not everyone knows specifics and details on how this removal process is done and if there are any ways Permanent Residents can challenge their removal from Canada. Well, today's episode is really focused on Permanent Residents and Criminality. In this episode of the Special Series on Immigration Hearings and Appeals I discuss everything you might want to know about Criminality as a ground for removal of Permanent Resident from Canada with amazing Canadian Immigration Lawyer Rekha McNutt.
Rekha practices primarily in immigration law. She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.
Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.
Rekha had appeared before the Alberta Provincial Court and the Court of Queen's Bench of Alberta. She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.
Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.
In this episode Rekha and I had a very interesting discussion on challenging removal of PRs from Canada based on criminality. Rekha shared insights and demystified what happens to a PR charged with a criminal offense and how this fact is treated both within criminal as well as immigration system. Additionally, in this episode we discussed the following:
- consequences for a PR when charged with a criminal offense;
- types of criminal charges and difference between serious and regular criminality;
- options for appealing removal order;
- practical aspects of representing a client in appealing removal orders.
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
- Additional Resources:
- Rekha's firm: http://www.caronpartners.com/
- How to contact Rekha: RMcNutt@caronpartners.com
- Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/
Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast on iTunes and Spotify If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.
Losing your status in Canada is the worst nightmare for Permanent Resident. Unfortunately, many Canadian PRs end up losing their Permanent Residence status. One of the common ways to lose your PR status is by not meeting the residency requirement. In this episode Rekha McNutt joins me once again for our Special Series of Immigration Hearings and Appeals to discuss specifics of residency requirements and filing appeals of the Removal Orders at the Immigration Appeal Division (IAD).
Rekha practices primarily in immigration law. She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.
Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.
Rekha had appeared before the Alberta Provincial Court and the Court of Queen's Bench of Alberta. She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.
Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.
In this episode Rekha and I had a very engaging discussion of all sorts of issues related to challenging Removal Orders and answered some of the most common questions about residency requirement for Canadian Permanent Residents:
How can you lose your PR status in Canada?
How much time do you have to stay in Canada to maintain your PR Status?
Can a Canadian PR be turned away at the border for not meeting the residency requirement?
How much time you have for appealing your Removal Order?
Does the process of filing an appeal to IAD differ for in-Canada and outside of Canada appellants?
Are there any exceptions to the residency requirement?
What does a hearing at Immigration Appeals Division look like?
How can you justify your absence in Canada?
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
- Additional Resources:
- Rekha's firm: http://www.caronpartners.com/
- How to contact Rekha: RMcNutt@caronpartners.com
- Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mark@canadianimmigrationinstitute.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
For US companies relying upon foreign workers, Monday, June 23, 2020, was a day of significant disappointment. President Trump announced that many categories of foreign workers would no longer be granted entry to the US until the end of 2020. Fortunately, Canada's immigration policy is far more welcoming. If you are a US company that is going to be hurt by these latest rounds of restrictions, Canada may just be the answer. Tune in to this episode where US Immigration Attorney, Nicole Ezer, explains what these restrictions mean for your company and Canadian Immigration Lawyer, Mark Holthe, shares some great "made-in-Canada" solutions to turn your disappointment into relief.
Many US companies were left reeling on Monday, June 23rd when President Trump announced that H-1B, L, J and H-2B visas would be blocked until the end of 2020. These four non-immigrant visa categories are relied upon heavily by US companies seeking to fill critical skill shortages in the US.
Now what is a US company going to do?
They were already hit hard by the COVID-19 pandemic, but this most recent announcement feels like insult to injury.
In this episode US immigration attorney, Nicole Ezer shares some great insight into what these restrictions really mean for US companies and why things may not be as bad as they seem. I then take some time to pull the curtain back on some very practical solutions that Canada's facilitative immigration policy offer to struggling US companies and their foreign workers.
Nicole Ezer is the founder of Ezer Law Group, a business immigration boutique law firm based in Houston, Texas. She is my go-to attorney for any US bound business immigration need. We have collaborated for years on mutual cross-border clients and I have fortunate to call her my friend.
Nicole has practiced in the areas of family-based immigration, naturalization and asylum and participated in activities that provide education to industries and communities regarding immigration issues.
She is a frequent speaker before industry, HR groups and for attorney CLE activities, and is a 2002 Graduate of the Center for Houston’s Future Leadership Forum. Nicole has also served as an adjunct professor at the University of Houston Law Center, teaching “Business Immigration Basics”.
Nicole has focused her practice on immigration policies and planning and consulting for companies of all sizes. She is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Nicole develops, implements and updates immigration policies for multinational corporations.
Sponsor: None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Canada is a great option for suffering US companies?"]
- Additional Resources:
- Nicole Ezer's law firm: https://ezerlawgroup.com/
- The best way to reach Nicole:
- Phone: (281) 404-7781
- Website: https://ezerlawgroup.com/contacts/
Topics for our Next Podcast If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast on iTunes and Spotify If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.
Are you frustrated with your language scores? Have you considered writing both language tests? If you want to improve your scores, you have to listen to this episode with professional language instructor Garret Lim. He shares the real goods on what makes the IELTS different than the CELPIP. You can decide which one is better.
In this episode, Garret Lim shared some great insight into exactly what the CELPIP and IELTS tests cover. By knowing the differences between the two tests, you can make the right choice as to which is going to allow you to score the highest. After all, your entire future in Canada depends upon it.
Garret Lim is a career ESL teacher that has spent over 13 years teaching English as a second language. He has taught in 3 countries and has had students from over 30 different countries. Recently, he's narrowed his focus a bit and is now specializing in test preparation for people wanting to immigrate to Canada who need to reach a certain proficiency band on one of the tests. It goes without saying that your Canadian Language Benchmark (CLB) is an aspect of your application that can really make or break it. Here is what is covered in this episode: 1. Why English is so important with respect to your Express Entry 2. What the CLB is and what it represents 3. How the CLB is measured. 4. Differences between the CELPIP and the IELTS 5. Final advice or tips for those taking the tests
Sponsor: None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Is the IELTS really better than the CELPIP?"]
- Additional Resources:
- Garret's website: http://tu-easy.online
Topics for our Next Podcast If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast on iTunes and Spotify If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.
During this episode Canadian Immigration Lawyers Mark Holthe and Arghavan Gerami get into discussion on whether the approaches taken by the CBSA during COVID-19 go in line with the principles of the Open Government, transparency and rule of law. Lack of responsiveness to the dialogue between CBSA and law practitioners and public played important role in formulating the view that people were left on their own in figuring out the details of the legal basis upon which the officers make their decisions at the border.
In a pandemic people need more transparency and clarity on new policies and procedures that the Government implements. However, as discussed during this episode many attempts to bring clarify and request any information that would allow people to be aware of new changes in cross-border travel were left unanswered. The host and guest of this episode also address the issue of lack of communication from the Government in interpreting what is considered to be “non-essential” purpose. All these factors directly affected many refugee claimants and people attempting to cross the border, but eventually turned away because of the “optional/non-essential” nature of their travel.
Arghavan Gerami Bio:
Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation (‘PC’), a full-service immigration law firm in Ottawa, Ontario. She completed her Juris Doctor and Master of Laws at Osgoode Hall Law School, York University and was called to the Ontario Bar in 2007.
Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice before transitioning to private practice in 2011. She also had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal.
Since founding Gerami Law PC in 2011 Ms. Gerami has focused her practice on immigration and refugee litigation and represented numerous clients before the Federal and provincial Courts, as well as the various divisions of the Immigration and Refugee Board.
Ms. Gerami is an Executive Member on the Immigration Law Section of the Canadian Bar Association. In 2017 and 2018 Ms. Gerami also served on the Organizing Committee of the annual CBA Immigration Law Conference. She has been interviewed on national and local television, and quoted in national and local newspapers such as the Globe and Mail, National Post and the Ottawa Citizen. Ms. Gerami has also published numerous journal articles, presented at immigration and refugee law conferences and events across Canada, and provided guest lectures at the University of Ottawa.
As a Supervising Principal to articling students, Ms. Gerami enjoys facilitating the career development of law students and young lawyers. She also enjoys travelling as a well as spending time with her two children, husband and Bambi (her dog).
Show notes summary: [NOTE: Igor try to soft the information below and write up the show notes so that they are not quite as harsh]
COVID-19 has had a tremendous impact on immigration and the way immigration law is practiced in Canada. Pandemic revealed a whole set of challenges with transparency and in some instances, showed the unwillingness of the authorities to reveal the bases upon which the decisions by the CBSA are being made.
Uncertainty, inconsistent application of the rule of law, and many other issues, exacerbated by COVID caused concern among immigration lawyers. At some point it seemed like CBSA has been conducting itself as if it’s above the rule of law. Here are just some of the issues discussed and analyzed during the podcast:
-
Uncertainty with the Canada-US agreement, as CBSA was unwilling to disclose the details of the border agreement with the US. This approach was going contrary with the spirit of transparency and for long time prevented lawyers from learning the details of the Agreement;
-
refusing to disclose the manual on what constitutes essential purpose, that is being applied to make administrator decisions with very significant consequences;
-
a number of reports about inconsistent application of the rule of law, complicated by the continuous modification of policy, made it difficult for people to know and understand their rights;
-
some of the media reports of serious misconducts.
Overall, recent events and experience of Canadian immigration lawyers raise concerns regarding the lack of accountability and transparency in actions of the immigration authorities. Without a doubt there is an understanding that the Government had to deal with unprecedented challenges, but there are also the expectations of respect, transparency, openness to dialogue and observance of the rule of law by the CBSA.
People need to be able to trust decision makers, individuals in the positions of power and have the right to know details of the acts used to make decisions on the cases that affect them. This is particularly true in times when individuals are experiencing significant fear and anxiety due to a pandemic.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Business Immigration programs are alive and well in Canada."]
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
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This is the second part to our Canadian Business Immigration series. Just as in the previous episode, Canadian Immigration Lawyers Mark Holthe and Jeffrey Lowe discuss different business immigration strategies available to investors to Canada. However, this time there will be much more specifics and business immigration case studies. We are going to pull the curtain back on options that potential business immigration clients may want to consider as they look to invest in Canada and use that investment of time and money to secure permanent resident status for them and their families.
For the Part 2 of the episode dedicated to Canadian Business Immigration Canadian Immigration Lawyer Jeffrey Lowe joined Mark Holthe to shed some light on some of the best business immigration options available for entrepreneurs and like-minded foreign nationals who are looking to invest in Canada and secure permanent resident status in the process.
In particular, during this episode you will learn about the process of investing in Canada and 4 ways foreign nationals can invest in Canada. Following, Mark Holthe and Jeffrey Lowe address pros and cons of each of these pathways, and discuss how to find business opportunities when investing in Canada.
What makes this episode so awesome is the case studies and analysis of different immigration scenarios for potential business investors. On top of that, you will find some precious practical tips for business investors in Canada from our guest, Canadian Immigration Lawyer Jeffrey Lowe.
You can learn more about Jeffrey and his background working as a Canadian immigration lawyer in Episode 19 of the Canadian Immigration Podcast.
Jeffrey S. Lowe has practised Immigration and Business law in British Columbia since 1983. He holds both a Bachelor of Laws and a Bachelor of Commerce from the University of British Columbia, and is considered an innovator in the convergence of Business, Technology and the Law. Jeffrey is the Chief Inspirational Officer of Lowe & Company, and has taught Immigration Law, Practice Management and Legal Ethics to lawyers across Canada since 1990.
Sponsor:
None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Business Immigration programs are alive and well in Canada."]
- Additional Resources:
- Jeffrey's firm: https://www.canadavisalaw.com/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
Since 2014 Canada has been without any real immigrant investor program at a federal level. However, in this episode we are going to pull the curtain back on three great options that your business immigration clients may want to consider as they look to invest in Canada and use that investment of time and money to secure permanent resident status for them and their families.
It was great to have Canadian Immigration Lawyer Jeffrey Lowe join me to shed some light on some of the best business immigration options available for entrepreneurs and like-minded foreign nationals who are looking to invest in Canada and secure permanent resident status in the process. You can learn more about Jeffrey and his background working as a Canadian immigration lawyer in Episode 19 of the Canadian Immigration Podcast.
Jeffrey S. Lowe has practised Immigration and Business law in British Columbia since 1983. He holds both a Bachelor of Laws and a Bachelor of Commerce from the University of British Columbia, and is considered an innovator in the convergence of Business, Technology and the Law. Jeffrey is the Chief Inspirational Officer of Lowe & Company, and has taught Immigration Law, Practice Management and Legal Ethics to lawyers across Canada since 1990.
In this episode Jeffrey and I discussed three of his favourite option when advising high net worth clients seeking to immigrate to Canada. Two of the programs are PNP based and the third is a home grown strategy involving a combination of creative work permits and existing skilled worker programs to secure PR status in Canada.
Show Notes for This Episode: 1. Introduction to Business Immigration 2. 2 general routes: * Entrepreneur Provincial Nominee Programs + 7 Provinces and 2 Territories have them + Most work the same way; + And * The “Canadian Business Experience Strategy” (a new term coined by Jeffrey!) + Buy or invest in a business + Apply for a Work Permit through a number of options: - Owner Operator LMIA - NAFTA Investor; - CETA or CPTPP Investor; - Significant Benefit Work Permit; + Work in Canada; + Apply to Immigrate under Express Entry 3. Closer look at 2 Entrepreneur PNP Programs we recommend: * BC PNP Programs: + Base Program: - $600K PNW - $200K minimum investment - Create 1 job - Can buy a business or start new. Need to spend 75% of your time in BC - Need CLB 4 when applying for Nomination (after 2 years) + Regional Pilot: - $300K PNW; - $100K Minimum Investment - Create 1 Job - Must start new business - Need to spend 75% of your time in BC - Need CLB 4 at the beginning - 66 Communities, with <1,000 people to 75K people - Must have Community support for your proposed business * Ontario Immigrant Nominee Program + Investment in GTA: - $800K PNW - $600K minimum investment - Create 2 jobs - Need to spend 75% of your time in Ontario - Need CLB 4 when you apply for nomination + Investment in Tech sector or outside GTA: - $400K PNW - $200K minimum investment - Create 1 job - Need to spend 75% of your time in Ontario - Need CLB 4 when you apply for nomination
Sponsor:
None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Business Immigration programs are alive and well in Canada."]
- Additional Resources:
- Jeffrey's firm: https://www.canadavisalaw.com/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
With over 700,000 international students in Canada, Immigration, Refugees and Citizenship Canada has been struggling with what to do with them all. Many of these students are wondering if they have a future in Canada over the long term. In this episode Canadian Immigration Lawyer Will Tao joins me talk about some of the challenges students experience when studying in Canada and some essential tips to avoiding the most common pitfalls.
I was super happy to have Will Tao join me again after an almost four year absence on my Podcast. The last time he joined me, he was just cutting his teeth in the world of immigration law. However, he has worked hard to establish himself as a thought leader in our industry and someone who truly practices immigration law the right way.
Will Tao (pronouns: he/him) is a Canadian Immigration and Refugee Lawyer at Edelmann and Co., who lives and works on the traditional, unceded territories of the Coast Salish – sḵwx̱wú7mesh (Squamish), sel̓íl̓witulh (Tsleil-Waututh), and xʷməθkʷəy̓əm (Musqueam) nations.
Will provides legal services in all areas of Canadian immigration and refugee law with a focus on complex applications, overcoming refusals, inadmissibility matters, appeals, and judicial reviews. Will regularly appeals before the Immigration and Refugee Board and the Federal Court of Canada. His focus is on international students, families, and temporary foreign workers.
Will also provides strategic advice and consultation to government, media, educational institutions, and businesses on immigration/refugee, decolonization, and race equity related issues. He is the founder and creator of Vancouver Immigration Blog, where he hopes to make immigration and refugee law more accessible to the general public. He is a second-generation Canadian, product of immigrants, and finds his personal motivation in the sacrifices of his parents and the resilience of Indigenous ancestors to this land.
In this episode Will and I discussed the plight of international students in Canada and pulled back the curtain on what is really happening in the background of immigration processing. Will took some time to share his thoughts on the challenges international students face in Canada and offered a few solutions to some of the most common pitfalls.
Sponsor: None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "What's up with international students in Canada?"]
- Additional Resources:
- Will Tao's firm: https://edelmann.ca/
- Will's Blog: http://vancouverimmigrationblog.com
Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
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If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
Have you ever wondered why the Canadian Immigration process can be so darn hard and unforgiving? In this episode I share a few of my own thoughts on Canadian Immigration from the many years I have spent working in the trenches.
This episode came about quite spontaneously. As I was walking through the Cottonwood trees in our community wilderness park along the banks of the Old Man River near Lethbridge, I started think about my immigration practice and how much it had changed since I first decided to focus exclusively on immigration law back in 2003.
To say that things have changed is an understatement. When I started practicing, I had just finished working on the border as an officer and completed a year of pro bono work with the hearings officers in Calgary, Alberta. I had tons of great relationships established within the various immigration departments and was well positioned to start my practice as an immigration lawyer.
However, over time the landscape shifted and with that so too went officer discretion. In this Episode, I shared some insight on why these changes have occurred and the impact it has had on my practice and how I serve my clients.
I also shared a little bit about my new law firm Holthe Immigration Law, why I created it and how it is the perfect solution for how I want to practice for the rest of my career. I've got big plans for my little law firm. If you or someone you know is looking for an opportunity to work with a great group of lawyers looking to change the world please don't hesitate to reach out.
Sponsor: None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.
- Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Windmill Microlending...an amazing company."]
- Additional Resources:
- Mark's new firm: https://www.holthelaw.com
- Click here to book a consult: https://www.holthelaw.com/consultation/
- Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/
Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mark@canadianimmigrationinstitute.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
Getting your immigration application refused sucks! Fortunately, you don't simply have to accept the rejection and live with it. In this episode, Rekha McNutt joins me in our first episode of our Special Series on Immigration Hearings and Appeals to pull back the curtain on Sponsorship Appeals at the Immigration Appeal Division.
Rekha practices primarily in immigration law. She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.
Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.
Rekha had appeared before the Alberta Provincial Court and the Court of Queen's Bench of Alberta. She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.
Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.
In this episode Rekha and I covered the following areas:
- what to do first when the rejection letter comes;
- step by step process flow of a sponsorship appeal;
- practical examples of how spousal and parental sponsorships can go wrong;
- pros and cons of the ADR process;
- top tips and strategies for running a successful appeal; and
- a host of other amazing insight from a seasoned litigator.
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "What to do when your sponsorship application is refused."]
- Additional Resources:
- Rekha's firm: http://www.caronpartners.com/
- How to contact Rekha: RMcNutt@caronpartners.com
- Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mark@canadianimmigrationinstitute.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
One of the saddest things to see is for skilled immigrants and refugees to sacrifice so much to come to Canada and then not have the ability to continue working in their chosen profession once they get here. One of the more common barriers is the cost of applying for certification.
Often newcomers are unable to afford the application fees upon arrival and end up working in lower paying positions which only leave them with enough income to survive...never being able to afford the application fees. So what's the solution? .....Windmill Microlending. Listen in to my interview with Onai Abote who shares the remarkable Windmill story and how it has helped countless immigrants realize their dream of working in their chosen profession in Canada.
Onai Petra Abote, is the Community Relationship Specialist with Windmill Microlending (formerly Immigrant Access Fund) in Calgary. Onai joined Windmill Microlending from Postmedia, publishers of the Calgary Herald and Calgary Sun where she was part of the advertising management team working as Media Coordinator and also featured as a columnist for both brands. Her achievements include developing clear internal communications for her department, successfully organizing high profile events, ensuring deadlines were met and maintaining relationships with various stakeholders. She also served as a committee member on the Calgary Herald Christmas Fund Committee - a fund that awards grants to some of the cities agencies working with vulnerable groups.
Onai is a qualified journalist with over 10 years’ experience working as a journalist in Zimbabwe - where she was born and raised. She worked as a freelance television producer for Reuters, and then later as Project Coordinator (and journalist) for The Source – Zimbabwe’s first business and financial news agency launched and supported by Thomson Reuters Foundation and European Journalism Centre.
As the Windmill Microlending Community Relationship Specialist in the Calgary office, Onai's focus includes executing Windmill Microlending ongoing strategic outreach plan - deepening the organization’s extensive referral network of immigrant-serving organizations, learning institutions, regulatory bodies, professional associations and ethno- and occupation-specific groups. While the primary geographic focus is Calgary and Edmonton, she has also represented Windmill Microlending across British Columbia, and built referral networks across Canada in collaboration with counterparts in other provinces.
In this episode Onai and I covered the following areas:
- who is Windmill Microlending;
- what they do;
- why they do it; and
- how they do it.
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Windmill Microlending...an amazing company."]
Additional Resources: * Windmill Microlending: https://windmillmicrolending.org/ * How to apply: https://windmillmicrolending.org/applicants/eligibility/ * Canadian Immigration Institute: https://canadianimmigrationinstitute.com/
Whether you are a seasoned immigration practitioner or new to the caregiver world, a caregiver yourself looking to immigrate to Canada or someone currently working in Canada as a caregiver and wanting to become a permanent resident, this episode is for you. Quebec based immigration lawyer, Matthew Aronson joined me in this amazing episode filled with do's and dont's, tips and strategies and a virtual walkthrough of the new Home Child Care Provider and Home Support Worker Pilot programs. I think this episode ranks up there as one of the* top "hands-on" episodes I have ever produced with an immigration lawyer*** to date.
Immigration Refugees and Citizenship Canada has once again revamped the caregiver programs in this country. Whether or not the new Home Child Care Provider and Home Support Worker Pilot programs will succeed in accomplishing what they were designed to do, or doomed to fail, will play out in the coming years. Regardless, if you are considering accessing one of these programs, this episode is an absolute must.
Immigration lawyer Matt Aronson spent some time with me deconstructing the new pilot programs and offering a ton of extremely helpful information to help you navigate the complexities of not only the new pilots, but what to do with the existing caregiver currently working in Canada.
A graduate of McGill Law, Me. Matthew E. Aronson is a member of both the Barreau du Quebec and of the Law Society of Ontario.
Me. Aronson practices immigration, corporate commercial and real estate law. In immigration, he does all types of visitor, study and work permits, as well as Permanent Residency applications for Skilled Workers and for spouses of Canadians. He has developed a particular specialty in obtaining work permits and permanent residency for in-home caregivers.
He began his career at one of Canada’s premier corporate commercial law firms and has since gained experience in a boutique litigation firm and a well-known immigration firm before moving in-house at an international private equity firm as an Asset Manager and Advisor on Real Estate matters for several years. He returned to private practice in 2015, and jointed Adessky Attorneys as the head of its immigration practice. Since that time, he has advised both employers and workers in matters pertaining to work permits and PR cases.
When not practicing law, Me. Aronson is active in his community as a volunteer, serving on the Board of Notre-Dame-des-Arts, an arts-oriented local charity, as well as being VP Legal for his own family business, MKRLAB Community Workshop.
In this episode we covered the following areas:
- Who are caregivers? What do you need to qualify?
- New Caregiver pilot programs – what has changed, how the pilot programs can benefit workers, as well as some common pitfalls to avoid
- The ‘Quebec Acceptation’ - how caregivers can work in Quebec, and what it means for PR.
- Legacy programs – how to continue accessing the old (and new) PR pathways if you’re already a Caregiver in Canada.
- Tips and tricks to streamline an application and avoid common errors and delays.
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Everything you wanted to know about caregiver programs in Canada"]
Additional Resources: * Matt Aronson Bio: https://www.adessky.com/about/matthew-e-aronson/ * How to Contact Matt: matt@adessky.com * Matt's Firm Website: https://www.adessky.com/ * Canadian Immigration Institute: https://canadianimmigrationinstitute.com/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mark@canadianimmigrationinstitute.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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One of the most heartbreaking realities of practicing Canadian immigration law is the fact that not all applications submitted will get approved.There is nothing worse than having to inform a client that their application was rejected. Inevitably, the first question a client asks after being told about the refusal, is how can we appeal that refusal.
Well, in this special series I will be releasing over the next couple of months, my good friend and colleague Rekha McNutt will join me to explore all of the ins and outs of the Canadian immigration appeal process and what happens in these hearings. Whether you are an immigration lawyer, consultant, or recently rejected applicant, this series is for you.
This special series on immigration appeals came about when Rekha and I realized that it was really difficult to try to limit the scope of this topic to just one episode. As we discussed the possible areas of immigration appeal, it became readily apparent that a special series on immigration appeals would be far more useful to the immigration practitioner and their clients than a high level discussion at the 10,000 foot level.
After all, this Podcast was designed to be very practical in nature and filled with numerous take aways that we and our clients could use in navigating our way through this complex area of immigration law, policy, and practice. I'll leave the 10,000 foot level for my good friends, Peter, Steven, and Deanna over at the Borderlines Podcast....which is one I highly recommend you check out.
So after discussing the possible ways in which we could structure this series, we settled on breaking things down by division first and then type of appeal within each division. Here are the general topics you can expect in the coming weeks and months:
- Immigration Division - detention reviews and admissibility
- Immigration Appeal Division - spousal and parental sponsorship, removal order appeals
- Refugee Protection Division - refugee claims
- Refugee Appeal Division - refugee appeals
- Special Episode - s.117(9)(d) refusals
I think you are going to absolutely love this series whether you are a new practicing lawyer, a seasoned practitioner, or an everyday applicant staring at a refusal letter and wondering where to turn now.
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases via your affiliate link
[Tweet "Everything you wanted to know about immigration appeals"]
Additional Resources: * Rekha McNutt Bio: http://www.caronpartners.com/rekha-p-mcnutt * Rekha's Firm Website: http://www.caronpartners.com/ * Canadian Immigration Institute: https://canadianimmigrationinstitute.com/
Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mark@canadianimmigrationinstitute.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
Another federal election has come and gone and after the dust has settled, Canada will have a minority Liberal government. The question is.....how will this impact Canadian immigration law, policy and practice?
In this episode I invited my good friend and fellow immigration lawyer, Ravi Jain to join me to weigh in on where we think immigration policy is headed following this fall Federal election. Now that we now we will have a minority Liberal government for the next 4 years (or less), what impact will this really have on the future of Canadian immigration for us immigration lawyers, consultants and our clients?
Although Ravi and I are both serving as table officers with the National Immigration Law Section of the Canadian Bar Association, all of the view expressed in this episode are ours alone and do not reflect those of the Canadian Bar Association and the National Immigration law section. This episode is just two friends sharing our thoughts on what we feel may be in store for Canadian immigration in the coming years.
Here is what we covered:
- Parents and Grandparents
- Refugees
- MPs in and out
- Economic Immigration Programs
- Temporary Foreign Worker Program
- Immigration Consultants
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases your affiliate link
[Tweet "Canadian Immigration - Post Election 2019"]
Additional Resources: * Ravi Jain Bio: https://www.gands.com/team/bio/ravi-jain * Ravi's Firm Website: https://www.gands.com/home * Canadian Immigration Institute: https://canadianimmigrationinstitute.com/
Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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Express Entry is one of the most volatile, scary, and stressful applications that can be submitted to Immigration Refugees and Citizenship Canada. In this episode I share with you some of my best insights and tips on navigating the Express Entry process safely.
In the first few years of Express Entry, when I received an email from IRCC related to a file starting with the letter "E", my stomach started to churn and my stress levels started to rise. I hesitated going to my Rep Portal to check to see what this notification could mean. Was it just a simple request for Passports, or was it the dreaded refusal letter for having failed to upload some innocuous document?
Although I don't feel that way now, I know that many of you fellow practitioners likely do....or if you don't, it's likely because you haven't yet filed many Express Entry applications. So in order to help reduce the stress level and increase the satisfaction level, I pull back the curtain and share some insight on the whole process and some tips for avoiding some of the more troubling areas.
Here is what I covered:
- Quick Overview of Express Entry
- CRS Trends and the Rounds of Invitations
- How our Clients can Increase Their CRS Scores
- Things you must know about Express Entry
- Break for our Sponsor - CII
- My Essential Practice Tips
- Top 5 Crazy Reasons EE Applications were Refused
- Top 5 Most Common Reasons for Refusal
Click on this link to access the Slide Deck Mark talked about in this Episode: AQAADI - Express Entry - Holthe 2019
Sponsor: * Canadian Immigration Institute - Founded by Immigration Lawyer Mark Holthe * Special Offer to listeners announced in the podcast today - Express Entry - Complete Step by Step Guide to Doing it Yourself: + COUPON CODE: CIPEE50 – 50% Off Lifetime Access to the Course ($248.50) + Click on this link to access this offer: https://www.canadianimmigrationinstitute.com/offers/nxZdxo2d?coupon_code=CIPEE50 + OFFER EXPIRES – NOVEMBER 12, 2019
Affiliate Program: * Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate + OR, go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”. + Earn 30% when someone purchases your affiliate link
[Tweet "How to remove the stress from the Express Entry process"]
Additional Resources: * Book a Consultation with Mark: https://stringam.ca/immigration-mark-holthe/ * Mark's Firm Website: https://stringam.ca/ * Canadian Immigration Institute: https://canadianimmigrationinstitute.com/ * Mark's LMIA DIY Guide: https://www.canadianimmigrationinstitute.com/lmia-guide-for-high-wage-positions
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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People preparing to emigrate to Canada often have one or more of the following misconceptions about the Canadian healthcare system: “Medicare works the same across the country,” or “Coverage is immediate upon arrival,” or “Emergency medical care is covered even if I have a waiting period”. In this episode Jason Cummings joins me to debunk these common misconceptions and set the record straight for all newcomers to Canada.
These misconceptions can be costly to a newcomer. For instance, each year tens of thousands of new residents of Canada settle in a Province or Territory that has a waiting period for public health coverage (Medicare). During a Medicare waiting period, “un-insured residents” are responsible to pay for hospital and medical services, even in an emergency, and costs can be very high, even catastrophic. The same risk can arise when a temporary resident loses Medicare eligibility due to the expiry of a work or study permit.
In this episode Canadian health insurance broker Jason Cummings, General Manager of David Cummings Insurance Services Ltd, joined me to help shed some light on what new permanent residents and temporary residents face when on-boarding into the “Canadian health system” and to offer some consumer education insights about the types of private medical insurance used to cover Medicare gaps.
Jason Cummings - General Manager of David Cummings Insurance Services Ltd. (DCIS).
Jason Cummings comes to work motivated to make a positive difference in people’s lives. With over 20 years’ experience, Jason is a recognized expert in health and travel insurance who has been interviewed for CBC’s The National, CBC News Vancouver, and CBC Radio and he presents information about Canada’s healthcare system and private health insurance in live workshops and online. Jason leads the DCIS team of agents and associates with the vision of relentlessly championing duty of care, good faith, and the dignity of each person.
About DCIS Insurance Services Founded in 1987 by Jason’s father David Cummings, DCIS is a boutique insurance brokerage of choice, specializing in health insurance solutions for people moving to or visiting Canada, and for people relocating or travelling outside their country of origin to other destinations worldwide. Through a network of trusted advisors DCIS also provides personal life insurance, disability insurance, and group benefits. The DCIS team are committed to ensuring individuals, families, and organizations are well advised, offered competitive insurance solutions, equipped for successful use of their insurance, and supported at time of claim.
In this episode Jason shared valuable insights for prospective immigrants and temporary residents about on-boarding into the Canadian health system:
- Public health coverage does not operate the same across Canada. Before departing for Canada, learn how Medicare eligibility and enrolment works in the Province or Territory you will settle in.
- New Permanent Residents face a Medicare waiting period (approx.3 months) in three Provinces and all Territories. Be sure to buy interim (private) medical insurance for any Medicare waiting period or gap.
- Work permit holders (and study permit holders) face a more complex set of rules and variables in regard to Medicare eligibility and maintaining Medicare coverage.
- Not all interim medical plans are created equally. Give the purchase of medical insurance the consideration due to any important financial decision. Whether on your own, or with the help of an insurance broker, be informed about the types of plan available, and especially about the plan you choose to buy.
[Tweet "Demystifying the refugee issue once and for all"]
Additional Resources: * How to Contact Jason Cummings: jason@david-cummings.com * Firm Website (David Cummings Insurance Services Ltd.): http://www.david-cummings.com * Health Insurance Matters - Essential information for prospective immigrants and temporary residents
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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With the increasing numbers of refugee claimants crossing into Canada via the US border, the topic of refugees has become extremely polarizing in our country. As we approach another election year, political divisiveness and rhetoric from all parties will continue to dominate the media. What we are left with is a lot of misinformation being spread that only exacerbates the confusion the average Canadian has regarding the refugee issue.
In this episode Canadian immigration lawyer Hart Kaminker joined me to help shed some light on this topic and provide some great insight from a refugee lawyer perspective. Tune in to this episode and get rid of your pre-conceived ideas about refugees once and for all.
Hart Kaminker has extensive experience in all facets of Immigration and Citizenship law with focused knowledge in litigation, the processing of permanent and temporary applications, and reviewing decisions of Immigration tribunals and international visa officers.
Hart has represented clients before the Federal Court of Canada, the Federal Court of Appeal and all levels of the Immigration and Refugee Board including the Refugee Protection Division, the Refugee Appeal Division and the Immigration Appeal Division.
Hart is often called upon to speak at events for the Canadian Bar Association and other community organizations in the Greater Toronto Area. He has also served on the Board of Governors at Beth Tikvah Synagogue and the UJA Israel Engagement Committee.
In this episode Hart shared insight on the following topics related to Canadian refugee law:
- Current influx of refugees from the United States
- Safe Third Country Agreement
- Scheduling problems at the RPD
- Life working as a refugee lawyer
[Tweet "Demystifying the refugee issue once and for all"]
Additional Resources: * How to Contact Hart Kaminker: hkaminker@kaminkerlaw.com * Firm Website (Kaminker and Associates): https://www.kaminkerlaw.com/ * IRB Statistics on irregular border crossers: https://irb-cisr.gc.ca/en/statistics/Pages/Irregular-border-crosser-statistics.aspx
Topics for our Next Podcast
[reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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Quebec has gone through some fairly significant changes to it's immigration programs. If you want to know how these changes may impact on Quebec based work permits and immigration, you've come to the right place. Canadian Immigration Lawyer Genna Evelyn joined me to share some insight on some of the significant changes that have been launched and some fantastic employment opportunities that exist for foreign nationals destined for Quebec.
Genna Evelyn practices immigration law from the small border city of Saint-Georges de Beauce in Quebec. Originally from Ontario, she has practiced in numerous areas of law in both Ontario and New Brunswick since 2007 before joining the BB Immigration team in 2017.
Ms. Evelyn has a Bachelor’s of Law from the University of New Brunswick and a Masters of Law from Université Laval with a research focus on immigration law. She offers services in both her English and French and is a member of both the Barreau du Québec and the Law Society of Ontario.
In addition to practicing immigration law privately, Ms. Evelyn also runs an Immigration Legal Clinic in Saint-Georges which provides free consultations to immigrants and others living in the region looking for help with their immigration procedures.
In this episode Genna shared insight on the following Quebec immigration programs:
- Quebec Foreign Worker Program
- Quebec Skilled Worker Program
- Quebec Experience Program
- Entrepreneur / Investor Program
In this Episode, Genna also shared some great news that her region in Quebec is seriously hurting for workers. If you or someone you know is interested in a job opportunity in Quebec check out this website: https://www.labeauceembauche.com/
In this episode Genna shared some of the advantages that exist for spouse's of foreign workers who wish to become the principal application in a PR application. I had asked her to confirm whether spouse's of refugees (on Canadian open work permits) would be eligible for some of these programs. However, Genna later confirmed with me that it wouldn’t be possible for the spouse of a refugee applicant to use these new avenues because they only apply to open work permit holders under s. 205(c)(ii) which would only include spouses of foreign workers and students.
[Tweet "What's new with Quebec Immigration"]
Additional Resources: * How to Contact Genna Evelyn: gevelyn@bbimmigration.com * Website: http://www.bbimmigration.ca/en/our-team/
Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
www.CanadianImmigrationPodcast.com
With the legalization of marijuana in Canada on October 17, 2018, there continues to exist tremendous confusion on how this will impact Canadian marijuana users travelling to the US and American's coming to Canada for a little "marijuana tourism". The issue is complex for individuals, but down right maddening for multinational companies sending employees back and forth across the Canada/US border on a daily basis.
In this episode, I was joined by Canadian and US Immigration Attorney Henry Chang who shared some great advice on the real dangers that exist for users of marijuana seeking to travel cross border between Canada and the US and some great tips for employees of Canadian marijuana companies travelling to the US.
Henry Chang, a partner with the law firm of Blaney McMurtry in Toronto, Ontario, has always been a great resource for anything related to cross border immigration. As an immigration lawyer/attorney licensed to practice immigration law on both sides of the border, he was the perfect choice to join me on this Episode to explore the hidden dangers and pitfalls that the legalization of pot in Canada has created for Canadians and Americans crossing the Canada/US border.
Henry is a member of the Law Society of Ontario and the State Bar of California. He is consistently ranked as one of Canada’s top lawyers by The Canadian Legal Lexpert Directory, Who’s Who Legal, and Best Lawyers. He also holds an AV (Preeminent) rating, the highest possible rating, from Martindale-Hubbell.
Henry is the chair of the firm’s Immigration Law Group. As a recognized authority in the field of United States and Canadian business immigration law, his style of legal representation is often referred to as the “gold standard” for cross-border mobility law. With limited exceptions, Henry personally supervises the preparation of such cases, in order to ensure the highest probability of a successful outcome.
Henry lectures extensively in Canada, the United States, and overseas. His work has been published in numerous nationally- and internationally- recognized publications, including LexisNexis’ Immigration Law & Procedure, which has been cited in over 300 Federal Court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme Court.
Two of Henry's more recent articles have propelled him forward as one of the go-to lawyers on this topic and landed him many interviews with media seeking to demystify some of the lesser known dangers that are lurking in the shadows for marijuana users crossing the border.
How the Legalization of Marijuana Will Affect Your Ability to Travel to the United States
Canadian Companies Should Educate Their Employees Prior to Marijuana Legalization
In this episode Henry and I covered the following topics:
- Canadians travelling to the US after legalization
- Employees of Canadian companies travelling to the US
- Americans coming to Canada for "marijuana tourism"
- Bringing marijuana across the border (into Canada or the US)
[Tweet "What you must know about Pot and cross border travel"]
Additional Resources: * How to Contact Henry Chang: https://www.blaney.com/contact-us * Website: https://www.blaney.com/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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For the past 15 years, I have routinely requested that my business immigration clients provide business plans to support the various business class applications I seek on their behalf in Canada. I never gave a thought to recommending the services of a business plan writing company....that is until I learned how great an impact they can have on the approval of a business immigration application.
In this episode, I was joined by Mariannella Manzur, Vice President at Joorney Business Plans who shared some great insight and opened my eyes to how outsourcing this essential component of a business immigration application can make all the difference in its success or failure.
Normally, I don't invite 3rd party vendors to join me on my Podcast. I tend to invite other practitioners to talk about the nuts and bolts of various Canadian immigration applications. However, as I have been doing more and more business immigration application as the Canadian economy continues to rebound, the need for solid business plans has become increasingly important.
Traditionally, I have left the development of these business plans to my clients. However, I have come to realize that not all business plans are created equal. In fact, a company can put together a fantastic business plan that is extremely persuasive for securing much needed financing, but completely useless for the purposes of securing a business visa.
As a business immigration lawyer, it is essential that I am doing everything in my ability to give my client the best chance of success. As I have become increasingly aware of the significant impact a well written business plan can have on the success or failure of my client's application, I would be borderline negligent not to introduce my clients to the possibility of outsourcing the business plan development to professionals.
Over the years I have danced around companies like Joorney Business Plans. However, it was not until recently that I truly discovered the broad scope of services they can offer to my clients... and that the costs of these services are entirely reasonable in the context of business immigration applications. In fact, they offer so much more than drafting a simple business plan.
Joorney Business Plans Joorney is one of the leading Business Plan writing companies in the industry. They specialize in providing custom business plan writing services and market analysis. Since 2012, they have completed over 2,500 projects with expertise in 120+ industries, and they can handle communications in many different languages. They have successfully established 500 B2B partners throughout the USA and continue to grow in Canada.
With their breadth of experience across many different industries, Joorney is ideally situated to support our client's in a variety of different areas including: consulting projects, strategic plans, investor approaches, market analysis and much more. The team at Joorney is flexible enough to adapts to the unique needs of our clients while provided extremely responsive service at competitive rates.
Joorney's main focus is business plans for immigration. They specialize in business plans for Provincial Nominee Programs, Intra-company Transfers, Self Employed, and LMIAs. They hand all aspects of business plan development. They also provide market research for clients wanting to enter the Canadian market.
Joorney is offering a 10% discount to everyone who let's them know they heard about them right here on the Canadian Immigration Podcast
After listening to what Marianella Manzur had to say about her company today, I can honestly say that they will become one of my go to companies for the development of business plans.....
.....tune in to this episode of the Canadian Immigration Podcast and you will understand why outsourcing the development of business plans to experts within the immigration field may be the best decision your client ever made.
In this episode we covered the following topics:
- Introduction of Joorney - Marianella Manzur and Joorney Business Plans
- Main Focus of Joorney:
- Business Plans
- Market Research
- Feasibility Analysis
- Financial Models
- Idea Selection Process
- Client Process Flow
- Competitive Advantage
[Tweet "Why outsourcing business plan creation for immigration makes sense"]
Additional Resources: * How to Contact Joorney Business Plans: + Phone: 18448298639 + Website: www.joorney.ca + Marianella's E-mail: marianella@joorney.ca
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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The renegotiation of the North American Free Trade Agreement (NAFTA) created a fair amount of anxiety for us immigration lawyers. What would they change? Would caps be put in place on renewals? Would certain professions be removed? Would the work permit options simply be scrapped? With all of the posturing of President Trump, these were all possible outcomes. On September 30, 2018, we learned the fate that awaited NAFTA....
Fortunately, all parties were able to recognize that the free flow of business personnel was in the best interest of all three member countries. When the dust settled, Chapter 16 of the newly branded United States Mexico Canada Agreement (USMCA) was left untouched. We can expect the USMCA to become law some time in early 2020.
Most business immigration lawyers, such as myself (and our clients) let out a significant sigh of relief.
Although some of us carried faint hopes that these negotiations would provide an opportunity to update the list of professionals to include digital media occupations that didn’t exist back in 2004 when NAFTA was created. We will continue to settle for the status quo.
So now that NAFTA has not been scrapped, I want to take this opportunity to remind all of you Canadian, American, and Mexican business owners why the USMCA is so important for the movement of cross-border personnel and why it would have truly sucked to see it go.
In this episode, Billie Young an ex-immigration officer like me and member of my immigration Team here at Stringam LLP, joined me to share our "Top 5 reasons why every Canadian, American, and Mexican company will love the USMCA just as much as they did the old NAFTA".
- Business Visitors - working in Canada without a work permit
- After-Sale Service Providers - service contemplated in original sales contract
- Professionals - hands down...the best work permit option
- Intra-company transferees - ideal for cross border transfers
- Traders / Investors - less useful; however, can fill some gaps left by the others
[Tweet "Top 5 reasons immigration lawyers love the USMCA"]
Additional Resources: * Mark and Billie's firm - Stringam LLP: https://www.stringam.ca/ * If you need help with obtaining a work permit under NAFTA (USMCA) you can book a consult here: https://www.stringam.ca/immigration-mark-holthe/ * Text of the proposed United States Mexico Canada Agreement (USMCA): https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/united-states-mexico * NAFTA (USMCA) Immigration Policy (Canada): https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/north-american.html * NAFTA Professional's List: https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/North-American-Free-Trade-Agreement?mvid=1&secid=8fd98e3e-4495-43a8-ba47-4a6955d6b5db#Ap1603.D.1
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
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So... IRCC is asking you to provide a police clearance. No problem...right? WRONG! Although obtaining police clearances for Canadian immigration purposes can seem like a pretty straightforward thing to do, if taken lightly, it can mean the difference between getting your application approved or rejected.
In this episode, Canadian immigration lawyer Shirish Chotalia joins me to discuss the ins and outs of the volatile area of police clearances and security screening. If you are involved in filing immigration applications, to any degree, you will not want to proceed any further before listening to this Episode.
In this episode Shirish and I discuss some of our craziest client experiences trying to get police clearances to satisfy IRCC's requirements. When it comes to pretty much any requested document these days, IRCC is ruthless. If you don't have it and can't provide it, by the time they want it, you can count on your application getting rejected.
Ms. Shirish Chotalia has more than 30 years experience in the field of immigration law. She has successfully opposed the decisions of the Minister of Citizenship and Immigration in the Federal Court and litigated complex cases since 1987. She has successfully conducted appeal hearings and managed complex immigration challenges.
If you have not yet had a chance, you can learn more about Shirish in Season 1 Episode 35 : Defending the Vulnerable – An Immigration Lawyer’s Story! This Episode was awesome. It really gives you a feel for who Shirish is and the great advocacy work she has done for her clients over the years....in many cases on a Pro Bono capacity.
In this episode, Shirish and I covered the following topics:
- Why are police clearances necessary?
- When is a police clearance needed.
- How to get a police clearance.
- Specific countries that can create problems for you and your client.
- Practice tips on obtaining police clearances.
[Tweet "Everything you need to know about police clearances"]
Additional Resources: * Shirish Chotalia's firm website: http://www.shirishchotalia.com/ * Best way to reach Shirish: info@shirishchotalia.com * General information on Police Clearances: https://bit.ly/2jdOAsD * How to get a police clearance: https://bit.ly/2u0GBoC
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Visa processing can be tricky business. Although IRCC has taken significant measures to streamline the process and make it easier for us to file applications online and through the various processing centres, inevitably efficiency of process runs into a wall.....for some of our clients, it can be a BRICK WALL. In this episode, Canadian immigration lawyer Christy Jones joins me to discuss some of the more challenging scenarios she has had to work through and together we share some strategies for helping you navigate those quirky cases we all seem to get from time to time.
As a young immigration lawyer, the best decision I ever made was to join the Canadian Bar Association's National Immigration section. Why?
Because it is probably the most collegial group of professionals in the country. There was always someone willing to share their past experience dealing with tricky situations. This willingness to share gave me access to a wealth of experience that allowed me the ability to quickly climb the steep immigration learning curve essential to practicing in this ever changing area of the law.
In this Episode of the Canadian Immigration Podcast, I was joined my immigration lawyer Christy Jones who practices out of her firm in Toronto, to share some insight on the world of visa office process from a practical perspective. Anyone can follow the IRCC guides and document checklists essential for filing a complete application. However, what do you do when things start to go off the rails and there is no instruction guide on how to deal with it?
This episode is devoted to a number of case scenarios where Christy and I share our thoughts on how best to deal with them. Our listeners will quickly discover that despite our many years of immigration practice, and our relatively consistent approach to most situations, there are times when our approaches to resolving an issue can be quite different. I guess this is what makes immigration so challenging, and yet so enjoyable....there is always more than one way to solve an immigration problem.
Here is a short list of the scenarios we discussed in this episode:
Scenario 1: Employee requiring a Work Permit, with one DUI is denied entry to Canada, and advised to seek a TRP through a visa office before attempting to re-enter. His intended position in Canada renders him eligible for expedited processing under the GSS.
Scenario 2: A GSS eligible application is to be prepared under the intra company transfer (specialized knowledge) provisions, but is not terribly strong. The applicant is visa exempt, but you are not sure whether an officer at the port of entry will agree with the specialized knowledge argument to be presented and the applicant has a long flight to Canada. You decide applying at the POE is too risky. Should you apply online to be processed under the GSS or submit the application to the IMWU for an opinion?
Scenario 3: Applicant with a Work Permit approved under the GSS arrives at the port of entry. The work permit is issued indicating that a medical exam is required within 30 days, however the applicant had not resided in a designated country, and there was no medical conducted toward Work Permit approval.
Scenario 4: An applicant eligible for a Work Permit exemption under the GSS is not issued a Visitor Record at the port of entry upon arrival.
[Tweet "Learn some tips on Visa Processing from experienced immigration counsel"]
Additional Resources: * The best way to reach Christy Jones: + E-mail: cjones@jonesimmigrationlaw.com * Christy's law firm Jones Immigration Law: http://jonesimmigrationlaw.com/ * Case Scenarios discussed in this Episode: Jones Visa Processing Scenarios
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Are you an Alberta based foreign worker frustrated with how high the CRS has climbed for Express Entry? Are you beginning to think you will never get an ITA? If this is you, the Alberta Immigrant Nominee Program's new Alberta Opportunity Stream may just be the solution for you.
In this Episode I am flying solo to waste no time in demystifying the recent changes to the Alberta Immigrant Nominee Program. I love to share information about immigration that affects my dear Province of Alberta. Finally, I have something to share that is actually a pretty big deal.
The Alberta Opportunity Stream was previously announced back in 2017 with a proposed launch date of January 2018. However, there was a fairly huge push back when stakeholders realized that anyone on an open work permit was going to be left in the dust when it came to getting nominations from the Province of Alberta. Credit to Brad Trefan and the other powers that be in Edmonton - they suspended the launch of the Alberta Opportunity Stream to listen to stakeholders and make sure they got it right. The local chapter of the Canadian Bar Association was one of many stakeholders who offered their thoughts on the proposed changes.
I think Brad and the gang actually did a pretty good job at getting the balance just about right!
On June 14, 2018 the Alberta Opportunity Stream was officially launched. In this Episode of the Canadian Immigration Podcast, I share my thoughts on the changes and highlight what this new Selection Criteria is all about.
[Tweet "Alberta Opportunity Stream comes to life."]
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Do you need to get documents translated quickly for your immigration application? Are you struggling with who to choose and how to know if the person doing the translation is worth their salt? Tune in to this Episode where I interview the owner of one of the most respected translation and interpreter companies in Alberta. Not only will you come away with essential tips on how to choose a translator, but greater insight on how difficult it actually is to translate properly. Join me as we pull the curtains back on the mysterious world of document translation and interpretation.
In this episode of the Canadian Immigration Podcast, I caught up with Monica De Maria, the Owner and President of Giovanni Translation and Interpretation located in Calgary, Alberta.
Giovanni Translation & Interpretation was formed 37 years ago in Calgary, Alberta. The company has grown over the decades and now offers translation and interpretation services in over 60 languages to the federal, provincial and municipal governments, oil companies, law enforcement agencies, the Courts, law firms, insurance companies, medical professionals, and community organizations.
The company was founded by Monica's parents and she has continued forward in maintaining the company as one of the most well respected translation and interpretation companies in all of Alberta and beyond. It was an absolute pleasure to interview Monica. As a lawyer or consultant advising on Canadian immigration matters, you are most assuredly going to have need of a translator or interpreter at some point in time.
Monica is a graduate of the University of Calgary, where she obtained a Bachelor of Science in Psychology with distinction and of the University of Ottawa, where she was granted a BA Honours in Translation Magna Cum Laude.
Following graduation, Monica launched her career as a professional translator and interpreter offering services in any combination of French, Spanish and English. She is recognized as a certified legal interpreter by both the Association of Translators & Interpreters of Alberta (ATIA) and the Alberta Court Interpreters Association (ACIA). She is also accredited by the Immigration and Refugee Board (IRB) as a French and Spanish interpreter and provides interpretation services to the IRB, Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (formerly known as CIC). She travels all over the province of Alberta to interpret at court proceedings and questionings.
In addition to her skills as a legal interpreter, Monica is also recognized as a French and Spanish medical interpreter. She completed the Health Care Interpreter program at Bow Valley College in both French and Spanish and interprets at hospitals and clinics and for Independent Medical Examinations. Moreover, Monica provides simultaneous interpretation services at conferences and for the government.
In this episode, we covered the following topics:
- The history of her company and how Monica got into translation.
- The difference between a certified and uncertified translator.
- The most common documents Giovanni translates for immigration purposes.
- The process involved in getting a document translated.
- How interpreters work with the IAD and IRB
- Tips for choosing a translator
- Best practices for working with a translator to get your documents translated fast.
[Tweet "Essential tips on getting your immigration document translated fast"]
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Are you considering sending one of your clients to a Canadian port of entry to benefit from faster processing? STOP! Listen to this Episode before you even think about doing this. Yes.....you will get faster processing - however, you may not be as thrilled with the decision you get on that application. Join me in this Episode where I share some of my own x-immigration officer insight on navigating Canadian ports of entry.
For the last couple of years, I have always followed an interview format on my Canadian Immigration Podcast. There has always been an awesome guest who joins me to discuss the various topics I cover on Canadian immigration. However, in this episode I decided to "go solo" for a change.
In the summer of 2002 (wow....it's hard to believe so much time as passed), this young fellow had the opportunity to work as an immigration officer at the Carway and Chief Mountain POEs straddling the Alberta/Montana border. To a large extent, my experience over that summer and the following year working as a "pro bono" slave to the hearings officer in Calgary while I finished up law school, shaped my desire to practice immigration law today.
I truly believe that those experiences gained working as an immigration officer have made me a better immigration lawyer today. I often find myself drawing upon those experiences when I advice clients and ultimately with the way in which I create my immigration applications and supporting documents. I will forever be grateful to all of the fine officers I worked with those many years ago.
A recent client experience shared with me by a friend and past colleague caused me to do this episode today. Navigating the Canadian POEs can truly be a Jekyll and Hyde experience. In this episode I shared a little insight that I hope will help you as you contemplate sending your clients through a port of entry for immigration purposes.
In this episode, I covered the following topics:
- Why are POEs more difficult today than they used to be?
- The cultural transformation that has gone on at Canadian POEs.
- My thoughts on why things are the way they are.
- Tips and strategies to help you when dealing with Canadian POEs.
[Tweet "Canadian POEs, a Jekyll and Hyde Experience"]
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At some point in July 2018, the recreational use of Marijuana will become legal in Canada....however, Prime Minister Trudeau has confirmed it WILL NOT be Canada Day (July 1, 2018). With the explosion of this new industry, there is going to be a significant need for Marijuana Professionals to fill labour shortages and skill gaps within this industry in Canada. Immigration Lawyer, Betsy Kane and I discuss some of the existing work permit options that may be available to secure work authorization for these specialized marijuana workers in Canada.
Betsy joined me once again to tackle this brand new topic that has not received too much coverage within Canadian immigration to date. However, it is clear that once recreational use of marijuana becomes legal in Canada, there is going to be a significant need for people with expertise in this unique industry.
If you would like to learn more about Betsy and her firm, listen in to Season 1 Episode 22 where Betsy discusses a little more about how she got into immigration and her firm Capelle Kane which has been operating in Ottawa since 1994.
In this first episode of 2018, Betsy and I covered the following topics:
- What is happening within the Marijuana industry in Canada.
- What types of workers and specialized personnel are going to be needed.
- The various work permit categories currently available.
- Trouble areas that could pop up
- Tips for helping your professional - look professional when apply for their work permit at the Port of Entry
[Tweet "How to Bring Marijuana Professionals into Canada"]
Additional Resources: * The best way to reach Betsy Kane: + Capelle Kane law firm: http://www.capellekane.com/ * Legalization and Regulation of Cannabis in Canada: https://www.canada.ca/en/services/policing/justice/legalization-regulation-marijuana.html * Global Talent Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html * LMIA Process: https://www.canada.ca/en/employment-social-development/services/foreign-workers.html * NAFTA Professionals: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/north-american.html * International Experience Canada: http://www.cic.gc.ca/english/work/iec/eligibility.asp * C10 - Significant Benefit: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/canadian-interests-significant-benefit-general-guidelines-r205-c10.html
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The Manitoba Provincial Nominee Program recently announced some pretty sweeping changes to come into effect in 2018. As the pioneer of PNP programs across Canada, the Province of Manitoba has always been a trend setter in developing creative ways to encourage settlement in their province. In this episode I invited back Canadian immigration lawyer Alastair Clarke to join me to talk about these changes.
Alastair began working with immigration issues as a student leader at the University of Victoria in 1996. For almost 20 years, Alastair has been active with immigrant communities. Alastair’s current legal practice encompasses all areas of immigration and refugee law.
Alastair joined my previously in Season 1 Episode 25 where we talked about his background and how he got into immigration in the first place. If you'd like to learn more about Alastair, I would encourage to you go back to this past episode to get to know Alastair a little better.
In this Episode we covered the following specific topics related to the recently announced changes to the Manitoba PNP:
- What has been the focus of the MPNP over the past years?
- What are the announced changes and how do they propose to change the program?
- New focus on "in demand occupations.
- New focus on STEM graduates.
- Changes to the business stream.
[Tweet "Manitoba Provincial Nominee Program - Changes coming for 2018"]
Additional Resources: * The best way to reach Alastair Clarke: + E-mail: info@apply2manitoba.ca + Alastair's law firm Clarke Immigration Law: http://www.apply2manitoba.ca/ * Manitoba Provincial Nominee Program: http://www.immigratemanitoba.com/ * Announcement: Atlantic Immigration Pilot
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The Atlantic Immigration Pilot may just be the best immigration program in existence in Canada today. In this Episode, Canadian Immigration Lawyer Janet Thompson-Price shared some insight on the program that you will not want to miss. I truly believe this program has been the best kept secret of all the various Provincial based programs currently in operation across Canada and one I hope it becomes permanent for the Atlantic Provinces.
Janet Thompson Price earned her Bachelor of Business Administration and Bachelor of Laws degree from the University of New Brunswick. Upon graduation, Janet articled with the Atlantic Canadian law firm of Stewart McKelvey where she remained for a number of years in their litigation department.
Janet is the current Section Chair for the New Brunswick branch of the Canadian Bar Association's Citizenship and Immigration Law Section. Janet has been invited to speak at countless immigration conferences both within New Brunswick and across Canada.
In 2009, Janet was chosen to be one of the esteemed 21st Leaders for the 21st Century where she was fortunate to travel across New Brunswick meeting dynamic New Brunswickers both in the public and private sectors. This invaluable experience has shown how local business people are thriving in a global economy.
Janet has served on a number of community boards including the Saint John Multicultural and Newcomers Resource Centre, and the Saint John YM-YWCA.
Her proudest accomplishment is her family. Janet and her husband Todd are the proud parents of 3 children.
Janet is passionate about helping people immigrate to Canada. As a daughter of immigrant parents , she remembers the proud day her parents became Canadian Citizens.
In this Episode we covered the following specific topics related to the Atlantic Immigration Pilot program:
- What is it and why was it created?
- How does the program work?
- How does an employer the employer designation process work?
- What are the various program within the Pilot?
- How long does it take to process applications?
[Tweet "Atlantic Immigration Pilot - Everything you wanted to know!"]
Additional Resources: * The best way to reach Janet Thompson-Price: + E-mail: janet@thompsonpricelaw.com + Facebook: Thompson Price Law + Janet's law firm Thompson Price Law: http://www.thompsonpricelaw.com/ * Infographic on the Atlantic Immigration Pilot
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With the annual Parental Sponsorship lottery opening up in January 2018, the timing is perfect for an Episode dedicated to the Canadian Parental Sponsorship process. If you are considering filing an application to sponsor a parent or grandparent from abroad don't even think about submitting that application until you have listened to what Canadian Immigration Lawyer Ravi Jain had to say.
It was great to have Ravi Jain of Green and Spiegel in Toronto, join me to discuss this very timely topic. If you want to learn more about Ravi, you can listen to his background in Season 1 Episode 17 - Canadian Spousal Sponsorship - Can you really afford to make a mistake? Ravi has distinguished himself as one of the leaders in our immigration field in Canada. However, when you listen to him on this Episode, you will very easily see that he is....simply put.....an "awesome" guy...super generous with his knowledge and an overall good guy....right to the core - who practices entirely in the right way.
In this Episode we covered the following specific topics:
- What is the Parental Sponsorship process?
- What are the qualification requirements?
- Help tips on ensuring your Sponsorship is not rejected.
- What to do if you are facing a refusal?
[Tweet "Are you ready for the Parental Sponsorship Lottery?"]
Additional Resources: * The best way to reach Ravi Jain: + E-mail: ravij@gands.com + Phone: 416-866-2186 + Ravi's law firm Green and Spiegel: http://www.gands.com/home * Federal Court Case discussed in our Podcast: Nematollahi v. Minister of Citizenship and Immigration 2017 FC 755
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Are you a foreign national dreaming of immigrating to Canada through Express Entry, but struggling to score high enough on the IELTS exam to qualify. If you are... you are not alone! Over 1/3 of the comments on my Express Entry Law facebook group (now over 80,000 strong) relate in some way to that darn english test.
In this episode, former IELTS examiner and now English language instructor, Kris Enders joins me to pull the curtain back on the IELTS exam and share some essential tips on how to not only improve your current score, but rock the exam!
Although this topic departs slightly with the traditional immigration law theme on my Podcast, when over 1/3 of the comments on your Canadian immigration social media platform are focused on the IELTS exam, it's time to shed some light on this nasty little beast that torments so many people.
I was introduced to Kris Enders, former IELTS examiner and now founder of the Canadian Mosaic English School when he found his way onto my Express Entry Law Facebook Group a few months back. Within a very short period of time, I knew that he was someone I could endorse. As a former high school teacher myself, his methods and strategies for mastering the IELTS exam were exactly in line with my approach to teaching.
After spending some time with Kris, I knew instantly that I need to get him on the Podcast so that he could share his knowledge and experience with not only all of you listeners to my Podcast, but many of your clients who are actively trying to obtain that elusive Invitation to Apply (ITA) through Express Entry. I know that anyone who takes the time to listen to this Podcast is going to realize why Kris is the "go-to" guy for improving English language abilities.
In this Episode we covered the following specific topics:
- How student perception of the exam affect their success.
- Why IELTS prep books really don't help in scoring above a CLB7.
- Why learning more vocabulary is not going to translate into the highest IELTS scores.
- The greatest mistake people make when trying to improve their reading scores.
- Understanding why scoring high on listening is really 50% reading skills.
[Tweet "Essential tips to improve your IELTS scores?"]
Special Discount for Canadian Immigration Podcast Subscribers Kris and I got together to offer a discount to CIP listeners who are interested in taking some of Kris' online training. If you let Kris know you heard about him through the "Canadian Immigration Podcast", he will give you 10% off his regular rates. Regardless of the discount, it will be money well spent.
Additional Resources: * The best way to reach Kris Enders: + Facebook Page: https://www.facebook.com/mosaicenglishschool/ * Special Resource Provided by Kris: 5 Tips for Language Test Success
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Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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Although the topic of government sponsored refugees has dropped slightly off the political landscape, the notion of privately sponsored refugees is still very much a topic of interest amongst Canadians. In Season 1 Episode 29 Canadian immigration lawyer Ronalee Carey joined me to talk about her experience working with the G30+ Ottawa Constituency Group who were involved in the private sponsorship of refugees to Canada.
Because of the success of that Episode, I just had to have her back to provide us with an update regarding a particular Syrian family that has now landed in Canada through the work of Ronalee and the other members of the G30+ Group. However, the real value Ronalee provides in this Episode is the amazing insight she shares regarding the government's Blended Visa Office Referral program....a program Ronalee strongly encourages all of us to get involved with.
You can read a more detailed explanation of the process in this excellent paper prepared by Ronalee's law office entitled: An Overview of the Canadian Private Sponsorship of Refugees Program.
In this Episode we covered the following specific topics:
- What are BVOR sponsorships (Blended Visa Office Referred), and how they differ from other private sponsorship arrangements.
- What are the financial obligations for sponsors
- What is the application process like, and how long does it take
- How do you work with individuals with whom you do not share a language?
- Once the refugees arrive in Canada, what are the sponsor’s obligations and how is all of this managed with a large group of volunteers
- The extent to which other countries are now starting to follow Canada’s lead, and start their own private sponsorship of refugees program
[Tweet "What is the BVOR Refugee Program? How can I get involved?"]
Additional Resources: * The best way to reach Ronalee: + E-mail: rcarey@ronaleecareylaw.ca + Phone Number:(613) 564-8301 + Ronalee's law firm: Ronalee Carey Law: http://ronaleecareylaw.ca/ * An Overview of the Canadian Private Sponsorship of Refugees Program - by Ronalee Carey Law Office * History of Refuge in Canada (Government of Canada Document): http://www.cic.gc.ca/english/games/teachers-corner/refugee/refuge.asp
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
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If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
www.CanadianImmigrationPodcast.com
Are you currently outside of Canada needing to extend an expiring PR Card? Are you concerned about the very real possibility of losing your Canadian PR status**? If you answered yes to either of these questions, this Episode of the Canadian Immigration Podcast is for you.
In this episode, Canadian immigration lawyer, Robert Leong joined me to examine this topic in detail. He shared some great insight on why complying with IRCC's periodic request to apply for a Permanent Resident Travel Document, can create some unexpected and harsh consequences. This is one you will not want to miss!
It was great to have Robert join me again to discuss another great Canadian immigration topic. To learn more about Robert and how he got into immigration in the first place, check out the interview I did with him in Season 1 Episode 31 where we talked about challenges with the LMIA advertising requirements.
In this Episode, Robert builds on the previous interview I did with Canadian immigration lawyer Chantal Desloges in Season 2 Episode 3 on "Retaining Permanent Resident Status". Robert shares some extremely valuable insight on the dangers of following a visa officer's instructions to apply for a Permanent Resident Travel Document to return to Canada when an application has already been submitted to extend an expired PR Card.......listen in to learn what Robert has to say!
In this Episode we covered the following specific topics:
- Overview of PR residency obligations
- Exemptions to the 2 in 5 rule
- PR Card processing delays
- Why you should be concerned when IRCC tells you to apply for a PRTD
- Tips for extending your PR Card if living outside of Canada
[Tweet "Tips for Extending your PR Card when outside Canada"]
Additional Resources: * The best way to reach Robert: + E-mail: info@canadavisalaw.com + Phone Number: (604) 875-9338 + Robert's law firm: Lowe and Company:http://www.canadavisalaw.com/ * OP 10 Section 5.1 (Old Manual): www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf * Khan v. Canada (Citizenship and Immigration), 2012 FC 1471: http://bit.ly/2wVUHH8
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Canadian Immigration Podcast
Have you ever wondered why the Province of Quebec has a separate immigration program?
In this episode of the Canadian Immigration Podcast, I caught up to Quebec Immigration Lawyer Genevieve Henault who took some time to answer this question as well give us a great overview of the various permanent and temporary immigration options unique to the Province of Quebec.
One thing is for certain, after listening to Genevieve's interview, she just about makes me want to relocate to Quebec....just about, that is!
Genevieve joined me to share some insight on Quebec Immigration Programs. This is something that we have not yet had an opportunity to address on the Podcast and as such, I was delighted to have Genevieve join me to share from her wealth of experience practicing as an immigration lawyer in Quebec.
Genevieve Henault practices with the law firm of Gomberg Dalfen S.E.N.C. in Montreal, Quebec. She was called to the Quebec bar in 1999 and has been with Gomberg Dalfen since 2008. Prior to that she had her own law office from 2000 to 2007 where she was a frequently speaker and presenter all over the world, representing clients from all over the globe including Europe, Africa, South America and Asia.
Genevieve has served as an Executive Member of the Canadian Bar Association's Quebec Division of the Citizenship and Immigration Section since 2004. She has been a frequent speaker at various Canadian Bar Association Immigration Conferences and other immigration related events.
In this Episode Genevieve walked us through some of the main permanent resident and temporary work permit options that are available to foreign nationals seeking to live and work in the Province of Quebec:
- Permanent Residence:
- Investors
- Entrepreneurs
- Self-employed
- Quebec Experience Class
- Skilled Workers
- Quebec Graduated
- Quebec Regular Skilled Worker Program
- Permanent Job Validation
- Temporary Work Permits:
- Quebec Simplified LMIA process
- Quebec Bridging Work Permits (exemption code A75)
[Tweet "Quebec Immigration Options"]
Additional Resources: * The best way to reach Genevieve Henault: + E-mail: ghenault@gombergdalfen.ca + Phone Number: (514) 845-0990 * Genevieve's law firm: Gomberg Dalfen S.E.N.C.:http://www.gombergdalfen.ca/
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
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Each fall, Immigration, Refugees and Citizenship Canada releases their annual Immigration Levels Plan. Currently these levels are set at just over 300,000 for 2017. This sure seems like a lot of new immigrants. However, have you every really thought about how many actually stay in Canada after they arrive? This is the question Canadian Immigration lawyer Carter Hoppe and I discussed in Episode 10 of the Canadian Immigration Podcast.
This is the second time Carter Hoppe has joined me on my Podcast. Previously, Carter and I discussed the various immigrant investor programs in Canada and abroad in Season 2 Episode 2. Carter did such an awesome job in that Episode, that I just had to have him back.
Carter is a Member of the Law Society of Upper Canada and practices out of his office in Dubai, UAE.You can learn more about Carter’s background from the show notes in Season 2 Episode 2.
In this episode Cater and I discuss the effect the residency requirements have had on Canadian permanent residents who have not yet decided, or who may not yet be ready to centralize their mode of existence in Canada just yet. In other words, there are a fairly significant portion of those 300,000 newly landed PRs who may, for a number of reasons, choose not to remain in Canada.
So how does this fact impact on IRCC’s Annual Levels Plans?
Does IRCC even track this information?
So if you are an official within IRCC who has knowledge regarding the statistics for PRs who ultimately renounce or otherwise lose their PR status, we would love to get our hands on that data. You can send me an e-mail to mholthe@stringam.ca if you’d like to share it because I really do not want to have to file…yet another….ATIP request. 🙂
In this Episode Carter and I discussed the following:
- maintaining residence in Canada and another country;
- loss of PR status through informal breaches of residency obligations;
- loss of PR status through formal renunciation; and
- Canada’s Annual Levels Planning.
Should I Stay or Should I Go – Choosing to Remain a Canadian PR! CLICK TO TWEET
Additional Resources: * The best way to reach Carter Hoppe: carter@carterhoppe.com * IRCC Levels Planning 2017: http://www.cic.gc.ca/English/department/media/notices/2016-10-31.asp * Standing Committee Report on Consultant Regulation: https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/report-11/
Topics for our Next Podcast If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
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If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
In Season 1 Episode 15 released on May 11, 2016, I invited Canadian immigration lawyer Chris Veeman to join me to talk about the "then" recently announced changes to the Canadian citizenship process. Well it's been over one full year later and we are still waiting....
In this Episode I invited Chris back for an encore performance to bring us up to speed on where we are at right now and how much longer we are going to have to wait to see these significant changes become law.
Chris Veeman is a Member of the Law Society of Saskatchewan. He practices immigration law in Saskatoon within his own law office, Veeman Law.
He is a graduate of the University of Toronto Faculty of Law (2003). A former Federal Court of Canada law clerk to the Honourable Madam Justice Sandra J. Simpson, he has been practicing immigration law since 2003. He has been based in Saskatoon (his home town) since 2004.
He has been invited to appear as a witness on citizenship matters before the Parliamentary Standing Committee on Citizenship and Immigration on several occasions (2008, 2014, 2016), and has represented clients in numerous high-profile refugee, immigration and citizenship cases.
He served as an Executive Member of the CBA’s National Immigration Law section (2012, 2013, 2014, 2015, 2016) and authors the Chapter on the Saskatchewan Immigrant Nominee Program in Carswell’s text A Practical Guide to Provincial Nominee Programs in Canadian Immigration Law.
In this episode Chris and I discuss the following changes that will be coming (hopefully before Canada Day, July 1, 2017) to Canada's Citizenship process :
- revocation of citizenship;
- reversal of the past Conservative government's changes to residency requirements;
- how time spent as a temporary resident will be counted towards eligibility for citizenship;
- age limits for language testing.
[Tweet "Changes to Canadian Citizenship are almost here!"]
Additional Resources: * The best way to reach Chris Veeman: www.veemanlaw.com * Current Citizenship Policy: http://www.cic.gc.ca/english/resources/tools/cit/index.asp * Current Status of Bill C-6: http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?billId=8117654&Language=E&Mode=1
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
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Finding out that you, or a dependent family member, may be medically inadmissible to Canada can be one of the worst days of a foreign national's life. Just when the prospect of becoming a Canadian permanent resident is clearly in sight, you receive a fairness letter from IRCC that threatens to unravel everything you have worked so hard to achieve. In this episode of the Canadian Immigration Podcast, I was extremely fortunate to catch up to one of the country's foremost experts on medical inadmissibility, Mario Bellissimo. Mario has pretty much established himself as the go to immigration lawyer for any foreign national facing the terrifying reality of an IRCC procedural fairness letter related to medical inadmissibility.
If you have just received a fairness letter from IRCC, do not do anything until you have first had a chance to listen to what Mario has to say. It could just mean the difference between realizing your dream of immigrating to Canada and being forever barred from ever becoming a permanent resident.
Mario Bellissimo is the founder of Bellissimo Law Group in Toronto, Ontario. He is a Certified Specialist in Citizenship and Immigration Law and Refugee Protection with a practice focused on litigation and immigration inadmissibility. He is truly the perfect choice to discuss this complex area of Canadian immigration law.
Mario has appeared before all levels of immigration tribunals and courts including the Supreme Court of Canada. He is a Past Chair of the Canadian Bar Association National Immigration Law Section and serves on multiple stakeholder committees involving IRCC, the CBSA, Service Canada, the Federal Courts, the Department of Justice, the Immigration and Refugee Board and Continuing Legal Education.
He has consistently been chosen by his peers as one of the Best Lawyers in Canada garnering Lawyer of the Year honours with “Best Lawyers” for 2016. This is the only purely peer reviewed guide to the legal profession.
In this episode Mario shares with us his Top 5 considerations when responding to a fairness letter related to medical inadmissibility.
- the importance of requesting an extension of time to provide fuller and more comprehensive submissions and supporting evidence;
- the need to address the legal timeline within submissions and evidence;
- the consequences of failing to properly research and understand the interplay between Federal and Provincial delivery of health and social services and private versus public health coverage;
- applying the right legal test;
- knowing the case that must be met to succeed.
[Tweet "What to do when faced with medical inadmissibility in Canada."]
Additional Resources: * The best way to reach Mario Bellissimo: + info@bellissimolawgroup.com + 1-877-787-8850 (toll free) + 416-787-6505 (local) * Mario's law firm - Bellissimo Law Group: https://www.bellissimolawgroup.com/ * Medical Inadmissibility Page: https://www.bellissimolawgroup.com/medical-cases/ * Latest Immigration Court Decisions: https://www.bellissimolawgroup.com/medical-refusals/ * Canadian Citizenship and Immigration Inadmissibility Law, 2nd Edition: http://www.carswell.com/product-detail/canadian-citizenship-and-immigration-inadmissibility-law-2nd-edition/ * Radio Interview: Mario D. Bellissimo Interviewed by John Oakley on AM640 (A foreign national who was denied Permanent Residence due to autism): http://bit.ly/2paVQYt
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
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There is often a love hate relationship that exists with the various Provincial Nominee Programs across the country. The Ontario Immigrant Nominee Program is no different. With limited quotas each year and significant processing delays, it makes it very difficult for immigration counsel to recommend the program for anyone that is under time constraints or other time sensitive limitations where certainty in processing is critical. In this episode, immigration lawyer Sarah Fagan shares some insight on what is going on within the OINP today and what we might be able to expect in the near future as it struggles to reinvent itself as a more attractive option for foreign nationals seeking to become permanent residents of Canada.
In this episode, I had a chance to talk to Sarah about her experience immigrating to Canada as a skilled worker. Although she is now a permanent resident of Canada practicing immigration law with the law firm of Rekai LLP in Toronto, she had quite humble beginning as she carved out her own path to practicing law in Canada. Her story is fascinating and inspiring for anyone who is wondering if they have what it takes to make it as a professional in Canada.
Sarah was admitted to the Roll of Solicitors in the Republic of Ireland in 2009, and to the Roll of Solicitors in England and Wales in 2010. She holds a Bachelor of Civil Law (Honours) Degree from University College Dublin. Sarah was called to the Bar of Ontario in 2014.
Sarah joined Rekai LLP in March 2014, having gained several years of corporate immigration law experience with the Toronto office of a prominent international law firm. She has experience assisting clients with a variety of immigration matters, including: labour market impact assessments, employer compliance reviews, work permits, study permits, visitor records, temporary resident visas, temporary resident permits, criminal rehabilitation, permanent residence and citizenship.
In this episode Sarah and I discussed the following topics:
- what the Ontario Immigrant Nominee Program is all about;
- the types of programs that are available;
- processing times and other challenges;
- how the new online system works and the OINPs transition to online filing;
- tips and strategies for avoiding the most common pitfalls;
- what the future holds for the OINP.
Sarah also shared the following information with me after the recording of this episode that she thought everyone might find helpful:
"Key points that I should have covered re Notifications of Interest – NOIs - is that individuals who are in the pool with 400 points upwards who qualify for Ontario Human Capital Priorities Stream (OHCPS) who have not received an NOI since the program re-opened on Feb 21, 2017 and want to avail of the OHCPS, should create and submit a new profile to better their chances of receiving an NOI – apparently this is due to some glitch between IRCC and the OINPs systems. It is something that they have posted a notice about in the past during the infancy stages of OHCPS on their website, but there is no notice about it at present. Also, there is no automatic notification of an NOI via email. You must check your IRCC online account regularly for same.
I also should have mentioned reconsiderations [of refused applications] during our chat, which have recently moved from a paper process to an online process – unfortunately our experience with those has not been positive and once again, they are extremely slow."
[Tweet "What does the future hold for the Ontario Immigrant Nominee Program."]
Additional Resources: * The best way to reach Sarah Fagan: sfagan@mobilitylaw.com * Sarah's law firm Rekai LLP: http://www.mobilitylaw.com/ * OINP Tip Sheet for Online Filing: oi_en_efiling * E-mail address for technical issues with an online OINP application or the OINP e-filing portal: OINP.technical-POCI.technique@ontario.ca * One-key login: https://www.one-key.gov.on.ca/iaalogin/IAALogin.jsp * One-key registration: https://www.appenrol.one-key.gov.on.ca/UserMgmtWebApp/registration.iaa * OINP Program Updates page: http://www.ontarioimmigration.ca/en/pnp/OI_PNPNEW.html
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
If you are a foreign doctor wondering what it takes to actually practice medicine in Canada, this Episode is for you. Immigrating to Canada is often the easy part - understanding what it takes to actually qualify to work as a doctor is something entirely different.
Canadian immigration lawyer, Irma Roberts joined me to shed some much needed light on this very confusing and difficult process.
I am sure most of us have heard the failings of our old Federal Skilled Worker Program which opened Canada's doors to permanent resident status for foreign trained doctors only to see them driving taxis when they arrived. In this episode Calgary, Alberta based immigration lawyer Irma Roberts joins me to explain exactly what an International Medical Graduate needs to do to qualify to practice medicine in Canada.
Irma Roberts has likely represented more foreign trained doctors in their efforts to become permanent residents of Canada than any other immigration lawyer in the country. Having her come on the Podcast was a complete no-brainer.
Irma practices out of her own law firm in Calgary, Alberta. She has been involved with the Canadian Bar Association's local immigration section for a number of years including serving as the Chapter Chair and in a number of other capacities. Irma is heavily involved in volunteer work in Calgary currently serving as a Director on the Board of the Sunrise Community Link, a local anti-poverty organization. She is one of those lawyers that is doing it right. She cares about her clients and takes her responsibility to give back to the community very seriously.
In this episode Irma and I discussed the following topics:
- the difference between working as a physician in Canada and immigrating as a physician;
- what is an international medical graduate (IMG);
- how to verify your qualifications as a physicians;
- what is the evaluation exam;
- can IMGs do their residency in Canada;
- how does the resident matching program work; and
- what are the best options for obtaining PR status in Canada.
[Tweet "How foreign doctors can immigrate and practice as doctors in Canada."]
Additional Resources: * The best way to reach Irma Roberts: irmaroberts@shaw.ca * Irma's law office: http://www.irmaroberts.com/ * Physician's Apply Website: http://physiciansapply.ca/ * Sunrise Community Link: http://www.sunriselink.org/ * Canadian Resident Matching: http://www.carms.ca/en/
Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
As many are likely aware by now... US President Donald Trump is acting quickly on his campaign promises. Through the use of some very strategic executive orders, he has shaken the very foundation of immigration law and policy in the United States. Although this Podcast is traditionally devoted to Canadian immigration, my special guest Heather Segal, a Canadian immigration lawyer and US immigration attorney, shares insight on not only what is happening in the US, but the potential impact it could have for Canadian immigration.
If you think what is happening in the US will have no impact on us in Canada, listen to what Heather has to say... you might just have a different outlook when you are finished!
If you are anything like me, you are probably wondering what the heck is going on south of the border. Although many of us thought President Donald Trump would do some pretty crazy things while in office, I'll bet none of you thought he would act so quickly to ensure his campaign promises became a reality. I am seriously starting to think that President Trump's wall between Mexico and the US might actually happen....... who actually "pays for it" is an entirely different topic.
Heather Segal and I had a great time talking about what is happening in the US and musing over the possible ramifications, both good and bad, for immigration in Canada. One thing is certain, we will be impacted one way or another. With any luck for us immigration lawyers, Canadian immigration will be booming once again in just a few short months.
Heather Segal is founder of Segal Immigration Law in Toronto. She is widely recognized for her expertise in immigration law and she speaks regularly at conferences and seminars throughout the world. Heather practices exclusively in the area of Canadian immigration law and American Consular and Border immigration law.
She has spent a decade as a Director on the Board of the American Immigration Lawyers Association (AILA). She is currently a member of the AILA Customs and Border Protection National Liaison Committee. She was voted by her peers as one of the world’s leading practitioners in corporate immigration law in 2018 in Who’s Who Legal - Corporate Immigration, a distinction I am also grateful to have received.
In this episode Heather and I discussed the following topics:
- background on the current executive orders and what they mean;
- how US immigration policy compares with immigration policy in Canada;
- the potential impacts of US immigration policy on Canadian immigration;
- what President Trump intends for H1B and L visas in the US; and
- what does President Trump have in store for NAFTA.
[Tweet "How will Trump's immigration policy impact on Canada."]
Additional Resources: * The best ways to reach Heather Segal: + E-mail: heather@segalilaw.com + Phone: 416-656-2345 + LinkedIn Profile: https://www.linkedin.com/in/heathersegal1 * Heather's firm Segal Immigration Law: http://segalilaw.com/ * Full Text of Trump's Executive Order - "Protecting the Nation from Foreign Terrorist Entry into the United States": http://www.npr.org/2017/01/31/512439121/trumps-executive-order-on-immigration-annotated
Listen to Mark Holthe's Canadian Immigration Podcast Topics for our Next Podcast [reminder]If you have a suggestion for topics we could cover in the Podcast, please drop me a line. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn[/reminder]
Binge on all of our Canadian Immigration Podcast Episodes! If you want to listen to more episodes, you will find all the episodes here.
Ask Mark an Immigration Question Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.
Subscribe to the Canadian Immigration Podcast If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love
http://www.canadianimmigrationpodcast.com
Welcome Peter Rekai - Canadian Immigration Lawyer
Introduction to the Self Employed Category
How did you get into immigration?
Intro: Today we are going to be covering one of the most often neglected areas of PR in Canada… the Self Employed Category
Who is covered by the self employed category? I think the first issue under the self-employed category is to dispel the thought that self employed means any business of which you are the sole proprietor. It is limited to the three categories of cultural, athletic and farm manager.
The programme is designed for people that live off contract to contract engagements not one for those who expect to work a 40 Hour Week for a single employer
Let’s start with athletes - One issue with the athletic category is that you don't actually have to be the athlete. You can be a coach, trainer or even in athletic management. The same is true in the cultural Industries. You don't have to be the singing star; you can be involved in set design etc.
What constitutes suitable experience - We can discuss what constitutes suitable experience in order to be eligible in this category. We can also discuss what constitutes evidence of a likelihood to be self-sufficient in your occupation.
What about significant contribution to the Canadian scene - There is also the question of what constitutes a significant contribution to the Canadian scene. This may actually vary if you are a self-employed high-end music teacher in Toronto versus one who is providing this service in a small town in Atlantic Canada which has no music teachers at this level.
There is a point system. How difficult is it to meet this standard? There is actually a point system which I kind of ignore when it comes to self employed people. If someone is deemed to meet all the criteria they actually get 35 out of 100 points which is all they need. So proof of education and English are actually not necessary... although a lack of any English would certainly be a hindrance in any of these fields.
Let’s talk about Farm Managers - As for Farm managers, apparently there are lots of those applications that come into Visa offices in Pakistan Bangladesh and India. We can talk about how running a small Bangladeshi farm would likely not be considered as suitable experience to run a hundred+ acre modern farm in Saskatchewan
Becoming a permanent resident of Canada has never been more difficult. Knowing how to keep that residency in changing life circumstances can be just as important....in fact, possibly even more important! In this episode I caught up with immigration lawyer Chantal Desloges who practices in Toronto, Ontario to share some insight on this increasingly important area of immigration law. If you are a permanent resident of Canada wondering if you have done enough to maintain your PR status, this episode is for you.
If you go to virtually any of the online newspaper or television websites in Ontario and search immigration lawyer, you are almost certain to find Chantal Desloges. She is a regular immigration commentator on CTVs Power Play, and has been interviewed and quoted in both national and local television and newspapers on a variety of Canadian immigration related topics. Chantal has also been a regular organizer and participant in community education programs by giving speeches, lectures and training seminars to not only the community at large, but to other immigration practitioners as well.
Chantal is certified as a Specialist in both Immigration and Refugee Law with the Law Society of Upper Canada and practices out of her own firm Desloges Law Group in Toronto, Ontario.
If you are a permanent resident of Canada and are concerned that you may not have met the residency obligations to keep this status, this Podcast is going to be invaluable to you. I can guarantee that you are not going to get this level of insight and detail on maintaining Canadian permanent resident status anywhere else. And if you can find it somewhere else, you are definitely paying for it.
In this episode Chantal and I discussed the following topics:
- the difference between permanent resident status and the permanent resident card;
- calculation of the 5 year residency period;
- physical presence exceptions (accompanying spouse and working abroad);
- how to return to Canada with an expired or missing PR card;
- when a residency determination is triggered;
- what to do if written up for breach of residency obligation; and
- how to relinquish PR if necessary.
If you are a foreign national seeking to immigrate to Canada through an investor program, you better listen to what immigration lawyer Carter Hoppe has to say first. Carter demystifies a fairly confusing area of immigration law that many of us immigration lawyers shy away from. After listening to this Podcast, you may just want to consider getting into the immigrant investor world....and when I say "world", I mean it.....Carter talks just as much about opportunities in the world as he does in Canada.
I was absolutely delighted that Carter Hoppe was able to join me in this Episode of the Canadian Immigration Podcast. Carter is one of the grandfathers of the practice of immigration law in Canada and one of the founding members of the national immigration section of the Canadian Bar Association.
The thing I like most about Carter is his story telling ability. You don't even realize how much you are learning from him because he carries you away with the intriguing "real life" examples he gives to illustrate his point.
Carter has been certified as a Specialist in Canadian Immigration Law with the Law Society of Upper Canada since 1993 and has been practicing out of his office in Dubai, UAE since 1994. He is ideally situated to share in depth knowledge on all facets of immigrant investor programs. In fact, to all of you who feel that immigrant investor programs are evil, you really need to listen to what Carter has to say regarding the tremendous benefits of these programs to Canada as a whole.
In this episode Carter and I discussed the following areas:
- What is the difference between entrepreneur and investor programs?
- Why did the Federal government pull away from immigrant investor programs?
- What are the benefits of programs that select immigrants based on financial capital?
- What are some of the best strategies for high net worth individuals who want to immigrate to Canada... or another country for that matter?
- Why should Canada bring back immigrant investor programs?
- Which Provinces have programs available for investors and entrepreneurs?
[Tweet "If you are rich and want to immigrate to Canada, here's how."]
Additional Resources: * The best way to reach Carter Hoppe: carter@carterhoppe.com * Carter's firm Carter Hoppe Legal Consultants: http://www.carterhoppe.com/ * Canada's Immigrant Investor and Entrepreneur Programs - Closed: http://www.cic.gc.ca/englisH/immigrate/business/investors/index.asp
Congratulations to our New Canadian Immigration Minister * New Immigration Minister Ahmed Hussen, Video: "From Refugee to Rookie MP": https://www.youtube.com/watch?v=LhN0_w288Uk * Swearing in Ceremony, Minister Ahmed Hussen: https://www.youtube.com/watch?v=yK6LwzxplUI
CIP Show Notes: Season 2 – Episode 1
Richard Kurland – Policy Analyst and Lawyer
Today I am here with Canadian immigration lawyer Richard Kurland who will be addressing one of the most common enquiries I get on a daily basis, and likely many other immigration lawyers as well:
“What to do when you Canadian Immigration Application is refused.”
Welcome to the Podcast Richard.
Introduction of Richard.
Question: How did you get into Immigration?
Today we are going to discuss the options that are available to someone who has had their Canadian immigration application refused.
Question: you have a client who comes into your office and tells you that their immigration application has been refused? Can you share with us the steps you follow to find a solution for these individuals.
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Consult
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Reconsideration
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Re-apply
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Federal Court… worth it or not?
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MP
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Media
How Can you be reached if people who would like to retain you to help them with any immigration matter?
Richard’s contact: lexbase@canimmigrate.com
Thank you so much for joining us.
Canadian Immigration Podcast: Saskatchewan Immigrant Nominee Program
If you are a foreign national planning on immigrating to the Province of Saskatchewan or a human resource manager seeking a way to retain your key Saskatechawan based foreign workers... this Episode is for you.
Canadian immigration lawyer Scott Bell shares some amazing insight on the inner workings of the Saskatchewan Immigrant Nominee Program from an employer perspective and also touches on some of the unique Provincial regulations that impact on an employer's ability to recruit foreign workers to work in Saskatchewan.
The various PNPs across the country offer some very unique and focused opportunities for foreign nationals seeking to immigrate to Canada. In most cases these PNPs have very unique requirements that distinguish themselves from the other PNPs. When trying to understand the inner workings of the various PNPs, the best place to go is excellent immigration lawyers like Scott Bell who actually live and practice within the Province of that Provincial Nominee Program.
In this Episode of the Podcast, Scott shares some great insight on the program, its history, and some of the best programs available for foreign workers seeking to immigrate to the Province of Saskatchewan. The information he provides is extremely valuable in helping to demystify some of the more idiosyncratic aspects of the SINP.
By listening to what Scott has to say in this Podcast, you will most definitely avoid some of the significant pitfalls people commonly run into when apply to immigrate to Canada through the SINP. One thing is for certain...although the process seems easy and the government goes out of their way to tell everyone they do not need to hire an immigration lawyer, engaging someone like Scott to help you navigate the SINP is money well spent.
In our interview, Scott and I covered the following topics:
- background on Scott and how he got into immigration;
- background information on the SINP;
- programs ideally suited for companies wishing to retain key TFWs in Saskatchewan;
- the impact of the Foreign Worker Recruitment and Immigration Services Act in the hiring process;
- new attractive options for international students seeking immigration through the SINP;
- Scott's list of common Do's and Don'ts when filing a SINP application; and
- How Scott can be reached.
Canadian Immigration Podcast - S1E37
If you are getting ready to file a Humanitarian and Compassionate application STOP! ........DO NOT SUBMIT THE APPLICATION! Before you do ... listen to what Immigration Lawyer Jean Munn shared with me in this fantastic episode of the Canadian Immigration Podcast. I had a ton of respect for Jean before our interview; however, after listening to the amazing insight and strategies Jean so openly shared with me, that respect has skyrocketed into the stratosphere.
If there is one episode you absolutely can not afford to miss, it is this one. Every lawyer, consultant, or foreign national will increase their chance of getting an H&C approved by listening and applying what Jean shared with me in this episode.
Have you ever wondered what happens when Canada wants to remove someone they think is a terrorist or a spy? How do they actually do this? Is there a formal process or do they simply book a flight, toss them on a plane and fly them back to their country of citizenship. Obviously it is not that simple! In my interview with Canadian immigration lawyer,Peter Edelmann, he shares some insight on this very complex area...the intersection of immigration, criminal and national security law in Canada.
S.34 of the Immigration and Refugee Protection Act sets out the basis upon which the government can find someone inadmissible to Canada on the grounds of security. Peter takes us through each of the various types of activities that can cause a person to be found inadmissible for national security concerns.
Peter is a regular presenter at conferences on various topics related to criminal and immigration law. He regularly appears before Parliamentary committees and before the Supreme Court of Canada on issues related to criminality and national security in the immigration context.
During my interview with Peter Edelmann, we covered the following topics:
- Peter's background.
- How he got into immigration law.
- Introduction to inadmissibility on security grounds.
- Historical context of s.34 inadmissibility.
- What constitutes:
- engaging in espionage;
- subversion by force of any government;
- engaging in terrorism;
- being a danger to the security of Canada;
- engaging in acts of violence that might endanger the lives of Canadians; and
- being a member of an organization that engages in each of the above.
- How a security investigation is triggered.
- What to expect when your client faces these serious allegations.
- Numerous practical examples of how s.34 has been applied in Canada.
- Relief Provisions
- How to spot potential security issues early on what to do
- How people can reach Peter Edelmann.
Additional Resources: * Peter Edelmann's Contact Information: https://edelmann.ca/ + phone: 604-646-4684 + e-mail: peter@edelmann.ca + twitter: @p_edelmann * Peter's Podcast "Borderlines": https://borderlines.ca/ * Immigration and Refugee Protection Act (See S.34): http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html#h-23
At times foreign nationals face injustices within the immigration system that simply cry out for redress. When all hope seems lost, courageous immigration lawyers, such as Shirish Chotalia, step in when no one else can. In this episode of the Canadian Immigration Podcast, Shirish shares some amazing stories and even better insight into the world of immigration advocacy....and even better yet, she has inspired me (and hopefully will inspire you as well) to consider taking on difficult immigration cases where the, at times, cruel nature of Canadian immigration law and policy rears its ugly head.
In our discussion, we covered the following topics:
- background on Shirish and her extensive experience with immigration advocacy;
- how Shirish got into immigration;
- what immigration advocacy is all about;
- why it's important to challenge immigration decisions in deserving cases;
- why immigration lawyers should do more pro bono immigration work.
In this Episode of the CanadianImmigrationPodcast.com we discuss the upcoming changes to the Express Entry regime which become effective on November 19, 2016:
- New definition of offer of arranged employment and new categories of workers who can now benefit from having a qualified offer of arranged employment for the purposes of express entry
- No more 600 points for LMIA supported offer of arranged employed
- New point structure for offers of arranged employment depending on skill level
- New point structure for those with an eligible Canadian Educational Credential
- What these changes will mean in terms of the number of points required to be selected
- What these changes will mean for International Students and Post-Graduate Work Permit holders
- What these changes will mean for NAFTA Professionals, Intra-Company Transferees, and other foreign workers employed on certain LMIA exempt work permits
My guest was Tamara Mosher-Kucze, an associate at Capelle Kane Immigration Lawyers who practices exclusively in the area of citizenship and immigration law. Tamara has represented countless clients with Canadian immigration issues. Her clientele ranges from corporations seeking assistance bringing in foreign workers (LMIAs, NAFTA, Intra-Company-Transfers, Out of Warranty Repairs, etc) to individuals looking for assistance with applications for temporary (study permit, work permit, visitor record, etc) or permanent (Express Entry, Federal Skilled Worker, Canadian Experience Class, Federal Skilled Trade, Provincial Nominee Program) residence. Tamara holds a J.D. from Dalhousie University, an LL.L from the University of Ottawa and a B.A. from McGill University. She has lived, worked and volunteered in Thailand, Cambodia, Japan, and France. She has travelled extensively through South East Asia and Europe…. Tamara’s passions include cooking, reading, immigration, and goat farming. She is extremely active on social media and you can follow her @TTRRMK on Twitter for the latest immigration news.
In this Special Episode Besty Kane and I, Mark Holthe, take time to share some great ways in which US Citizens can move to Canada either temporarily or permanent while waiting out the next 4 years under a President Trump term.
Strategies covered:
- Working in Canada
- NAFTA - North American Free Trade Agreement (while it lasts):
- Professionals
- Marijuana Professionals
- IT Professionals
- Engineers, architects, hotel managers etc.
- Intra-Company Transferees
- Reciprocal Work Permits
- Investors:
- Dentists, Orthodontists, other investors
- Advantages for Mexican Citizens looking to come to Canada
- TRV being lifted in near future
- Francphone program
- Studying in Canada
- Can work while going to school
- Open Work permit for up to 3 years after graduation and pathway to permanent resident status if desired
- Permanent Resident Options:
- Self Employed:
- Actors, Musicians and other artists
- Express Entry (skilled workers with high human capital factors)
- Self Employed:
- Family Sponsorship:
- Spousal Sponsorship (In-Canada) or outside
- married or common-law (1 year)
- Open Work Permit Available
- Spousal Sponsorship (In-Canada) or outside
How to contact us:
Mark Holthe: mholthe@holthelaw.com
http://www.canadianimmigrationpodcast.com
http://www.ht-llp.com
Betsy Kane: http://www.capellekane.com/people/betsy-kane/
CanadianImmigrationPodcast.com
Mark Holthe: I'm here with my good friend and colleague, Raj Sharma. Raj, thanks for joining me.
Raj Sharma: My pleasure.
Mark Holthe: We're testing this out with our digital recorder here. I usually do these interviews via Skype call, but I've got high hopes that the audio is going to be great regardless. Thanks for putting up with me, Raj, and happy to have you with us. Today, Raj has agreed to come in and talk a little bit about criminal inadmissibility and some of the consequences that can flow when people get themselves into trouble here in Canada, but before we get into that I want to take a moment to share a little bit of background on Raj, and where he's come from professionally, and where he's at.
Raj Sharma's a lawyer and founding partner of Stewart Sharma Harsanyi, one of Western Canada's largest dedicated immigration law firms. He received his masters of law from Osgoode Hall and is a former refugee protection officer with the Immigration and Refugee Board. Now, I'll get to the question of how you got into immigration and I'm going to go out on a limb and think that that probably influenced it a little bit.
Raj Sharma: That's right.
Mark Holthe: With over a hundred reported decisions, Raj has indicated to me, he frequently appears before all divisions, as well as the Federal Court, the court of appeal, and has also appeared before every level of court in Alberta. Raj regularly speaks on immigration matters in the media, and he's been a panelist and speaker at the CBA National Immigration Conference in 2014 and '15. He also writes a lot on immigration, multiculturalism, and diversity. Recently he was the recipient of the Legal Aid of Alberta's Access to Justice award and has been recognized as well as one of Calgary's Top 40 Under 40. Raj is an extremely accomplished individual and I know that he won't plug himself, so I'll do that for him, but whenever I have a difficult case with respect to enforcement, or appeal work, or anything like that I send it to him and his firm. Once again, thanks for joining, Raj.
Raj Sharma: Thanks, Mark. I'm East Indian, or as I like to describe ourselves as brown, so no matter how accomplished I am, obviously given that I'm not a doctor I'm probably a disappointment to my parents.
Mark Holthe: Well, we'll have to get your parents on to come back and I'm almost positive with everything that you've done, at least within our industry and how you've distinguished yourself, that there wouldn't be a parent on this planet that wouldn't be proud of you. Enough of the feel good stuff, fill us in. How did you get into immigration?
Raj Sharma: I never intended to get into immigration law. I did my JD at the University of Alberta. While I was there, I didn't take any immigration courses, immigration just wasn't even on my radar. I summered at a large law firm here in Calgary, Burnet, Duckworth & Palmer. I didn't like the large law firm milieu so to speak. Then I spent some time with Dennis Edney, who's now the lawyer for Omar Khadr. Then I also clerked up the Alberta Court of Appeal and ended up doing my articles with the federal department of justice. I think I had at that point an understanding that I would be somewhat closer to a barrister or a litigator than I would be in terms a solicitor.
There was one case that I handled and my mentor at that time at the federal Department of Justice was Glennys Bembridge, who is now a Federal Court justice with a different last name, but there was one case and it involved a family, they're doctors, and their son had autism. I was the articling student, so I had to put together the affidavit and supporting the officer's finding of medical inadmissibility. I found that really, really interesting, but I kept saying to my mentor at that why can't we just consent on this file, the family's really deserving, and ultimately I think that the family did get relief. After that, I'd met my wife at Winnipeg at a wedding ...
Mark Holthe: I'm going to jump in.
Raj Sharma: Yes.
Mark Holthe: You said, "Why can't we just consent to this?" What was his response?
Raj Sharma: It was a strange response. The response was just like, "Oh, we just have to ..."
Mark Holthe: Carry it through.
Raj Sharma: It was more like it was like, "Oh, the client instructions ..." I'm like, "What client? We're the government." I was explained that different departments are actually clients of the department of justice. I found that very odd because I don't think that's true. I think that a client/solicitor relationship doesn't encapsulate departments of government being clients of each other. I found that odd.
In any way, I'd met my wife in Winnipeg at a wedding, my cousin's wedding. She was in Calgary, born and raised in Calgary, so I needed a way to get to Calgary somehow, so I was applying for jobs in Calgary and I got this called up to do this test or examination at the Immigration Refugee Board. I was offered this position to become a refugee protection officer. That's where in fact I met my partner, Bjorn Harsanyi, so we both started off as refugee protection officers, hearings officers in 2002.
Mark Holthe: Obviously that makes a pretty nice background for sliding over to the other side. It gives you an opportunity at least having worked on the other side to get a better understanding of how the government operates, how the department operates, a little bit more inside to the minds of what goes through a decision maker on that side. I have to assume that that helped you as you moved over to the other side with your advocacy on behalf of clients.
Raj Sharma: I think so and I think that, and again there's this tradition of this entrepreneurial tradition within my community, and of course my second and third languages also helped, there was a burgeoning South Asian community in Calgary at that time. Really, it was timing, and so Calgary's just really good to me. I'd moved to Calgary at about the right time and I went into private practice at about the right time, right before Calgary took off, so to speak. 2004 I started my practice, late 2004 I started my practice. At that time, just trying to take whatever you can get, so again, I wasn't really centered in immigration.
Then there was this legal aid file, this three hour legal aid file for criminal inadmissibility. It involved a foreign national in Canada accused or there was an allegation of weapons, and gun smuggling, and weapons trafficking. At that point I thought, "Well, this is a foregone conclusion." I looked at the IRPA and I said, "Well, this is just, there's no way out here," but my partner at that time pushed me a little bit and so I looked at it, I looked at it again. I put in far more hours than the three hours allotted to me, and low and behold I was able to succeed. I think that was the first time that I was in the media, that was the first time I was on TV or the newspapers, at least when it came to my legal practice.
It was after that that my practice in immigration took off because it was after that that I joined Caron & Partners and then again after I left Caron & Partners there was another Vietnamese fellow, [another] fork in the road. There was another Vietnamese client, Jackie Tran, and that file I took on in 2009. Both of these cases probably had something to do with the direction of my practice.
Mark Holthe: Yeah, that makes perfect sense because I think for most of us business immigration lawyers, I guess that's how I classify myself, when there's a sticky situation I get uncomfortable pretty quick. I have a tendency to try to take the path of easiest and least resistance with my clients. If there's push back from the government, I tend to try and say, "Do we need to refile? Do we need to rethink our strategy?" Sometimes it's faster to just accept the stupid decision that you get from an officer and then just try to satisfy whatever they want, and refile, and get it approved, but there's a number of situations where people get themselves into a corner where they really don't have a nice, easy solution other than taking the government on.
Raj Sharma: I think .. it depends on what you're facing. Now, in your case you have to solve a sort of business problem. Prior to 2009, before Tran, I was actually doing hundreds of LMIA's, or LMO's that they were called at the time, so I was representing major corporations, I was getting fat, I was just doing pure solicitor work, and I think again timing came to my rescue because once I got into the Tran file, which necessitated three different Federal Court applications, [emergency] stay application, IAD, ID, and right about that same time the economy in Calgary sort of collapsed, so to speak. If you're a one trick pony, that is you're only doing one aspect of immigration, you could be susceptible to that sort of change.
I was very lucky in the sense of I did quite a bit of solicitor business work, but given that strong litigation year we were able to just basically switch our practices over to a litigation aspect. In business [immigration], you're tasked with making sure that the business runs smoothly. Where it's an individual facing loss of status, it's a zero sum game. In business there may be not, it's not a zero sum game, but in someone facing removal or deportation to a country that they haven't been in since they were a kid, it's a zero sum game which is you win or you lose, so at that point you start bringing out all the arrows in your quiver and you're doing whatever you can for your client because it is, for them to some degree, it's life or death in the sense of it's a death of a relationship, it's a death of your relationship to Canada, and it's a death of your status in this country.
Mark Holthe: Let's shift to the topic at hand. I think a lot of our listeners, this isn't something that they're very familiar with because I think genuinely people try to avoid committing crimes in Canada and getting themselves removed.
Raj Sharma: Right, and we know for a fact that immigrants or first generation Canadians have a lower crime rate than native born Canadians, so you're absolutely right. Most of your listeners and our clients, most of them, the vast majority enjoy a lower criminal rate or criminality than Canadians would.
Mark Holthe: Yes, absolutely. As those that are listening in here, as I introduced when I started the podcast here, the interview with Raj Sharma, I indicated that we're going to be talking a little bit about criminal inadmissibility, so Raj, can you give us a little bit of an introduction? When we talk about criminal inadmissibility, how does that play into this world of immigration?
Raj Sharma: Immigration is about, and notwithstanding whatever we hear these days from Donald Trump or Hilary Clinton, there are no such thing as truly open borders. A country will always dictate who enters and who remains, so there was a case that went to the supreme court of Canada involving a woman actually -- most of the cases I deal with actually do involve men -- but Medovarski involved a woman and Medovarski reaffirmed that concept that non-citizens do not have an unqualified right to enter or remain inside of Canada.
When we look at criminality, the threshold for removing non-citizens from Canada is spelled out in intricate detail in the Immigration Refugee Protection Act and there is a bifurcation, i.e., it's somewhat harder to remove permanent residents from Canada and quite a bit easier to remove foreign nationals from Canada. When we talk about foreign nationals, we're talking about students and those here on work permits or those that are visitors in Canada. When we talk about permanent residence, obviously those are individuals that have applied for permanent residency, they're not citizens yet, and so we have a paradigm, a very detailed framework that deals with non-citizens that get in trouble with the law.
Mark Holthe: When we talk about getting in trouble with the law, does the Immigration Act or the government, do they view certain crimes more seriously than others? How is that distinction set up?
Raj Sharma: No, and maybe they should. That would have been a proper starting point. Maybe you should have been involved in this sort of legislation of these laws, but unfortunately the distinction of the severity of a crime is based on the maximum term of imprisonment or the actual incarceral or term that's imposed. When we talk about prison or incarceral term, we're including conditional sentences or sentences to be served in the community, so the distinction is not between the type of offense, someone that's convicted of a white collar offense such as fraud could face removal just as easily or perhaps more easily than someone accused or charged with simple assault.
Mark Holthe: Even if an offense, let's say it's a hybrid offense, so it could proceed summarily or via indictment, the person that is sentenced to ten years imprisonment for that offense versus someone that's sentenced to six months under the eyes of the lovely immigration authorities, it's irrelevant.
Raj Sharma: That's right, and it also doesn't take into account your length of time in Canada, so you could be a permanent resident and you could be here since you were two or three, and you could be [here] thirty years, and you could have an issue. Of course, this is the fragility of the human condition, we all make mistakes, so it doesn't take into account the length of time that you're in Canada…, nor does it take into account the nature of the offense, whether it's violent or whether it's non-violent. It's a blunt instrument unfortunately, Section 36 in particularly.
Mark Holthe: If you have an individual that's committed a crime in Canada it's pretty clear we know what the offense is, we know what the conviction was, there's not a lot of debate about it, but what happens if someone wants to enter Canada or comes to Canada and has a conviction that occurred over seas or in another country, how does Canada treat those?
Raj Sharma: Those things get complicated really quickly because different countries have different legal systems and different countries have different standards in terms of the ... You could have a situation [if] you're from China. Now, China has a 99.9% conviction rate.
Mark Holthe: Wow, maybe I won't ask too many questions as to how that justice system plays out for those people accused, but ...
Raj Sharma: I mean, so when we start making equivalent, or making offenses, or acts that individuals have done outside of Canada, and we have to somehow try and make them equivalent to offenses in Canada, those things get tricky really, really quickly. That's one subset of what we do.[But] I just keep getting reminded, even this morning, had a client applied on the Alberta Immigrant Nominee Program, skilled individual, excellent English, everything's fantastic, no criminal record whatsoever, applied on the ANP, got the nomination, applied for the PR forms to [CPC] Sydney. We got the passport request two days ago, three days ago, problem. Last week after a birthday party or someone's party, one in the morning, [he’s] charged with impaired driving.
Those are the sort of simple, understandable criminality because I think some politicians paint criminals as this broad brush, but criminals are no different than [you or I], it's just there's one incorrect decision. I think impaired driving is like that, this is impaired driving, could result in no jail time whatsoever, probably will result in a fine if he ever gets convicted, and a driving suspension. Won't spend a day in jail, but that's a hybrid offense and that [a conviction] makes him [as a foreign national] inadmissible.
That's where I feel a lot of sympathy because you're seeing literally in front of you the end of a dream and you're seeing a person that for all other purposes would be an ideal addition to Canada's multicultural fabric. It's not really the media, it's not my cases that hit the news or the front pages that really give a proper idea of my practice. It really is those guys that are within an inch of permanent residency and we wouldn't consider them to be criminals, but of course they've made a grievous and horrendous error by drinking and getting behind the wheel of a car.
Mark Holthe: Let's carry that through, I think that would be interesting. An individual who is in that type of a situation, this happens to them. What can they expect?
Raj Sharma: Number one, if they come to me my first response to them, and there may be some sort of false hope, or some sort of strange fever dream that they're existing under, or they may get some sort of strange advice from someone, or a friend, or a cousin, and there may be a suggestion as to just somehow let it ride out and CIC may not figure this out. My first advice to them is that if they want my assistance, that we will be disclosing the charge and the encounter with the police immediately. That's the first thing that should happen and once they agree to these sort of terms, then we can start figuring out a solution.
Now, the solution of course, and I kind of outlined that earlier today in my speech here, which is now start looking into conviction options or post conviction options. These conviction options, number one, beat out the charge in trial, because the system is binary, because it's a zero sum game, we can't now ... I think criminal lawyers and immigration lawyers that dabble in criminal law, there's no options now. You actually have to go and try to beat this out, you got to find, even if your client is factually guilty, you got to find a way to make him legally not guilty because if he's not guilty, that doesn't lead to any criminal consequences.
If it's an offense, a domestic violence type of situation, and a peace bond is in the offering, take a peace bond. A peace bond doesn't have any criminal consequences either. There may be possibilities for some offenses for absolute or conditional discharges, take it, take it. That bird in the hand, we can safeguard that immigration at that point. In terms of a DUI, we're really looking to these curative discharges now and that's one option as well.
Mark Holthe: Maybe you can explain what that is. What is a curative discharge?
Raj Sharma: Curative discharge involves a process by which there is a guilt or there is factual guilt and there's again…. A curative discharge we've used where there's indication of alcoholism [as a] medical condition. If we can establish that, then the judge may see fit to grant a curative discharge. If that happens, then there is no criminal record that could waylay an immigration application or application for permanent residence. That's not to say, by the way, that that won't lead to other issues, i.e., you may still need a waiver to get into the US, but the curative discharge is something that we explore for impaired driving, and conditional, and absolute where ever possible [for other offences].
Now, bear in mind there's a whole host of offenses that result in mandatory minimum sentences and so we can't do any number of these things for those types of offenses, but those are some of the arrows in our quiver in terms of post conviction. Where ever possible, if you are facing a charge, either you're a permanent resident or a foreign national, try to get immigration lawyer involved alongside your criminal lawyer. There may be options to get positive sentencing remarks or positive remarks that are spoken into the record. Those transcripts can come in handy.
If you are convicted, if you are sentenced, it's important that the client demonstrate remorse, and rehabilitation, engage in programming, and try to turn that life around. If we can demonstrate that, there are some options, which is that that initiating document to establish criminal inadmissibility, the Section 44 report, there is a scope for the officer not to write that report. Again, when I started down this journey I didn't realize the scope of discretion that's in the act. There is significant discretion. An officer may choose not to write a report against a permanent resident or foreign national and that may be the first, and maybe the last, real line of defense for a lot of these individuals. We've seen that happen, we've seen permanent residents, I've represented permanent residents, young guys, a technical armed robbery, four years plus sentence ...
Mark Holthe: A technical armed robbery.
Raj Sharma: A technical armed robbery...
Mark Holthe: I love this terminology, technical versus a real, is there any distinction there?
Raj Sharma: Let me tell you and you tell me whether that terminology or that splitting of hairs is appropriate. A guy got fired from a job at a liquor store, was angry, young guy, and decides to rob the liquor store as some sort of payback, buys a gun that is not operational, just this old, rusted out gun. There's no bullets in it, it's inoperable. Goes into the store, people see the gun, so they flee, so he goes to the cashier, he tries to open the cash box, is unable to do so, and runs out without stealing anything. Misfortune added to his idiocy, there's an off duty police officer who immediately arrests him outside the liquor store, so this guy goes through this process and his criminal lawyer after wasting tens of thousands of dollars of his money, pleads him guilty to an offense that includes a mandatory minimum sentence.
At that point, and I met the judge actually afterwards and the judge said, "Hey, I wonder why that lawyer did that because if the lawyer challenged that on a charter ground of cruel and unusual punishment, that that mandatory minimum sentence in this case offends the Charter, I would have granted it to him." This lawyer tells this guy and his family, "That's it, game over, you will be deported," but of course that's not actually the end of it. [So] I do stand by my characterization of that as a technical armed robbery because this guy, he's more of an idiot than he was a criminal.
This family went through a lot, this family, his sister in fact, who lived with was married, [her] husband had some mental issues, and she was attacked actually. The police attended and in fact that man was actually brought down by the CPS, so the family went through a lot. We put all this together, put the sentencing transcripts in, the judge, they got a really compassionate judge who said a lot of things into that record. [The client] was out on bail for four years, and upgraded himself, and it really was an ill advised decision. Ultimately, we had an understanding officer. She ended up interviewing him over the telephone, I think, at the Remand institution, and [she ultimately] decided not to write the report.
Mark Holthe: I guess that's the beauty of this is the discretion that's laced into the immigration process.
Raj Sharma: They won't lightly do it, but if you've got the goods .. it can be done. We had another case, we had another individual originally from Hong Kong, came over as a kid, got into some gambling issues, and then got into selling drugs to pay off some of those debts. Served his time, was a model prisoner, and his entire family was here, we set out everything. In this case we asked the Report not to be written, it was written. We challenged the Report at the Federal Court, we received approval or leave on one, it went back, and ultimately a Minister’s Delegate decided to issue a warning letter. That's drug trafficking [involving a “hard” drug] and that was again significant, so these things can be done for the right individual.
You will have people that have turned their lives around and you can see, you can tell. There's no faking this because it's a year's long journey. If you've got it, you've got it, and thankfully our officers, what I've seen is that we have fair individuals, open minded individuals, and that's not to say that I haven't lost on something that I think I should have won, I have, but even that decision, at least that individual had an open mind. I think our [CBSA/CIC] officers by and large are open minded individuals.
Again, this may be the last line of defense for a lot of these individuals because there may not be an appeal to the ID anymore because the atrociously entitled Fast Removal of Foreign Criminals Act has amended the IRPA, so permanent residents that have been sentenced to more than six months, including conditional sentences, don't have an appeal to the IAD anymore. Whatever they've got, they've got to address that Section 44 report, that procedural fairness process, maybe Federal Court, maybe a TRP, maybe an H&C, a humanitarian and compassion application, but without that IAD backup, options are limited.
Mark Holthe: That's really interesting because like I said, from my perspective, someone who does not do a lot of that type of work, very little in fact, I see walls, absolute walls sometimes for people that I can't see past, whereas individuals such as yourself who have a little bit of a broader perspective, and have actually gone and looked behind the wall have realized that sometimes there's ways through. The message that I got, especially, and just to clarify for the listeners, Raj and I are just meeting at the Canadian Bar Association Office here in Calgary after Raj gave a presentation [to the CBA Immigration Subsection] on this similar topic. One of the messages that came through loud and clear is that maybe people give up too easy, especially counsel, us.
I put us under the bus in many circumstances because sometimes we're just too willing to roll over. We need to take a serious look at what the possibilities, are and not be afraid to question and challenge an allegation that's being made against our clients. Even in circumstances where based on a clear reading of the law there's a certain outcome that's supposed to flow doesn't necessarily mean there isn't discretion to go around that and that there isn't some compassion laced into the system.
Raj Sharma: I learned this relatively recently. I went to visit my eighty-five, ninety years old grandmother in Edmonton. I didn't learn until much later -- my grandfather died, so my grandmother came over with my youngest uncle to Canada to her children here. None of us kids actually knew that our uncle was actually her sister's son. Her sister had died, so she had taken my uncle in. I guess his dad wasn't interested in caring for him, so I learned this later that Uncle is not actually our uncle, he's actually my mom's cousin. …I knew that there was some immigration issues that he was going through early on when he came, so my grandmother explained it to me, because there was no adoption papers and because my grandmother I think is incapable of lying, she's very straight out that we have no adoption papers, but he has nowhere else to be other than with me.
They battled for like three or four years to try and get my uncle to be here. Ultimately CIC indicated, "Well, he can't be here, there's no adoption papers, we have no consent from his guardian, or his biological father, or whatever the case may be." We're from this small mining town in BC and the family was helped by an immigration lawyer out of Vancouver. Ultimately my uncle got what was then called a minister's permit, which is now we call a TRP, a temporary resident permit. When I learned that I was, "Well, I guess that's what I do." So I [do] think people minimize or perhaps don't understand the scope of discretion that's available. There are roadblocks, there's hurdles, [but] there's very few problems without an absolute solution.
That being said, if you are unmitigated, incorrigible criminal, no officer's going to give you the benefit of whatever doubt there may be, but there are these avenues that can be pursued and there is a sort of system. You got to work through that system, work with the criminal lawyers, put your client in the best possible light, take advantage of any little nook, cranny, any little shaft of light, and you might be able to widen that crack a little bit for your client to step through, but yes, very few things are foregone conclusions and it's our job as counsel to put the best possible foot forward for the client.
Again, in my twelve years of practicing immigration law there's very few actual incorrigible [criminals]. I said this before … that hard cases make bad law and outliers shouldn't make the world a harder place for the vast majority of people that simply want to come to Canada and give their families a better life. These outliers don't reflect the vast majority of cases that we deal with. The vast majority of cases we deal with are human fragility, human error, understandable mistakes.
Mark Holthe: You mentioned this concept of a TRP, a temporary resident permit, which is now the new version of a Minister’s Permit.
Raj Sharma: That's right.
Mark Holthe: In some circumstances, individuals will have appeal rights when there is criminality involved and they're facing some harsh consequences, they have appeal rights and other times they don't. You had talked a little bit about the discretion that an officer has to write that report to refer it or not. Can you maybe clarify that just a little bit for counsel who maybe have individuals that are at the stage where the consequences could be pretty nasty? Maybe there is no appeal right and you indicated that sometimes an officer does have some discretion whether or not to write it.
Raj Sharma: That's right. That Section 44 report, so let's say there's a conviction in Canada. Establishing that would be pretty straightforward, pretty easy. What counsel can do is respond to a procedural fairness letter, say, "Please don't write the Section 44 report and here's why," and these are going to be [modeled on] the typical Section 25 type of application or submission, so time in Canada, establishment in Canada, those ties here, the family ties here, hardship, or adverse conditions, or challenges upon return, children that are affected by the decision, the circumstances leading to the events, any indicia of remorse, rehabilitation, insight.
All those should be placed squarely before the officer and you say to the officer, "Don't write this report, please. The guy's been here for a long time, this is a singular mistake, the criminal record is limited or none other than this lapse in judgment." If the officer writes the report, its then has to be referred under Section 44 sub 2 by a Minister’s Delegate. If it's referred, for a permanent resident that means it goes to the immigration division. If it's criminality or serious criminality in Canada, that's Section 44 sub 2, that becomes a removal order for a foreign national. Again, there's less options for foreign nationals here.
If it's referred to the immigration division, not much you can do if it's a conviction in Canada. The ID is not going to look beyond the certificate of conviction. If it's a conviction outside of Canada or an allegation that some offense has occurred outside of Canada, that would be equivalent to serious offenses inside of Canada. Then the immigration proceeding becomes a substantive proceeding. That's when it takes on some degree of significance. You are then going to start talking about foreign legal laws, standard of proof, burden of proof, and at that point you probably should be retaining a foreign legal expert. It gets complicated really quickly at that point.
After a removal order is issued, post removal order options are limited. A TRP can overcome or allow you to remain in Canada notwithstanding a removal order. An H&C can do the same. One option might be to get a TRP pending record suspension for a conviction inside Canada, for example, if there's eligibility.
Mark Holthe: If an officer chooses to write the report when you've made your submissions, can you challenge that part before it gets to the immigration division?
Raj Sharma: Yes, you can challenge both the writing of a Report to the Federal Court and the referral of the report to the Federal Court. You probably won't do that if the person concerned is a permanent resident and has an appeal right to the IAD, there's no sense in that, but if you don't have that appeal, you're left with these limited options, so you're going to buy some more time. By going to the Federal Court either you buy some more time, it goes back, a different officer might come to a different conclusion, or you simply might need time for record suspension.
Mark Holthe: Just buying the time, interesting.
Raj Sharma: Might be one because you need strategic depth, so strategic depth is usually time, more time in Canada gives you more options.
Mark Holthe: Define strategic depth for those who are not following. What are you talking about when you use that terminology?
Raj Sharma: Strategic depth I was thinking more in terms of war. If you've got a country like Russia and you want to invade Russia, and Napoleon and Hitler both tried that. One of the problems is that Russia has a lot of depth, so you can invade, and invade, and keep invading, and the Russians will have time to mount a response. You can contrast that with, for example, Pakistan, which is thin wasted [country] geographically speaking, there's not a lot of strategic depth there.
If we were to apply that terminology to immigration in Canada, then I would say strategic depth would be time. A lot of time, we don't have time, and so give me some time, give me enough time and I can do quite a bit. You need time to marshal resources, to file Federal Court obligations, to file TRP applications, to file H&C applications, to maybe get a rehabilitation application in, so time is our strategic depth and most of the time we don't have it.
Mark Holthe: Yes, that is abundantly clear within our practice. I really appreciate that overview and the insight, it was awesome. Let's talk about some practice tips maybe. If counsel finds themselves in these types of positions dealing with an issue, a potential criminal inadmissibility, what are some of the things that go through your mind right away that you'd give in terms of advice, things that people want to make sure they do every single time, or little tips or strategies? You've already indicated here that you want to try to buy as much time as you can, that's obviously really important, but are there any specific things or pieces of advice that we haven't maybe talked about yet that you'd like to share with the listeners?
Raj Sharma: I think definitely take a look at the IRCC or CIC policy manuals, Enforcement Manual 5, Enforcement Manual 6, take a look at the loose leaf publication by Mario Bellissimo and Genova, Immigration and Admissibility, they've got a handbook as well. You need to get an understanding of the facts and understand the law in a relatively quick fashion. Once you understand the context that you're in, so if the context is a permanent resident, and there's an offense, and you're looking at the loss of appeal rights, and you've got a procedural fairness letter, and the sentence has been served, what I would do immediately is probably do ATIP requests, access to information requests, and I would try to get and reconstruct the client's immigration history as much as possible.
That's probably the first thing I would do is do an ATIP request. I would do FOIP requests for the correctional service documents, the institution documents, and see what's been going on over there and try to get access to those parole documents, take a look at their recidivism rankings. I would probably get the sentencing transcripts right away, I would get any pre-sentence reports that were filed or that were before the sentencing judge right away. After I looked at that I would see if I could update that pre-sentence report by a qualified forensic expert and reassess recidivism. Then I would probably put together these substantive submissions. Again, relying on maybe the IRB, IAD, Removal Order Appeals publication. Having regard to the sort of H&C factors and Ribic and Chieu factors. I would put all that together and get it into that officer probably as soon as possible.
That's probably what I would do and that's probably what anyone should probably do with a PR facing removal where there's been a length of sentence greater than six months. If it was less than six months, then obviously maybe I'd just keep my powder dry to some degree, I'd still put in something, but I'd probably just keep my powder dry for the IAD.
Mark Holthe: It's pretty much they're going to send it that way and choose not to make a decision at that stage.
Raj Sharma: I would think as an officer, this is not in the manuals at all, but ...
Mark Holthe: This is what we want, Raj, yes.
Raj Sharma: As an officer, and I used to be an officer, but as an officer if I saw that a PR had a right of appeal, then really I would probably give short shrift to any sort of request for exercising my discretion at the 44 stage. I'd be like, "Look, let me just do my job, let me write this 44 report, and refer it, and let them make whatever submissions he needs to the IAD." I think the relationship to discretion and the loss of appeal rights is inverse, so if there's an appeal right, then I would narrow my own discretion. Then if there's no appeal rights, then I would probably take and expand my scope of discretion within, of course, the ambit of the law.
Mark Holthe: That's awesome and it makes perfect sense. Officers, despite how some people feel, are human beings. When they feel like someone is trying to screw the system over, they're probably not going to give you a lot of help, but if they feel people are genuine and they've made a mistake, and there's a whole host of ...
Raj Sharma: The system, maybe the system has been narrowed against, for example, any further request for relief. I think that they'll substantively consider.
Mark Holthe: That's awesome. I really appreciate everything that you've shared here.
Raj Sharma: Any time.
Mark Holthe: This is fantastic. Now, as always when I have guests on, people are going to listen to this and they're going to say, "Hey, I've got a friend," or, "I know someone who's in this exact situation," and their counsel that they have right now is telling them that they might as well start singing 'Happy Trails,' and packing their bags, and they're saying to themselves, "There must be something else that I can do." They're going to listen to this and they're going to say, "Raj Sharma, how do I get a hold of this guy?" How do people track you down? What's the best way of getting in contact with you and engaging your services?
Raj Sharma: For sure, Mark. Anyone can email us at info@sshlaw.ca, that's info@sshlaw.ca, number is 403-705-3398. I think we have a toll free number, but I'm not sure what it is.
Mark Holthe: You can go to the website, right, too.
Raj Sharma: Yes, you can definitely reach us and we'd be happy to help. It's something that we've developed for the last seven, eight years or so.
Mark Holthe: Awesome, thanks a lot. I appreciate your time. Take care.
Raj Sharma: Thanks a lot, Mark.
CanadianImmigrationPodcast.com
Season 1 Episode 31
Have you ever experienced a refusal on your LMIA application because your advertising did not meet the rigid content requirements set out on the Temporary Foreign Worker Program website? If so, you are not going to want to miss the recent interview I did with Canadian Immigration Lawyer, Robert Leong. Robert shared some great insight on his Federal Court case challenging an officer's refusal of his client's LMIA application because the business address was missing from one of the advertisements. We definitely need more decisions like this.
Many of us lawyers remember the good old days when obtaining a Labour Market Opinion (now Labour Market Impact Assessment) for a client was a relatively pleasant and straightforward exercise. After conducting recruitment efforts and not locating a qualified candidate, the LMO would be approved. In fact, Service Canada officers would actually work with employers to assist them in ensuring the forms were properly completed so the application could be approved as quickly as possible.......flash forward to today.......everything has changed!
In today's LMIA world, employers are treated like the enemy by Temporary Foreign Worker Program officers who now look for any reason possible to refuse an application......including failing to include a business address in an advertisement. Despite the significant cost and time associated with challenging these ridiculous refusals, some employers have finally said: "Enough is enough!" and took the matter to Federal Court to have the officer's decision reviewed by a judge. In the vast majority of cases, when these types of Judicial Reviews are launched, things get settled pretty quickly by the government lawyers. However, in some rare occasions, employers and their legal counsel see things through to the end and we get amazing decisions that help the rest of us as we fight our own battles with ESDC and their delivery arm "Service Canada".
In this Episode, Robert Leong shares his experience arguing his case: Canadian Reformed Church of Cloverdale B.C. v. The Minister of Employment and Social Development Canada (2015 FC 1075).
During my interview with Robert Leong, we covered the following topics:
- Robert Leong's background.
- How he got into immigration law.
- Introduction into the LMIA regime.
- ESDC's minimum advertising requirements.
- Insight on the Canadian Reformed Church of Cloverdale BC decision.
- Tips and strategies for navigating the advertising requirements of Service Canada
- How people can reach Robert.
I Invited Virgil Grandfield to join me today to talk about an article he wrote about slave labour trafficking by Red Cross Tsunami Contractors in Indonesia following the reconstruction efforts following the Tsunami of 2004 that killed approximately 228,000 people.
Virgil’s article “The Cage” published in Eighteen Bridges as "Are you ready to die?", an Alberta literary magazine was recently awarded a gold medal for investigative journalism by the National Magazine Awards Foundation.
Tell us a little bit about yourself.
How did you get into journalism?
Remind our listeners about the 2004 earthquake and tsunami in Indonesia.
Tell us about your involvement with the Red Cross effort after the Tsunami
Share some background on the labour trafficking scandal
Talk a little bit about the families affected by the scandal and your article, “The Cage” which received the journalism award.
Tell us about some of your other projects that we should watch out for:
- Full-length book on the scandal
- CBC Television Documentary
Thanks for joining us…what is the best way of reaching you if people would like to learn more?
Podcast Show Notes - CanadianImmigrationPodcast.com
S1 E29 – Ronalee Carey – Private Sponsorship of Refugees
My Bio – Ronalee Carey is an immigration and refugee lawyer who practices in the beautiful capital of Canada - Ottawa, Ontario. Her practice focuses on finding immigration solutions for individuals and families through family sponsorships, the Express Entry program and provincial nomination programs. She assists with visa applications to visit, study or work in Canada, and helps those with criminal inadmissibility issues.
Part of Ronalee’s practice includes refugee work. She assists individuals who have arrived in Canada who wish to claim refugee status. She also provides pro bono assistance to a group in Ottawa who are privately sponsoring refugees from abroad.
Question: How did you find yourself in the immigration field? Since I was a young child, I knew I wanted to be a lawyer, but immigration law was never something I’d thought about. I grew up in a small town in northern Ontario were we had a total of 7 racialized individuals in the entire town, one of whom was my fifth grade teacher. When I went to law school, I focused on criminal and family law. I articled at a general practice firm, and after my call to the bar, practiced mostly family law.
My life then took a huge turn. My husband and I had been foster parents for the Ottawa Children’s Aid Society for several years, and we had the opportunity to adopt a beautiful baby girl through the society. She was mixed race, with an East Indian birth mother and a birth father of African descent. We later adopted two additional children, both of Haitian descent. I took an extended leave from my career during this time.
When I was ready to return to the practice of law, I wanted to start back part-time. I ran into a former classmate at a Law Society event, who had an opening for a legal researcher/law clerk with part-time hours. Her field happened to be immigration law. When I started working in immigration law, I was immediately hooked. I was able to meet people from all over the world, and every matter provided a new and interesting challenge to solve. I loved how political immigration law was; I could read an article in my morning newspaper that would affect how I would handle a client file that day.
In 2012 the lawyer I had been working for moved from Ottawa in order to be closer to her aging parents. She left me a few files, and I ‘hung up a shingle’. Recently, I had to hire a junior lawyer to assist me with files.
Question: How did you get involved in private refugee sponsorship work? Like many people in Canada, I was devastated at seeing the photo of Alan Kurdi’s body washed up on the shores of a beach in Turkey. In September, 2015, I received an email from the University of Ottawa’s Refugee Hub, which called for lawyers willing to volunteer with a new initiative designed to assist individuals and groups who wanted to sponsor Syrian refugees to come to Canada. I immediately signed on.
Question: What is the uOttawa Refugee Sponsorship Support Program (RSSP)? http://refugeessp.ca/home/
From that initial email, grass roots organization continued, and volunteers in Ottawa put together the Refugee Sponsorship Support Program. The goal was to match volunteer lawyers with groups and individuals who wanted to sponsor Syrian refugees. Not all the lawyers were immigration and refugee lawyers – in fact the majority were not. As such, training had to be provided. Even for me, the procedures were new – though I’d assisted with inland claims for refugee protection, the overseas process was new to me as it was to many private immigration lawyers.
We met in a room at City Hall for the training. A generous lawyer from our local bar bought pizza for the hundred or so attendees.
Our next step was to reach out to the community, to let them know our services were available. The City of Ottawa was planning a community information night, to let interested sponsors know about the process and to allow local immigrant service agencies provide information on their services. Another grassroots organization called Refugee 613 had emerged, to connect people in Ottawa who wanted to donate money, volunteer or sponsors refugees with others. Refugee 613 was a big presence at the event.
The event was overwhelmingly successful. Hundreds and hundreds of people from Ottawa showed up to the event. The information session itself was supposed to be held in the municipal council chambers, but it filled to overcapacity and the speakers had to be broadcast into the atrium for those who couldn’t get into the room. Even the atrium was overflowing.
The uOttawa RRSP had set up a free legal clinic, so that potential sponsors who speak to a lawyer at the event about the procedures for sponsoring. We gave legal advice to over 400 people that night.
Question: How did you get matched to the G30+ Ottawa constituent group?
The goal of that first evening, at Ottawa City Hall, was to provide initial legal advice to as many people as possible who wanted to sponsor Syrian refugees. Later, the goal was to match those individuals or groups who wanted to proceed with a lawyer willing to help them through the process.
At the legal clinic, the first group of people I gave advice to was another lawyer who worked for the Federal government. She and two friends had both committed to finding 10 people each, all willing to donate $1,000. The money raised by these 30 people would allow them to sponsor a family from Syria.
I requested to be ‘matched’ to this group, so that I could be the pro bono lawyer for the group and help them with the sponsorship process. In addition, my husband and I requested to become members of the group of 30, and made a personal financial contribution. As such, I am not only the pro bono lawyer for the group, but also a group member.
Question: How did this group of 3 turn into the G30+ constituent group?
The three initial group members intended to do a Group of 5 (G5) sponsorship. This is a special program where 5 individuals agree to provide financial and settlement support to an individual or family. The plan was to find two other people who could join them in the Group of 5, as official sponsors, and the other individuals would provide a supporting role and assist in the financial aspect.
The core three members were overwhelmingly successful in their efforts to find others willing to join them in sponsoring a Syrian family. They quickly found more than 30 people willing to help, which is why the name had to become the G30+. Their fundraising efforts were also much more successful than they’d originally hoped for. Our initial meeting of the group saw funds pledged in excess of $70,000. This meant the group could sponsor more than one family.
Question: How did the group link up with the Anglican Diocese?
Because the group had become so large, and had raised so much money, a Group of 5 sponsorship wasn’t really appropriate anymore. We needed a larger focus. In Canada, the government has partnered with groups called Sponsorship Agreement Holders (SAH), who are pre-approved to sponsor refugees. Many of these SAHs are religious groups. In Ottawa, the Anglican Diocese has a great deal of experience with refugee sponsorships. They agreed to take on the G30+ Ottawa group as a constituent group under their organization. This meant that funds raised could be channelled through the Diocese’s charitable structure, which allowed members to receive tax receipts for their contributions. We also were able to tap into the Diocese’s wealth of experience in making applications to sponsor refugees.
Question: How did the group go about finding refugees to sponsor?
The group had a very unusual problem. We had lots of money, lots of volunteers including Arabic speakers, and no one to sponsor. No one from our group was Syrian, so there were no family members we could help. At the time, neither the Canadian government, Refugee 613, nor the uOttawa RSSP was able to match potential sponsors with either family members in Canada or directly with refugees overseas.
So, we had to look abroad ourselves. One of our group members had connections to a group of women who were Nobel laureates. This group directed her to a journalist working in a Syrian refugee camp in the Zaatari, Jordan. She further spoke to a translator she worked with, to ask him if he could identify anyone who the group could sponsor to come to Canada. The translators’ brother was interested. Prior to the war he’d studied business in university, and he was desperate to get to Canada. He would act as an ‘anchor relative’, to later assist his parents, and his siblings and their families to come to Canada. The translator also identified a family who needed our help. Both parents had worked in leadership roles in the camp, the father as a team leader and the mother as part of a health committee. They had six children ranging in age from six months to 17. We agreed to take on both the single individual and this family of 8.
Working through the translator, we have completed the sponsorship applications for these 9 individuals. We have provided the applications to the Anglican Diocese, who is preparing them to submit to the government. However, they have to wait until the government opens up spaces in the queue.
Question: Who has the group sponsored so far?
While efforts were underway to sponsor these 9 individuals, another opportunity presented itself.
The government of Canada, in addition to directly sponsoring individuals through the Government Assisted Refugee (GAR) program, partners with Canadians to jointly assist refugees through the Blended Visa-Office Referred (BVOR). In this program, refugees who have been identified by the UNHCR are referred by Canadian visa offices oversees. The government puts these individuals and families onto a list, and SAHs are able to offer to sponsor the individuals. The government provides for 50% of the financial cost of the sponsorship, and the SAH (or their constituent group) provides the remainder of the funds. From a pro bono lawyer’s perspective, this type of sponsorship is great because the refugees have already been pre-approved – there is no need for us to complete the forms needed for the refugees, and we do not have to have any of their documents translated. All we do is submit an undertaking to provide for the family and a settlement plan stating how we will provide for the family’s needs when they arrive in Canada.
For sponsorship groups, getting a BVOR family is like winning the lottery. The list of eligible families is sent out by the government. Only a bit of information is provided – names, ages, occupations, where they’d like to live in Canada. Sponsors have only a few minutes to choose a family and respond – there is so much interest that any hesitation means all the refugees will be claimed by sponsoring groups.
The G30+ Ottawa group was fortunate to be matched with a family of 4 from Syria, parents and two young children. This family arrived in Canada this past February.
In addition, we were contacted by the Anglican Diocese to sponsor a woman whose son was already in Ottawa as a refugee. Though the woman is Iranian, not Syrian, the group agreed to sponsor her. We are hoping she will arrive shortly.
Question: What have their experiences been to date, in settling the individuals who have arrived in Canada?
We are blessed with many capable volunteers. An affordable apartment was found for them; it was furnished mostly by donations. After they arrived, they were set up in school and language classes, and things like health cards were applied for. For the summer, day camps were found for the children. We’ve had a potluck dinner to welcome them. It has been a wind whirl of activity.
Because the family did not speak English when they arrived, a lot of the work fell onto the Arabic speaking members.
Question: How is the government handling the sponsorship of refugees, now that the initial election promise to bring in 25,000 Syrian refugees has been fulfilled?
The government reached its target of 25,000 Syrian refugees in February, 2016. This 25,000 was made up of both government and privately sponsored refugees, including our family of 4. However, they also promised to bring in a total 25,000 government assisted refugees by the end of 2016. They appear on track to fulfil this commitment.
You may remember at our national immigration law conference in April, our immigration minister appeared for a luncheon address. He said that he was probably the only immigration minister in the world being criticized for his failure not to provide enough refugees for those interested in sponsoring. However, he stated that the government’s target of a maximum 300,000 immigrants for 2016 was firm, and that he would not be increasing that number in order to accommodate more refugees.
Question: Is there still a strong interest from the Canadian public to sponsor refugees? How is the government responded to the interest in the private refugee sponsorship program?
I spoke to Don Smith, from the Archdiocese of Ottawa about the problem of there being more interest from the Canadian public to sponsor than our government is willing to provide capacity for. He told me he was torn over the issue. He said on the one hand, we don’t want to allow our government to back away from the UNHRC and the international community by failing to take in its share of refugees. On the other hand, there are so many people who have family they want to sponsor, and other individuals who want to help settle refugees in Canada, that restructuring the way refugees spaces are allocated might be the only short-term solution. That means less government assisted refugees, and more BVOR spaces along with priority processing to G5 and other privately sponsored refugee programs.
And the evidence seems to be mounting that privately sponsored refugees do better than government assisted refugees. Our own refugee family is a case in point. They arrived in Canada to a 30+ new friends, willing and able to help them with anything they could possibly need. Shortly after our family arrived, the parents of the father of our family (the children’s grandparents) arrived as government sponsored refugees. Though our group has provided some settlement assistance to them as well, they don’t understand why they don’t have their own group to help them.
Question: If someone was interested in sponsoring a refugee, from Syria or elsewhere, how would they go about it?
A minimum group of 5 individuals is necessary in order to be able to sponsor. Partnering with a SAH is not necessary, but provides numerous benefits. There are also community sponsorship programs, and a program for people willing to sponsor refugees with high needs, such as those with medical conditions or who have experienced severe trauma.
But individuals and groups need to temper their expectations. I attended a session where Louisa Taylor of Refugee 613 spoke. She made the very poignant comment that ‘refugees are not pets’. These are individuals with their own personalities and temperaments, who may or may not want to accept the friendship and help you are offering when they arrive in Canada. We think that when refugees arrive in Canada, they will jump at every opportunity to learn English, find a job, and integrate into the community. But what if they are so exhausted by their ordeal they have been through that they only want to watch Arabic television? And what if the group wants to sponsor, has the funds, but there are no spaces left in the government programs? Some people will need to find another way to channel their goodwill.
To get in touch with Ronalee:
www.ronaleecareylaw.ca
For more information about the uOttawa Refugee Sponsorship Support Program:
http://refugeessp.ca/home/
For more information about Ottawa 613:
http://www.refugee613.ca/
Government of Canada website – how to sponsor a refugee
http://www.cic.gc.ca/english/refugees/sponsor/index.asp
CIP S1E28 | Steven Meurrens. http://wp.me/p6wMQg-nq
Introduction:
Welcome to Steven Meurrens.
Well respected immigration lawyer practicing with the law firm of Larlee Rosenberg in Vancouver, British Columbia.
The firm focuses on all areas of Canadian immigration law. Advising local and multinational corporations on the movement of key employees, and individuals and families who dream of building a future in Canada.
Steven is a Partner in the firm with significant experience representing corporate and individual clients in obtaining visas and permits for many business-related purposes.
In addition to his business immigration practice, Steven has extensive experience in family-based immigration matters AND a very active practice assisting people who have been denied entry to Canada and to those whom have had visa applications refused. He has appeared before the Immigration and Refugee Board and the Federal Court.
Steven is the Chair of the Canadian Bar Association of British Columbia’s Immigration Subsection. He is a published columnist, a regular panelist at immigration law conferences, and is the author of a very widely read blog on Canadian immigration law called Meurrens on Immigration which we will talk about in a little bit.
QUESTION: How did you get into immigration?
QUESTION: Can you tell us a little about your Blog?
I am also delighted to hear that you are also wading into the wonderful world of Podcasting.
QUESTION: Can you tell us a little bit about your Podcast?
Focus on the legal side of immigration and delve into the wonderful world of administrative law in the context of Canadian immigration applications. .
If you recall, one of Steven’s specific focuses within his practice is assisting people who have been denied entry to Canada or to those who have had visa applications refused.
Challenging an officer’s decision is not always an easy thing. Sometimes, there are clear pathways with fairly well defined appeal mechanisms. However, in many cases, the only recourse is to seek redress through Federal Court.
When challenging an officer’s decision in Federal Court, administrative law principles are triggered. Today I have invited Steven to join me to help clear up, if possible this very confusion area of immigration law……..in essence this is really the core of what immigration “law” is all about.
Why is it so dang hard to challenge an officer’s decision?
1) The discretion that visa officers have when assessing applications, including:
∙ Immigration law is a subset of administrative law;
∙ Visa officers, port of entry officers, and even summer students are administrative tribunals;
∙ They have a wide range of discretion; and
∙ There is often not a right answer to a case. Rather, there is a range of possible answers.
2) Fettering discretion.
∙ That officers cannot fetter their discretion by relying on manuals as if they are law.
∙ The tension that this produces between courts who view visa officers essentially the same as they view the Immigration and Refugee Board vs. program officers who view themselves as implementing and administering departmental programs.
3) Standard of Review
∙ Questions of fact.
∙ Questions of law.
∙ My Gupta as an example.
∙ The Koo example of where there can be problems if officers have discretion in the interpretation of law.
4) Tran
∙ The FCA decision in Tran.
∙ A review of the problems with the Tran decision as identified by Paul Daly http://www.administrativelawmatters.com/blog/2015/11/13/a-snapshot-of-whats-wrong-with-canadian-administrative-law-mpsep-v-tran-2015-fca-237/
∙ Plug that I’ll be back on when Tran is released.
QUESTION: how can people reach you?
Thanks for being on the Podcast Steven.
Helpful Links:
- How you can reach Steven Meurrens: steven.meurrens@larlee.com
- Larlee Rosenberg: http://www.larlee.com/
- Steven’s Blog – “Meurrens on Immigration”: http://meurrensonimmigration.com/
- Important Case Discussed in this Episode: MPSEP v. Tran (2015 FCA 237): http://bit.ly/2ajifyo
- One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086): http://bit.ly/2authy4
CIP S1 E27 | Les Morley | Show Notes
http://www.canadianimmigrationpodcast.com
Les is an immigration lawyer practicing in Kingston, Ontario. Since 1988, he has helped people from more than 100 countries immigrate to or remain in Canada. He has reunited families, guided students and workers through the process of obtaining papers, and represented everyday people who face admissibility challenges and barriers to citizenship.
Les is a part of a small group of people that applied for and obtained a Refugee Assistance Program facility in Kingston. He is the only immigration lawyer in his one-horse town, and so he tends to get involved in a lot of the immigration-related projects in town. Similar to Lethbridge where I practice.
Also, this year he has hosted a few episode of a local cable show on COGECOTV (Kingston)
called DiverseCity. Here are links to a few of the episodes, in case there is any value in knowing about them:
-
Fresh Start for Refugees
-
Frontenac Refugee Support Group
-
Kingston Grandmother Connection
Question: How did you get into Immigration?
Introduce topic. Les wrote a great paper on Passports for our past CBA National Conference.
Get e-mails from Federal Court as a list of links to the decisions and les started seeing a trend related to the evolving area of passport law.
- Historical evolution of Passports (4:15)
- Cases that came out regarding Passports:
- People not being able to have a passport
- Shut down and couldn’t get passport
- New development using passports going out of the country.
- New Bill introduced by Honourable Ralph Goodale
The best way to reach Les Morley:
- Morley Law Office: http://www.lesmorley.com/
- LinkedIn: http://bit.ly/2afgui3
- Canada’s amazing passports: http://bit.ly/2adRbOn
- Public Safety Minister Ralph Goodale’s Bill: “An Act to amend the Customs Act”: http://www.cbc.ca/news/politics/ralph-goodale-canada-us-bill-1.3635990
CIP S1E26 – Will Tao – Life as a Young Immigration Lawyer
http://www.canadianimmigrationpodcast.com/life-as-a-canadi…er-is-it-for-you/
Will Tao Canadian Immigration Lawyer, practicing with the well respected law firm of Larlee Rosenberg in Vancouver, BC.
We are going to do things a little bit different this podcast. The purpose behind this podcast is to inspire other young lawyers to consider the practice of immigration law.
In per conversations with Will, he told me about an experience he had speaking with a well-known Bay Street lawyer before he began searching for summer jobs and she pegged it at a 0% chance that he could do immigration before five years call.
Will Tao is an Associate at Larlee Rosenberg and provides legal services in all areas of Canadian immigration law.
Will specializes in complex immigration and citizenship refusals, reconsideration requests, appeals, admissibility hearings/detention reviews, and judicial reviews of administrative decisions. Will is frequently contacted by clients and their immigration representatives after their initial applications are refused or a request for further information has been received. Will has successfully assisted his clients on several challenging, high profile cases involving employers and individuals alike.
Will also has a strong international student and temporary foreign worker practice, where he advises students and temporary workers on the compliance issues and the crucial transition to permanent residence in Canada via Express Entry and Provincial Nomination Programs. Will also serves as a legal advisor and advocate to Canadian families looking to reunite via family sponsorship.
Overall, Will believes in a client-focused approach, one that allows the companies and individuals he works with to present their case to Canadian immigration authorities with the needed balance of honesty, simplicity, and creativity.
Prior to joining Larlee Rosenberg, Will studied International Relations and History at UBC (with a focus on migration history) before attending the University of Ottawa for law school. At the University of Ottawa, Will co-founded the University of Ottawa Business Law Clinic, Canada’s first bilingual, bijural pro-bono business law clinic. In his final year of law school, Will spent a semester abroad in Chongqing and achieved Dean’s Honour List in his final year.
Will is proficient in Mandarin and enjoys sharing his experiences as a second-generation Chinese-Canadian. In his spare time, Will enjoys mentoring young lawyers and students and writing and blogging about immigration related issues. His law blog, Vancouver Immigration Blog (www.vancouverimmigrationblog.com ), was awarded a 2015 Clawbie for “Best New Law Blog” and is widely-consulted within the Canadian immigration legal and policy community. Will is a Board Member and Mentorship Chair with the Federation of Asian Canadian Lawyers, British Columbia and a Committee Member of the City of Vancouver’s Cultural Communities Advisory Committee.
1) Road to Being an Immigration Lawyer –
Q: How did you transition into becoming an immigration lawyer?
2) Why Immigration Law?
Q: What are the benefits and challenges specific to practicing immigration law?
Q: Are you worried about pigeoning-holing yourself as a young practitioner?
3) Challenges of Being a Young Lawyer –
Q: How can a young lawyer stay competitive and provide value add in the immigration market?
Q: What type of skill sets does a young lawyer practitioner need?
Q: How has being of an immigrant background impacted your practice?
4) Value of Mentorship –
Q: why it is important to have a mentor when starting out?
Q: What arenas are there to access it?
Q: What advice do you have to senior practitioners looking to mentor a young immigration lawyer or retain immigration lawyers as associates?
5) Where you See Your Practice Going –
Q: What areas of immigration law are you particularly passionate about and hope to grow moving forward?
Q: Do you have a few examples of notable cases you have been involved in?
Q: How can people reach you?
You can contact Will Tao via e-mail: Will.Tao@larlee.com
Will’s Bio: http://www.larlee.com/lawyers/will-tao/
Larlee Rosenberg, Barristers and Solicitors: www.larlee.com
Will’s Blog –“Vancouver Immigration Blog”: http://vancouverimmigrationblog.com/
CIP S1 E25 – Alastair Clarke | MB PNP | Show Notes
Alastair Clarke
Immigration lawyer practicing in the Province of Manitoba located in the heart of Canada.
Manitoba is clearly the second best province in Canada. I lived there with my wife and two kids while I was attending law school at the University Manitoba. My whole career got its start at Robson Hall.
Welcome Alastair thanks for joining us.
Why don’t I start off by telling our listeners a little bit about you?
Alastair was born and raised in Edmonton, Canada. He has worked and lived in more than 20 cities around the world including Winnipeg (current home), Toronto (Canada), Montreal (Canada), Kingston (Canada), Victoria (Canada), Vancouver (Canada), New York City (USA), Washington, DC (USA), Tokyo (Japan), Esmeraldas (Ecuador), Brussels (Belgium), Herstmonceux (UK) and Bordeaux (France). Alastair provides legal services in English, French, Spanish and Japanese.
Alastair Clarke: Legal Experience
Alastair began working with immigration issues as a student leader at the University of Victoria in 1996. For almost 20 years, Alastair has been active with immigrant communities. Alastair’s current legal practice encompasses all areas of immigration and refugee law, including Manitoba Provincial Nominee (MPNP) applications [ which is the topic we will be covering today], family sponsorships, another temporary resident applications.
In addition, Alastair has extensive experience conducting hearings and appeals at all levels of the Immigration and Refugee Board of Canada and at the Federal Court of Canada including many sponsorship appeals, deportation appeals, misrepresentation appeals, and a whole host of others.
Alastair and I have quite a few things in common. He was also a former Junior High School teacher before becoming a lawyer.
Alastair’s broad work experience helps his clients from every corner of the globe:
Canadian Embassy (Washington, DC; 2002 – 2003);
Inter-American Court of Human Rights (Costa Rica; 2003);
Global Youth Action Network (New York City; 2003 – 2004);
United Nations Millennium Development Goals Project (New York City; 2004);
Canadian Lawyers for International Human Rights (Kingston, Ontario; 2007);
Society of Professional and Graduate Students (Queen’s University; 2007-2008)
Ontario Bar Association Executive (Toronto, Ontario; 2007 – 2008);
Briefly Speaking/ JUST Editorial Board (Toronto, Ontario; 2005 – 2012);
Unison Health and Community Services Legal Aid clinic (Toronto, Ontario; 2009 – 2013)
Canadian Association of Refugee Lawyers (Toronto, Ontario; 2012 – present);
Manitoba Bar Association (Winnipeg, Manitoba; 2013 – present)
Alastair’s career in law focuses on social justice issues, professionalism and fighting to make sure people are treated fairly. After graduating from one of Canada’s top law schools, Queen’s University (Faculty of Law) in Kingston, Ontario, he articled at Green and Spiegel LLP, an immigration law boutique on Bay Street in Toronto, Ontario.
From 2007 to the present, Alastair has provided more than 50 presentations, on a volunteer basis, to community groups, lawyers and paralegals. In particular, he trained Legal Clinic staff at their annual training retreats in 2009 and 2010, funded by Legal Aid Ontario. In 2012, Alastair joined the faculty at Seneca College in Toronto and taught Immigration and Refugee Law to post-graduate students. In Winnipeg, Alastair has provided guest lectures to law students at the University of Manitoba (Faculty of Law).
How did you get into immigration?
Topics covered in the Episode:
-
What is the Manitoba PNP - General Overview
-
Are there any options available for foreign nationals to immigrate directly to MB without having first worked in the Province?
-
How can the PNP be used to transition foreign workers to PR status in Canada?
-
Are there any options for low-skill workers or is the program just restricted to skilled workers?
-
Where do you see the MB PNP headed for the future? Any upcoming changes or things the listeners should be aware of?
-
Top 3 - 5 practical tips for submitting applications OR Top 3 - 5 most common errors people make when submitting their applications to the MB PNP.
How can people reach you?
Clarke Immigration Law: http://www.apply2manitoba.ca/
Alastair’s e-mail: clarke@apply2manitoba.ca
Alastair’s Blog: http://www.apply2manitoba.ca/blog/
- “Silly Rules” of Immigration Law: http://www.apply2manitoba.ca/repost-silly-rules-immigration-law/
- MPNP: From Temporary Status to PR Status: http://www.apply2manitoba.ca/mpnp-temporary-status-pr-status/
- MPNP: How to Apply …. and Tips: http://www.apply2manitoba.ca/mpnp-how-to-apply/
Western Canada Line Dance Video: https://www.youtube.com/watch?v=hyanG4BelGg
Time Stamped Quick Reference Guide In order to help you jump to the areas of most interest to you, I have included below some time stamps for some of the significant topics covered in this episode.
3:57 – Who is Alastair Clarke?
11:28 – How he got into immigration.
16:30 – Overview of the Manitoba PNP.
18:37 – Are there any options available for foreign nationals to immigrate directly to MB without having first worked in the Province?
21:30 – How can the PNP be used to transition foreign workers to PR status in Canada?
26:52 – Are there any options for low-skill workers or is the program just restricted to skilled workers?
28:20 – Where do you see the MB PNP headed for the future? Any upcoming changes or things the listeners should be aware of?
39:06 – Top 3 practical tips for submitting applications OR Top 3 most common errors people make when submitting their applications to the MB PNP.
44:38 – How to contact Alastair Clarke.
CIP Season 1 Episode 24
Show Notes – Elizabeth Wozniak, Immigration Lawyer - Communicating with Canadian immigration authorities
Liz Wozniak is the owner of North Star Immigration Law Inc., the largest Canadian immigration law firm in the Maritimes. Liz leads a team of four lawyers and one articled clerk in providing legal services and creative solutions in all aspects of Canadian immigration law.
Liz and her team work in a collaborative environment where only lawyers work on client files and they only charge flat rates.
Liz is originally from Edmonton, Alberta and lived overseas for 5 years (in China and Korea), where she taught English after getting a degree in education from the University of Alberta. She graduated from law school in Halifax, Nova Scotia in 2001 where she remains as a lawyer and lives with her spouse and two children.
Liz is frequently consulted by journalists, government and non-governmental organizations on matters pertaining to immigration law and policy. She regularly presents at conferences, workshops and panel discussions on immigration, legal ethics and legal innovation.
Question Intro: Tell me a little more about your experience teaching English in China and Korea. I don’t suppose that had anything to do with you getting into immigration period?
Well… over the past few years it has become increasingly difficult for us as immigration lawyers to be able to speak with anyone within Immigration Refugees and Citizenship Canada (IRCC) - or other immigration related government departments when we have run into processing delays or other issues with the files we have submitted.
Contacting the government to inquire on an immigration matter has become a real issue.
I’ve brought Liz on to share some insight on this process including some potential tips and strategies in attempting to navigate the painful experience of trying to communicate with all of these lovely government departments.
Question #1: so if we are an individual who has submitted an application to IRCC and wants to obtain an update on the status of that application, how does one go about doing this? And is there a difference between inquiring on a permanent resident application, versus a temporary resident application? Inside versus Outside Canada?
Question #2: So let’s say that we have an urgent issue that requires us to reach out to an immigration officer on a file that is in process. Are there other options available to try to deal with the issue as quickly as possible?
Question #3: Bogus IRCC mechanisms for reporting abuse and conditional PR violations.
Question #4: let’s talk about the CBSA. Sometimes we have clients that are adjudicating their applications directly at a port of entry. Is there any way to reach out to these officers at the POEs in advance of someone’s arrival to discuss issues related to an application? Or to speak with an officer who has recently been refused admission to a client?
Question #5: Okay, let’s now talk about the wonderful world of the Temporary Foreign Worker Program and communicating with Service Canada when filing LMIA applications. Do you have any suggestions for navigating this ruthless world? Are there pitfalls people must be aware of when filing applications?
Question #6: let’s say you run into issues when the application is being processed. Is there a way to speak to an officer prior to a refusal? What options are available to speak with an officer after a refusal has been rendered?
CanadianImmigrationPodcast.com
CIP S1 E23: Podcast Show Notes – Russ Weninger- Temporary Foreign Worker Program Review – What does the future hold?
Russ Weninger is a Canadian Immigration Lawyer with an extensive knowledge for the low skill, low-wage TFWs and how to navigate the Immigration System. Russ' enjoys volunteering for several organizations such as, The Calgary Legal Guidance, The Center for New Commerce, The Genesis Center, Law Day and the Kirby Center.
In this episode of the Canadian immigration podcast we discussed the changes and issues within the low skill, low-wage workers and the temporary foreign worker program. Some of the specific areas covered include:
- LMIA seems to be an impossible quest.
- Cap on percentage of low-wage workers
- Challenges and abuse incidences of those in the TFWP
- Pathways to permanent residence
- The purpose of Immigration
In order to help you jump to the areas of most interest to you, I have included below some time stamps for some of the significant topics covered in this episode.
7:47 - Who is Russ Weninger
10:00 - Life in Waterton
19:49 - How he got into immigration
21:15 - Overview of TFWP for low wage/skill workers
26:20 - Caps on low wage/skill workers
34:03 - Regardless of unemployment, some jobs stay open
38:09 - Path ways to permanent residence
31:00- Why you need to maintain proper records
41:30 - The practical side of immigration?
47:10 - Greatest influence on Canadian Immigration Policy
50:41 - How to locate Russ Weninger - http://www.calgaryimmigrationlawyer.com/
CanadianImmigrationPodcast.com
CIP S1 E22: Podcast Show Notes – Betsy Kane- Employer Compliance Reviews
Betsy Kane is a senior practitioner in the field of Canadian immigration law with a reputation for providing practical and strategic advice. With over 22 years of experience, Betsy’s strengths lie in offering corporate immigration representation to employers and international employees
In this episode of the Canadian immigration podcast we discussed the Foreign Worker Program and Employer Compliance Review and some of the struggles with the process. If you are an employer or representative the unique perspective that Betsy offers is extremely useful. Some of the specific areas covered include:
- Employer Compliance Review process
- What is it like for an employer to go through an ECR
- Strategies for navigating the process and tips
- Documentation to be kept during the process
- Voluntary Disclosure
In order to help you jump to the areas of most interest to you, I have included below some timestamps for some of the significant topic covered in this episode.
4:32 -Who is Betsy Kane
9:52 -How she got into immigration
13:37 -Why lawyers leave the profession
15:15- Background on the Canadian Employer Compliance Process
21:20- A fantastic war story about a Blacklisted Client
26:21- Flow of hiring
31:00- Why you need to maintain proper records
34:11- How does an Employer know when an ECR has been triggered
41:20- How immigration law has become aggressive
43:00- Tips for employers in navigating the process
46:00- Voluntary disclosure
58:30 - How to locate Betsy Kane –contact@capellekane.com
CanadianImmigrationPodcast.com
CIP S1 E21: Podcast Show Notes – Dani Willets- Study Permits
Dani was with the Department of Citizenship and Immigration for 25 years. She was originally hired as an Immigration Officer, but in the 10 years prior to retiring from the department was primarily an immigration supervisor. She has extensive experience in every inland immigration program and several overseas programs.
In this episode of the Canadian immigration podcast we discussed Study Permits and some common areas of problem. If you are an individual or representative the unique perspective that Dani offers is extremely useful. Some of the specific areas covered include:
- Common Problem Areas
- Proof of Financial Support
- Assessing Bona Fides
- Red Flag Areas
- Interviews
In order to help you jump to the areas of most interest to you, I have included below some timestamps for some of the significant topic covered in this episode.
2:59 - Who is Dani Willets?
11:29 - Basic Statstics
15:40 – Common Problem Areas
20:21 – Proof of Financial Support
22:52 – Assessing Bona Fides
23:31 – Red Flags and Refusals
31:30 – Why questions are asked?
32:45 – Reasons why having a professional helps
39:45 -- Credibility and Fraud
45:30 - How to locate Dani Willets –tdwimmigration@gmail.com
CanadianImmigrationPodcast.com
Season 1 Episode 20: Podcast Show Notes – Marina Sedai- Express Entry
Marina Sedai has practiced immigration and citizenship law for the last 11 years. She holds a bachelor of Laws and a Bachelor of Political Science/International Relations and Psychology from Simon Fraser University.
Marina is the founder of Sedai Law Offices, and has been a frequent public speaker and taught immigration law, policy, and procedure at the UBC immigration practitioner’s program from 2010-2014.
In this episode of the Canadian immigration podcast we discussed the Express Entry Portal and the technical glitches. If you are an individual or representative the tips and tricks that Marina talks about, will help in using the portal without complication and frustration.
Some of the specific areas covered include:
- Whether or not the CRS points are going to drop.
- The linking and de-linking of individuals and representatives.
- How to update your profile and application.
- Why the portal is now asking for a date specific time frame when leaving other countries.
- Why do items or full applications disappear from the portal?
In order to help you jump to the areas of most interest to you, I have included below some timestamps for some of the significant topic covered in this episode.
4:24 - Who is Marina Sedai?
14:50 - Will the CRS points drop?
18:20 – Linking and de-linking of individuals and representatives
30:21 – How to update your profile and application after you have submitted it.
37:00 – Processing time for FBI results
39:00 – Disappearing entries and information from the portal.
41:30 – Change of Circumstance
- Divorce
- Change of address
- Change of number
42:45 – Reasons why attachments are rejected from the system
47:00 - How to locate Marina Sedai –msedai@immigrationcitizenshiplaw.com
CanadianImmigrationPodcast.com
CIP S1 E19: Podcast Show Notes – Jeffrey Lowe - PLMIA
Jeffrey S. Lowe has practiced immigration and business law in British Columbia since 1983. He holds a bachelor of Laws and a Bachelor of Commerce from the University of British Columbia, and is considered an innovator in the convergence of business, technology and law.
Jeffrey is the Chief Inspirational Officer of Lowe and Company, and has taught immigration law, practice management and legal ethics to lawyers across Canada since 1990.
In this episode of the Canadian immigration podcast we discussed the Owner Operator LMIA. If you’ve not yet heard about this LMIA category, don’t worry about it. Jeffrey does a fantastic job of setting out the ground rules, and explaining to you some unbelievably creative and unique ways to use this LMIA category to help your clients immigrate to Canada.
Some of the specific areas covered include:
- What is an LMIA?
- What is the basis for the Owner Operator LMIA?
- Practical Tips on Applying for an Owner Operator LMIA
- Specific examples of how Jeffrey has used the Owner Operator LMIA to benefit his clients.
In order to help you jump to the areas of most interest to you, I have included below some timestamps for some of the significant topic covered in this episode.
4:54 - Who is Jeffrey Lowe?
14:25 - What is an LMIA?
19:00 – What is the Owner Operator LMIA?
27:23 – 6 Different ways an individual can come to Canada to start a business with a work permit without an LMIA:
- ICT
- NAFTA Investor
- Korea, Chile, Peru, Columbia – Free Trade Agreements with comparable investor programs
- Post Grad Work Permit Holders – can set up a business (1-3 years to get operating) and then apply for O/O LMIA
- Spousal Open work permit – can also set up a business and then apply for an O/O LMIA
- Work Holiday work permit – can also set up a business and then apply for an O/O LMIA
30:37 – Can an investor obtain an O/O LMIA in the context of “passive investment”
32:20 – What percentage of ownership must an application have to qualify for an O/O LMIA
36:00 – How important is job creation to the success of the O/O LMIA?
33:51 – Specific Examples of how the O/O LMIA can be used. Including a great solution for Post Grad students seeking to remain in Canada a permanent residents of Canada
44:00 – Consider the possibility of having co-owner operators who are both eligible for an O/O LMIA
47:37 - How to locate Jeffrey Lowe – jlowe@canadavisalaw.com
CanadianImmigrationPodcast.com
CIP S1 E18 – Rekha McNutt – Show Notes
Welcome Rekha to the Podcast
Rekha practices primarily in immigration law.
She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.
Rekha had appeared before the Alberta Provincial Court and the Court of Queen's Bench of Alberta. She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.
Rekha is currently the Chair of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.
She is an avid motor cycling enthusiast:
-
Introduction of You
-
Background information and how you got into immigration
-
Introduction of Topic - What to do when your TRV application is refused?
-
Request Visa Office Notes
- Refile and address concerns of officer
-
File a JR
-
What is a JR?
-
When can it be used?
-
Share some examples of circumstances where it did work and what happened?
-
Process Flow of a JR
-
[NOTE: Step 5 and 6 could be reversed depending on which order you think would be best.]
-
Top Take-aways:
-
Consult a lawyer as soon as you get a refusal to review the possibility of a JR because of the potentially very short timeline
-
Hire a lawyer who is also familiar with the type of application that was refused. Such a person is best suited to determine whether there was an error made and your chances on JR
-
Court intervention is sometimes the only way to “change” an Officer’s mind.
-
Sometimes the consequences of not JR-ing are very serious (eg. 5 year misrep bar; refusal for inadmissibility for A35 (crimes against humanity), etc.)
-
A JR is not an ‘appeal’. The court cannot look at new evidence. So if the underlying application is deficient, the better solution may be to re-file rather than JR
CanadianImmigrationPodcast.com
CIP S1 E17: Interview with Ravi Jain – Show Notes
Pleasure of having Ravi Jain – join me on the Podcast today.
Welcome Ravi
Introduction:
-
Ravi is an immigration lawyer practicing in Toronto, Canada with the law firm of Green and Spiegel LLP (Partner)
-
He is among the small percentage of immigration lawyers who are certified by the Law Society of Upper Canada as Specialists in Citizenship and Immigration Law.
-
He has addressed the Canadian Senate as an expert witness on immigration law and appeared before the Senate Standing Committee on Human Rights.
-
On November 27, 2012 Ravi was presented the Queen Elizabeth II Diamond Jubilee Medal by Command of Her Majesty The Queen in commemoration of the sixtieth anniversary of Her Majesty’s Accession to the Throne and in recognition of Ravi’s significant contributions to Canada.
-
Ravi practices all aspects of Canadian Immigration law:
-
PR – spousals sponsorships , H&Cs PNPs, Express Entry
- TR – WP, SP, TRVs, PRRAs, TRPs
- Extensive litigation practice:
- Immigration appeal work covers all three divisions of the IRB and Federal Court work
- Successfully argued many cases, including:
- Spousal Sponsorship – which is the topic we are going to delve into today.
- In addition to the traditional law work he does, he:
- Has been a guest lecturer at Seneca College and
- Has lectured on US consular processing for the new York Chapter of AILA.
- Speaks regularly at our national Conference including the past conference in 2016 in Vancouver where he was on the Advanced Family Class Panel which covered Spousal Sponsorships
Tell us how you got into immigration?
Let’s jump to our topic today, which is Spousal Sponsorship.
Someone sponsoring their true love from abroad.
IRCC wants it to appear so simple that anyone could do it. However, when things go wrong within the application process they go really wrong.
And when things go really wrong, the best place to have addressed those wrongs is at the very beginning of the application process before you even file.
But people don’t realize all of the pit falls and it is for that reason that I wanted to Bring Ravi on to share some insight with our listeners to hopefully enlighten them a little more so that they can better prepare themselves to filing one of the most important immigration applications someone could file to IRCC.
- Strategies for inland v. outland filing
- Bad faith marriages (the two tests)
- Spousal open work permits
- Appeal process
- Processing times
- Levels planning
Canadian immigration podcast – Season 1 Episode 16
Show Notes
This episode of the Canadian immigration podcast is going to be a little different.
It’s going to be a little shorter the normal because instead of having to guests join me today I am going to share with you a little teaser as to what is coming up in the coming weeks and months.
I’m going to start off with a little bit of an explanation as to where the podcast is going to be headed in the future. After really evaluating what I want to accomplish with the podcast, I received a little inspiration as too what I should really do with it. So I’m going to share with you some of those thoughts
Then I’m going to give you a little sneak peek into the line up of guests that I have scheduled in the coming weeks. These are truly heavy hitters within the immigration bar in Canada and they are totally committed to bringing their A game.
I have always felt that there was no purpose in having a podcast unless it was totally awesome. My goal has always been to create content that totally rocks. Content that you can not get from any other place.
In the beginning stages of the podcast I put a lot of time and effort into creating valuable content that people can actually use and rely on and most importantly trust. With so much misinformation out there on the Internet many many people were having their lives ruined because they placed their trust in some website or immigration forum.
Although a lot of my immigration practice is devoted to business immigration for large multinational companies, I still have a sizable portion of work that I do for individuals.
It was witnessing first hand the destruction of peoples hopes and dreams of immigrating to Canada that caused me to want to do something different. People would come to my office when they had run out of options hoping that I could somehow save them. However, time after time if they’d only come to me a year earlier I could’ve helped them. But the majority of times there was nothing that I could do but tell them they would have to go home.
I do not do free consultations, however I really struggled charging people that I could not help. Because of this and the many consultations that I had with individuals it was starting to impact on my practice and its Financial viability. I couldn’t keep giving my time away for free yes I also couldn’t stop trying to help people who had nowhere else to turn. I recognize my legal fees were more expensive than other representatives in my community and because of that people would only come to me when they had nowhere else to go.
So I decided that the best way I could help people on a grand scale was to create a website where I wrote blogs and share tips and strategies and a podcast where I answered listeners questions and provided insight to help people protect themselves so they wouldn’t make the same mistakes that I saw people making time and time again. My hope is that if I could give people proactive advice to help them prevent making bad decisions, this was the most important thing I could do. Because I couldn’t spend all of my time providing this advice one-on-one, I decided that through social media, through blogging, and this podcast I would be able to get the message out to far more people.
Until today, I have had the privilege of interacting with thousands of people on a scale I never imagined. It actually blows my mind to think about the influence I can have in the lives of people who really need help but can’t afford it. I will never regret the decision to start this podcast. It cost me thousands of dollars to set up, but now that I understand how it works it will be a force for significant good in the future.
If I cannot use my calling as a lawyer to make peoples lives better, without expecting to always receive money for those services, then my decision to go to law school was all worth it.
So this brings me back to the Canadian immigration podcast. I have always intended it to be a podcast focused on Canadian law, Policy, and practice. In the beginning I try to produce all the content myself. Obviously, it became overwhelming with the day-to-day work of managing a law firm. However, after attending our last national immigration conference for the CBA. I realize that this platform, the Canadian immigration podcasts, did not have to be something that I hoarded selfishly.
As I listened to the various immigration lawyers presenting at our national conference I realized that there was a source of unbelievable knowledge, and experience, that was really being untapped. All lawyers have a desire to help people. The problem we have is that it is often very difficult to share insight and help with more than one person at a time because we meet with clients one-on-one. Further, we have to be careful that we are not providing specific legal advice that is taken by an individual and misunderstood and used to their detriment. Because of this many lawyers are often afraid to wade into the world of content marketing.
However, I have realized the power that exists with podcasting. And if I could invite these wonderful and amazing lawyers to come on the podcast and share their insight in a platform that can reach thousands or even Hundreds of thousands, of people at a time, then I have truly found my calling. Like I said, becoming a lawyer is an opportunity for me to give back to those less fortunate than I. This may sound a little cheesy; however, this is the thing that gives me the most satisfaction as a lawyer.
So going forward, it is not going to be the Mark Holthe show. I am going to open up this platform to anyone with a message to share, story to tell, or insight and direction that can be given to help people as they navigate the complex world of Canadian immigration law, policy , and practice. In future episodes, I am going to bring on some of the most intelligent, most experienced, most seasoned, and just overall awesome immigration lawyers consultants and hopefully one day government officers to help demystify an area that has become insanely complicated.
You were listening to the aid
With nowhere else to turn, I’m going to give people somewhere to look for information. And when these experienced wonderful immigration practitioners choose to sacrifice their time to come on the podcast, I will then do everything in my power to let those listeners know exactly where they can find them. In this way I’m also giving back to everyone of those lawyers who comes to the podcast ready to really bring it. IN other words, I want to set the bar extremely high. When a guest has prepared themselves to share fantastic insight that you cannot get anywhere else and to really showcase their knowledge and understanding and to make it available in a way that would never otherwise be available. This is when everyone wins.
This podcast isn’t going to be about fancy instructional videos, or expensive websites, or slick design. This podcast is going to be all about content. And my goal is to create the best immigration content available and not only spoken word, but written content as well. I’m hoping to get guest bloggers to share articles and insight in written form as well. Ultimately the goal is to make this the central platform for immigration professionals to have something to share, Something to offer, that can really make a difference in the lives of the people who to the podcast.
Okay, I think you get it. This podcast is going to be totally awesome.
Alright so let’s shift to the last part of this podcast.
As I have told you, I have been lining up some of the best possible guests you could get to discussed Canadian immigration law policy and practice. Here is a sampling of what I have in store for you.
-
Ravi Jain with Green and Spiegel in Toronto –Spousal Sponsorships
- Strategies for inland v. outland filing
- Bad faith marriages (the two tests)
- Spousal open work permits
- Appeal process
- Processing times
- Levels planning
-
Rekha McNutt from Caron and Partners in Calgary – JR process – dealing with TRV refusals
- Mentioned previously that first recording didn’t go very well.
- This will be our second attempt
- when the visa offices are just not nice – what do you do?
-
Marina Sedai – Sedia Law Office - Express Entry
- We presented at our National Immigration Conference of the CBA on Express Entry
- Ran out of time – so much more to cover than what we were able to do in our presentation
- Lawyers don’t want to listen to us, when they had John Acheson there
- He was very transparent – so transparent that he told us who is actually responding to our requests for reconsideration on EE refusals – the call centre agents
- I had to jump out of my chair to protect him from the invisible fruit that was being tossed at him by the other lawyers
- We are going to cover a lot of the areas that we didn’t get a chance to cover in our presentation.
- One specific area is a number of questions about that our colleagues at sent us to address in our presentation. Because we ran out of time we didn’t get a chance to answer all the questions. So hopefully we can address that in our presentation.
- Marina is a good friend and I am really excited about this one.
-
Jeffrey Lowe – Lowe and Company in Vancouver – Owner Operator LMIAs
- One of the most entrepreneurial business minded immigration lawyers in the country
- 2014 at our National CBA Immigration conference, Jeffrey, myself and Janet Thomson Price presented on the unique topic of Money Matters – The Business of Immigration Law
- I have the chance to really get to know Jeffrey. We talked about the changing landscape of immigration and our lawyers had to adapt to the business opportunities that present themselves.
- He shared a book called Who Moved My cheese by Dr. Spencer Johnson – which really got my mind thinking about ways to innovate my law practice.
- To large extent I owe Jeffrey for giving me the inspiration for starting this podcast
- what better person to talk about some of the creative uses of the Owner Operator Advertising Exemption for LMIAs:
- What is an owner operator LMIA
- Some creative ways to use it to benefit or clients
- Some FAQs that are commonly asked
-
Les Morley - Citizenship – I have never met another lawyer in the country that knows more about Passports. Wrote a paper for our CBA National Immigration section that blew my mind. It was amazing the time he put in to preparing this paper. I knew I had to get him on the Podcast, so that one is coming as well.
S1 E15: Detailed Show Notes found here: http://www.canadianimmigrationpodcast.com
In this Podcast I interview Chris Veeman an immigration lawyer from Saskatoon, Saskatchewan who sheds some light on the ever changing world of Canadian Citizenship.
Chris is on the Canadian Bar Association's National Executive and has appeared as a witness before the Parliamentary Standing Committee on Citizenship and Immigration on several occasions, including matters related to changes to the Citizenship Act.
Chris shares some great insight on citizenship that you won't want to miss... especially if you are a permanent resident of Canada getting ready to apply for Canadian citizenship.
Things are tough now, but there is significant light at the end of the tunnel.
Canadian Immigration Podcast – Show notes
Season 1: Episode 14
Interview with Barbara Jo Caruso.
Barbara Jo Caruso is a founding partner of Corporate Immigration Law Firm, located in the heart of the Financial District in Toronto, Ontario.
BJ is a co-author of the Annotated Immigration & Refugee Protection Act, published by Carswell ("The Annotated IRPA"). The Annotated IRPA is a leading immigration textbook in Canada, and is used by Federal Court Judges, Canadian immigration officials at all levels including Canada Border Services Agency Officers, Immigration Officers, Appeal Board Members, Refugee Board members, lawyers and law students alike.
I can attest to the fact the Annotated IRPA was definitely used by government officers. My first copy was given to me by the hearings officers in Calgary when I was working as a Pro Bono Student (Slave) while attending law school.
BJ is Certified by the Law Society of Upper Canada as a Specialist in Immigration Law. She is one of the most respected business immigration lawyers in the country and a tireless advocate for her clients and our profession. She is currently serving as Treasurer on the Executive Committee of the Canadian Bar Association’s National Immigration Section and a mentor to many young aspiring immigration lawyers across the country…..me included.
We could easily spend the whole podcast episode discussing BJs numerous professional accomplishments; however, knowing BJ, she probably just wants me to stop with the introductions and get to the real reason she has come on the Canadian Immigration Podcast –
and that is to discuss some recent changes that have occurred at our Canadian ports of entry that are catching many foreign nationals off guard.
- BJ, can you take a minute to explain these recent changes at Canadian ports of entry and how they are impacting people seeking entry to Canada?
Topics discuss:
- How things work at the POEs
- New access to Canadian Police Information Centre (CPIC) by PIL Officers
- 1800 cases flagged in the first month of operations where travellers were identified as having outstanding warrants against them.
- Can impact any FN who has ever been arrested, charged or convicted of a crime inside and outside Canada.
- CPIC information is not updated – onus on FN to satisfy officer they are not inadmissible
- Failure to disclose prior criminality could lead to finding of misrep and 5 year bar
- How to overcome inadmissibility – TRPs, Rehab & “deemed rehab”
Additional Questions:
- So what happens if I am an individual with a DUI who is travelling to Canada for business and I really don’t have time to prepare a TRP or Rehab application?
- What can I expect to happen if I decide to travel anyways and test my luck?
-
Let’s say I’m a Global Mobility Manager who needs to send a highly specialized employee to Canada on short notice, but fortunately the employee tells me prior to travel that she had a prior criminal conviction. What should they do?
-
Given what we now know about the increased powers of inspection granted to CBSA officers at the front lines, If there was one piece of advice you could give an individual who needs to travel to Canada, but may be criminally inadmissible, what would it be?
Sunny Days ahead for people seeking to immigrate to Canada in 2016
Immigration Forecast for 2016 with Minister John McCallum, Immigration, Refugees, and Citizenship Canada.
There has been considerable coverage of the Liberal government’s sweeping changes to immigration culture in Canada.
As quickly as the Conservative government changed many of the countries old immigration laws and programs, the Liberals have been just as fast to announce their intention to reverse them.
So the big question is……
….where exactly are the Liberals headed?
In Episode 12 of the Canadian Immigration Podcast, I shared some brief highlights from a speech given by the Minister of IRCC, John McCallum to the Canadian Bar Association’s National Immigration Section members who attended our Annual Conference in Vancouver April 7-9, 2016. I also promised that more would be coming…. so here it is!
My Top 10 List of Highlights from Minister McCallum’s Speech to the CBA Immigration Section
As you can tell, I really like the whole Top 10 Concept. Hopefully this list will actually have 10 highlights as opposed to Episode 12 of the Canadian Immigration Podcast where I somehow skipped a number and ended up with only 9 on my Top 10 list.
At any rate, if you have anything to do with Canadian immigration, whether as a lawyer, consultant, HR manager, Global Mobility Specialist, foreign national, or even Canadian employer, you are not going to want to miss this Top 10 List.
I want to start off this Podcast with one caveat. I am a 100% true and blue card carrying Conservative Party member. I hold these values dear and intend to continue my active involvement with the party long into the future. However, with this being said, and despite my best efforts to find fault, there was very little I could complain about with the vision Mr. McCallum has for immigration in Canada.
So here we go….
1. The Liberals are actually willing to listen to Immigration Lawyers and their clients in shaping the immigration landscape of Canada into the future.
MM Knows that CBA has worked on this day and night – he has read our reports on TFWP and EE – Minister impressed with CBAs contribution – didn’t disagree with anything.
Stark contrast to the previous regime. Basically considered their relations with the CBA to be adversarial.
2. Update on the Refugee situation in Canada and future intentions
Succeeded in bringing 25,000 refugees to Canada by end of February 2016
They went from a situation were the main concerns of Canadians was security especially at the time of the Paris attacks and these concerns evolved to a huge welcome provided by Canada across the country to these refugees.
Quote:
Minister McCallum felt he was the “only immigration minister in the whole world whose main challenge was to provide enough Syrian refugees to satisfy the overwhelming generosity of people who want sponsor them.
Have committed to bringing in another 10, 000 which they will expedite as quickly as possible
The liberal levels planning calls for a 300,000 target – which is an absolute maximum – one more refugee means one less of something else
The Liberals have already quadrupled the number of refugees and have reached the limit.
Restored Refugee Healthcare
3. Canadian Citizenship Act – revoked in part
Bill C6 – introduced by the Liberals to ensure – one class of Canadians in Canada and they believe a “Canadian is a Canadian is a Canadian” – “the place for terrorists is in jail not at the airport”
4. Various Changes to Family Class Applications
-
- Restoration of age of dependence from 19 back to 22
MM signed documents restoring the age of dependants to 22. However, it will take a 1 ½ years to go through the regulatory process.
Goodness knows why going from 19 to 22 should take a year and a half. Too bad I couldn’t use ministerial instruction on that.
Minister is generally opposed to Ministerial Instructions, but some times they do come in handy.
-
- Ending of 2 year conditional status on Spousal Applications.
-
- Committed in the election to bring down substantially the processing times of Family Class members.
Quote:
“Just as he is very proud as a CDN for refugees coming in, ashamed that the heavy hand of the CDN state keeps spouses apart for 2 years. This is unacceptable. This is not something that can be fixed like flicking a switch with Bill C6. On this one it takes longer.”
Solution will be to increase the capacity for immigration in this country
– the max is currently at 300,000 – want to increase this to accommodate the possibility of more immigrants and more spouses to get these processing times.
We will do this by: 1) more money and 2) more importantly need to do things more efficiently. Need to learn from experience in Lebanon and Jordon with the Refugees – where they processed applications fast, but equally well, super fast, but concurrently, ABC together, not A then B then C.
Must transfer over the experience with refugees to family class applications – do it just as well, but much more efficiently. – we did it for refugees, so of course we can do it for other – he told his department to “get to work”. This is what the department is doing – we will have positive news on spouses in coming weeks. – which could means months as usual.
5. Changes to Economic Class Applications
On “Economic Immigrants” – MM hates this term because all immigrants are economic. When you say “economic immigrants” it implies that the economic immigrants contribute and the others do not.
In 2016 many family members work – parents and grandparents enable the father and mother to work even when they do not work.
Refugees also work and contribute in the medium run – “let’s not use the word economic immigrants because all immigrants contribute to the country in one degree or another”
6. Possible changes to the Express Entry regime
In election campaign the liberals were neither critical nor praising of EE because it was so brand new. Now in process of seeking ways to reform express entry and MM values CBA input….
Had a meeting with Ontario Business People at an Ontario Chamber of Commerce and they ranked the different streams for PR status in Canada as:
TFWP
PNP,
EE
MM would like to see this reversed.
Express Entry should be the favored process for businesses wanting immigrants, then PNP, then TFW.
Challenge for MM is to make EE more flexible, more fluid, more desirable for businesses wanting to bring immigrants to Canada. Make it the first choice and not the third choice of businesses.
The First proposed change and most for sure is He thinks International Students are the best source of immigrant to Canada– because they know French and English, because they know Canada, because they are educated, because they are young, all good reasons to be great Canadians
“we should encourage them to come here and not slap them in the face by taking away their 50% credit for time in Canada, so I want to make it easier and give more points to facilitate their entry to Canada as PRs, that is pretty well for sure, other things are less for sure…
… looking at possibly less points for people getting LMIA approved Job Offer because right now it is totally dominant and has certain unintended consequences. Possibly limit ore eliminate the use of the LMIA under Express Entry…. NOT committed to doing this, but certainly committed to looking at doing it very seriously. It is something they will look into very seriously.
7. Proposed Overhaul of the Live-in Caregiver Program
MM thinks it is a great program both for young people and aging people – processing times will be coming down automatically in the next months. One major thing is that they will honor their campaign promise make significant changes to how the program works. They intend to a have a system of regulated companies who hire caregivers on behalf of families needing them and deploy them to households that need them.
Changes will help Families because they will be spared the hassle of the LMIA AND– will benefit the caregiver because if household is a problem, the company can transfer caregiver from household A to B. thus protecting the interestswill help both sides, the family and caregivers by doing this.
8. How is IRCC dealing with the challenges of two departments (including CBSA) administering immigration?
Sunny Days have arrived with IRCC, but have not yet arrived with CBSA.
– Separation of immigration into CIC and CBSA in the past
Question = has any consideration been given to bringing CBSA and IRCC back together?
He can’t speak for CBSA, but knows there has been a culture of enforcement throughout CBSA that public servants are awarded for catching as many bad people as possible. Understand there is a quota for how many refugees they expose – there is definitely scope for improvement within CBSA – Ralph Goodale, Minister of Public Safety is working on these issues.
9. What does the future hold for Provincial Nominee Programs?
When asked whether Liberals are considering increasing allocation of nominations to the provinces? MM is of two minds on this issue. He is willing to do whatever is best for the country, but being a federal person, it is not to have the federal roll disappear altogether. 50% of economic immigrants come through the PNPs. If that is best for Canada…fine.
But big theme of his speech was to improve EE so it becomes the first choice for employers. So priority right now is to improve EE. Want companies to see the Federal program EE as their first choice of what is most flexible, best, accommodating choice, there would be less demand on PNPs each year – he wants to add more immigration, but first desire is to improve the federal program so that is more attractive for employers.
10. What is in store for International Students?
some people say MM has a habit of moving too fast, but some times it is important to do it fast – there is some urgency in this matter (international students)– thinking of doing the following in stages:
Stage 1 – give more points to students under Express Entry
Stage 2- do other things to improve EE
but hoping for him to do the student thing as quickly as he can – you would agree that Ministerial Instructions for these purposes are for a good cause.
Insights on the Alberta Immigrant Nominee Program for 2016 – Brad Trefan, Managing Director
This Episode continues forward on the foundation I laid with a blog I wrote yesterday and posted on the Canadian Immigration Podcast website regarding the Alberta Immigrant Nominee Program.
It’s entitled: “Alberta Immigrant Nominee Program – How did we get here?
What every Temporary Foreign Worker must know before applying!
This blog will give you a little bit of a foundation for what I am going to share in the Podcast today.
In the blog I covered a brief history of how the AINP has been somewhat of a love hate relationship for TFWs and their legal counsel. I cover the ups and downs of the program over the past 10 years and really lead up to what I am going to be talking about today.
In this Episode of the Canadian Immigration Podcast, I am going to be sharing some insight on where the AINP is headed for this year and what every TFW needs to know before risking their future in Canada on a very volatile program.
CIP S1 E11 - Interview with Emma Goerzen of Hire Standard
www.canadianimmigrationpodcast.com
In this episode we will discuss one of the most common questions I get from people who are looking to immigrate to Canada.
How can I obtain a job offer from a Canadian company?
Why is this important?
When applying to immigrate to Canada as a skilled worker, the most common process is Express Entry.
[Explain how Express Entry works]
- History of EE
- Process for Candidates
- Ranking System
- Importance of an LMIA supported Job Offer
- Job Matching (eHarmony for employers/employees) terribly ineffective
In my practice, I do not do any recruiting for companies, nor assist foreign nationals in finding jobs with companies.
My law practice is focused exclusively on Canadian Immigration
Because I spend a lot of time explaining to people that I can not help them with finding a job, I figured that the best thing I could do would be to bring in an expert in this field.
In todays Podcast I have the pleasure of interviewing a good friend, Emma Goerzen. Emma is the co-owner of Hire Standard -
Southern Alberta's Premier Executive Staffing &
Background Screening Firm, specializing in criminal record
checks, reference checks, employment, education & credit/ID
verification along with temporary staffing & special project placement
Emma and her Team at Hire Standard are extremely knowledgeable regarding all aspects of the hiring process. In fact, I recently used them to fill an important position within our firm and we were absolutely delighted with the result.
I have worked with Emma in the past on obtaining LMIAs for companies here in Alberta that have had to source TFWs to fill labour shortages.
Our firm has handled the LMIA process and Emma was retained by the company to source the foreign worker and manage the nightmarish recruitment campaign which includes the strict advertising requirements of Service Canada that are mandatory to obtain an LMIA.
In this episode of the Podcast, Emma is going to share some insight into the hiring process in Canada. She is going to offer some tips and strategies for foreign nationals who are looking to land that coveted LMIA based Job Offer with a Canadian company and a golden ticket to receiving an ITA within the Express Entry System.
So let’s jump into the interview with Emma Right now.
INTERVIEW
I’m here in my office today with a good friend and colleague Emma Goerzen. Emma is the Co-Owner of Hire Standard, Sothern Alberta’s premier executive staffing and background screening firm.
Welcome Emma. Thanks for joining me today.
Tell us a little bit about Hire Standard. What do you do ?
Hire Standard – Permanent Staffing & Background Screening: http://www.hire-standard.com
Whether you’re looking for an Executive Member of your team or a Temporary employee to make sure your business doesn’t stop, our commitment to fit and quality never waivers. Benefits of working with us include:
-
Process: We hold fast to our stringent prescreening process – it serves as a series of checkpoints from which applicants either pass through or fall off.
-
Insight: Our staff have the insight to weed out resumes that an untrained eye may be overwhelmed or deceived by.
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Dedication: We will leave no stone unturned. We want to find the best employee for your company and we work diligently until we do
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Tempo: We pride ourselves on our ‘dog on a bone’ work style. We recognize that most quality employees, a.) don’t stay unemployed for long and b.) don’t want to work for an employer that drags their heels.
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Experience: We are familiar with the local market and types of applicants you are likely to receive. Based on our experience we can narrow down the candidates in a short time so you only see the best.
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Back Up: We offer a 3 Month Replacement Guarantee to ensure that everyone is comfortable and confident.
Top 5 List of Things a Foreign National can do to improve their chances of getting a Job Offer.
-
Look for Jobs in the right places
- Friends and Family – best source
- Online Websites:
- Job Bank
- Job Match Registration (eHarmony)
- Monster
- Workopolis
- Kijiji.ca
- Indeed
- Job Bank
- Industry Associations – appropriate to credentials
-
Ability to Communicate in English
- Excellent communication skills, written, spoken etc.
- Same Standard applies to Canadians as well
- Talk about HT recruitment and excluded candidates due to poor English – written etc.
- Safety Issue
- Good Resume – this is what grabs the attention of the company
- Not too long – no more than 2 pages
- Outlining Education and Experience that is relevant to the position
- Stable work history
- Grammatically Correct (demonstrate good English on your resume)
- SHOW NOTES: include sample of a great Canadian resume
-
Honesty and Integrity
- – much fraud in order to get the job, so lack of trust can be fatal
- be up front about any potential issues – if have necessary skills and experience, Canadian companies will work with that, but if you are dishonest, you will be rejected.
- Talk about guy from Costa Rica
- Prior refused visa, but not disclosed to us
- Resulted in his rejection as a candidate – after we obtained LIA
-
Must present well in an Interview Setting (Skype Interviews)
- Must have good internet connectivity to support Skype interviews (reflection on person)
- Communication Skills (speak English)
- Know about the Canadian Company – do your research
- Dress Appropriately
- – t-shirt saying “I love cannabis” probably not the best
- women – don’t show cleavage
Thanks so much Emma. If people want to reach out to you for more information how do the listeners find you?
www.hiringforyou.com
Spousal Sponsorship Case Study
In this Podcast we discuss the process of spousal sponsorship from the perspective of a Canadian Immigration Officer.
Bill joins me and takes the perspective of the immigration officer (bad cop) and I take the position of a persuasive Immigration Lawyer (good cop) through the assessment of the spousal sponsorship application.
We discuss how an application is analyzed by an officer.
What happens if called in for an interview.
What factors support the relationship as being genuine.
What factors suggest the relationship is non-genuine.
We also provide our Top 5 Things to Strengthen your Spousal Sponsorship Application.
- Include lots of supporting documents
- Include lots of photos
- Get to know each other's family and friends
- Explain away any problem areas
- Don't rush off and file too quickly without a track record in your relationship
Show Notes – Canadian Immigration Podcast – Season 1 Episode 9
http://www.canadianimmigrationpodcast.com
https://www.stringam.ca/immigration-mark-holthe/
LAST EPISODE – S1 E8
-indicated that Billie and I would use our prior experience as Canadian immigration officers to debate whether or not a spousal sponsorship application should be approved based upon a fictitious fact pattern we developed.
-Billie and I will be doing this in Episode 10 instead of this episode, so stay tuned, because it should be a lot of fun.
WHY I HAVE NOT RELEASED A PODCAST IN 2 MONTHS
-Canadian Immigration Institute Created
-Why I decided to create a course on Express Entry
- Lots of misinformation on the internet
- Many people coming to me when it was too late
- CIC’s “one touch” policy very ruthless
- Just wanted to help people who had no other place to turn for information they could trust
- Running a firm to financially support my family, so could not provide one-on-one free advice like I had in the past
- Decided to create a Course on Express Entry where I could teach a large group of people at the same time how to prepare and submit their EE applications.
-produced webinars on express entry to provide free information and introduce people to the concept of an EE course.
-created and ran my first pilot program on how to submit an Express Entry profile.
-however, the interest in the course was not sufficient to justify going through with it.
-surprising result was that many more people would rather hire our firm directly than take the course.
-this was unexpected and resulted in considerably more work for the firm than I anticipated.
-my time had to be focused on helping all the new clients and I did not have time to continue with the Podcast and producing new content for the Canadian Immigration Podcast website.
-because IRCC has made the process so complicated and difficult, many dabbling lawyers and light weight consultants have now dropped out of the picture because they could not keep up with the changes and were not able to competently help people with immigration.
- this has resulted in many more people coming to our office for help
-because I love podcasting so much and producing content for my site, I knew I would have to make some changes within our law firm.
-I have now made adjustments by hiring new staff and restructuring my firm so that I can once again turn my attention to what I love to do most, which is creating the Canadian Immigration Podcast and providing free resources and information to people that can not typically afford to hire an immigration lawyer.
PROFESSION OPPORTUNITY – COME WORK FOR US
-I also want to extend an invitation to any currently practicing Canadian immigration lawyers or certified immigration consultants, no matter where you live in Canada or abroad, who are looking for an opportunity to work within an awesome growing law firm, but do not want the stress of having to meet certain targets, or work on a full time basis.
-Because of the virtual nature of our law firm, we are in a position to offer a platform in which you can work as much or as little as you want under the Holthe Tilleman LLP umbrella in whatever geographic location you may be in. You would be able to work on a contract basis or in a part-time capacity while being compensated directly for the work you want to do.
-This is how I intend to continue meeting the needs of our clients and create opportunities for professionals who have seen their practices shrink with the toughening immigration market and the significant restrictions on TFWs and people no longer qualifying for PR.
-Just reach out to me directly through our firm website at ht-llp.com or contact me through my LinkedIn profile, Facebook, or any other method that works. You can also call our law firm directly on our toll free number at 1-844-485-8204 and ask to speak with me
DIY GUIDE DILEMMA
--So I have decided to not continue forward with the course.
-Dilemma I now face is whether or not it makes sense for me to create DIY guides for those who simply want to do it themselves, but would like a little professional help to avoid some of the common pitfalls that easily beset people who try to do it themselves.
-So I want to hear from you.
-If you think it would be a good idea for me to create a series of DIY Guides to Canadian Immigration I would love to get your feedback.
-These guides would be video tutorials on how to complete the various types of Canadian immigration applications
-You can respond in the comment section of this Podcast, or send us your thoughts via our Canadian Immigration Podcast Facebook Page. I’d love to hear from you.
-The responses we receive will largely dictate whether or not I proceed forward with the DIY Guides at this time. So please take the time to let me know if you think it would be something useful for people who could not otherwise afford to hire an immigration representative.
WHAT IS NEW WITH CITIZENSHIP AND IMMIGRATION CANADA
Citizenship and Immigration Canada’s New Name
CIC now Immigration, Refugees and Citizenship Canada (IRCC)
-transition is slowly taking over and now we are seeing virtually all communication coming back as IRCC versus CIC.
-CIC website has not yet changed. I considered registering the domain name for IRCC as soon as the change was announced, but I’m not really in the business of being a domain squatter.
-IRCC website has been really slow lately…..possibly due to rollover to new domain
New Electronic Travel Authorization Coming into Effect
Starting March 15, 2016, visa-exempt foreign nationals who fly to or transit through Canada will need an Electronic Travel Authorization (eTA).
Exceptions include U.S. citizens and travellers with a valid visa.
Entry requirements for other methods of travel (land, sea) have not changed.
See: http://www.cic.gc.ca/english/visit/eta.asp
-
Apply electronically through MyCIC portal: http://www.cic.gc.ca/english/visit/eta-start.asp
-
$7 fee
-huge problem brewing
-
You cannot apply for an eTA if you are:
-
a Canadian citizen or a dual Canadian citizen,
- a Canadian permanent resident, or
-
a U.S. citizen. (However, lawful permanent residents of the U.S. need an eTA if travelling by air.)
-
What if your PR Card is expiring and you need to travel.
-Current PR Card Processing times are at 171 days: http://www.cic.gc.ca/english/information/times/
-what if you need to travel and need your PR Card extension processed on an Urgent Basis?
To qualify for urgent processing, you must be:
- travelling in the next three months, and
- returning to Canada on a commercial vehicle, like an airplane, train, boat or bus.
Even if these conditions apply to you, we may not be able to process your request urgently or get your card to you before you need to travel.
http://www.cic.gc.ca/english/information/pr-card/apply-urgent-processing.asp
-
Can you imagine the nightmare that is going to happen for visa exempt nationals such as UK, Australian, or other Canadian PR holders who come from visa exempt countries and have to travel without a valid PR card
-
in the past, they could often just travel on their Passports and airlines or CBSA would rarely have an issue when they returned because they didn’t need a visa.
-however, now if they are PRs, the airlines will not let them board unless they have a valid PR card, or hold an eTA.
-well, PRs of Canada can not apply for an eTA, so what are these people to do?
-if you are a PR abroad and you have lost your PR Card, or you have applied to extend it and it has not yet been processed and you want to return to Canada, IRCC requires that you apply for a Travel Document as a Canadian consulate or visa office abroad.
-what a colossal waste of time and drain on everyone’s resources.
-let me share with you what I am advising my clients.
-remember, eTAs only apply to “air travel”. So if you are entering Canada via a land crossing from the US, then the old rules apply
-although there is never a guarantee that a CBSA officer will not give you some hassle, I am advising my visa exempt clients who have PR Card extensions in process and need to travel after their current PR cards have expired to travel to the US by land and then fly domestically within the US or internationally from a US airport and then return to Canada via the land crossing.
-obviously, visa exempt nationals with PR status in Canada must still meet the requirements of the US visa waiver program, or hold a valid US visa; however, in this manner, business trips, important personal trips can still be accommodated for without the hassle of applying for a Travel Document.
If you have any specific questions regarding this process, just leave me a comment and if it is something that all our listeners could benefit from, I will share it with everyone.
ANSWERS TO LISTENER QUESTIONS
Listener #1
From: kumar
Subject: [your-subject]
Message Body:
hello, I applied for express entry in September 2015 and my file was choose from the pool in oct 2015. After submitting my document in last of oct, they asked me to submit my passport. I submit it last week, I will get my passport in few business days. After receiving my passport, I want to travel to my own country, India for some kind of work. Is that possible, or should I wait for my pr card? If I want to travel to my own country before receiving pr card, then what will be the procedure? can I enter the Canada after my visit to India
Answer: If you must leave before your PR Card is processed,
You must apply for a Travel Document at one of the Canadian consulate’s in India before you can return: http://www.cic.gc.ca/english/information/applications/travel.asp
Current processing times to receive your initial PR Card are at 42 days.
http://www.cic.gc.ca/english/information/times/
There is a process to request Urgent Processing of your PR card, however, there are no guarantees and I can tell you from my experience that nothing is urgent for them these days
-when you factor in all of the people with PR Card extensions pending who need to travel and are going to be caught by the eTA rule, it will be unlikely that any request for urgent processing will be accepted unless there is truly an emergency (and even then it is doubtful)
Listener #2
From: Krishna
Subject: [your-subject]
Message Body:
Good day,
Just to give you a background I had applied under the Express Entry program last year through a consultant. However as the consultants were really ineffective I decided to opt out of their services. Now I am trying to apply on my own this year and had a question regarding the application process.
While applying I am asked if I had applied to CIC before and there is another question asking if I had applied for EE before.
I belive I should say yes, as my ex-immigration consultants had applied on my behalf right?
They are yet to share the Express Entry file number and the Unique Client Identifier (UCI). In your opinion they should be sharing these identification numbers with me right?
As when I was with them, they never shared these details.
regards
Krishna
Answer: Absolutely. Any representative, whether immigration consultant or lawyer has an obligation to cooperate with you when you wish to discontinue their representation.
If you owe them money, they may be able to keep the work product that they created and not return it to you. However, when it comes material that you have paid for, you are entitled to receive copies of your file materials which includes your EE file number and UCI number.
If they refuse, then I recommend that you report them to their regulatory body. If a consultant, it would be the Immigration Consultants of Canada Regulatory Council (ICCRC): https://www.iccrc-crcic.ca/home.cfm
If a lawyer, then you can search the Provincial Law Society governing body where the lawyer practices and follow the links providing instructions on how to report misconduct.
IDEAS FOR OUR NEXT PODCAST
If you have a question or topic you would like covered in our next podcast, please let me know by leaving me a voice message by clicking on the “Ask an immigration Question” widget on the right side bar of the Canadian Immigration Podcast website.
You can also leave me a message by going to the “Contact” section of the CIP website and leaving a message on Facebook, Twitter, or LinkedIn. You can also fill in the comment section provided on the contact page.
In the coming episodes, I am going to be interviewing various Canadian immigration industry leaders who will be sharing their experience and insight into some of the current challenges people are facing with Express Entry as well as other issues we as immigration lawyers and consultants face when representing our clients before Immigration, Refugees and Citizenship Canada.
So stay tuned.
DON’T FORGET TO SUBSCRIBE ON ITUNES
Don’t forget to subscribe to the CIP on iTunes and take the time to rate the Canadian Immigration Podcast. The more responses we get, the more exposure the Podcast will receive by those who can benefit from what we share and the tips and guidance we provide in navigating the complex world of Canadian Immigration.
In this episode of the Canadian Immigration Podcast, I provide answers to listener questions.
The general topics discussed include:
- Express Entry - Can a Post Grad Work Permit holder qualify for Express Entry without an LMIA supported Job Offer?
- Express Entry - What is a Job Offer with the Express Entry System? Does it have to include an LMIA to get the 600 points?
- Work Permit Renewal - Is it legal to work while in restoration status?
- Express Entry - Do I need to upload all of my work experience, or just relevant work experience?
- Express Entry - Should I have my accompanying spouse take the English Language Test to get points under Express Entry?
As the founder of the Canadian Immigration Institute, I am really excited to announce that the full Express Entry Pilot Course is just about ready to be released.
Go to our Canadian Immigration Podcast website and sign up for our mailing list to have the opportunity to receive our exclusive offer to participate in the full Express Entry course.
We will be sending out invitations first to all of the people on our mailing list to participate in a free webinar on Express Entry that will lead up to the release of the new Express Entry course. Space will be limited, so those on our mailing list will get the first opportunity to sign up for the webinar.
In the webinar I will share some awesome tips on submitting your Express Entry permanent resident application and explain in detail what the Express Entry course will look like and why I think it is going to be a real game change for people looking to file their own Express Entry application to Canada.
In this Episode of the Canadian Immigration Podcast I interviewed Billie Young our newest immigration representative having just received her Canadian Immigration Consultant designation.
Prior to joining our law firm, Billie was working as an immigration officer with Citizenship and Immigration Canada. I thought it would be great to ask her to share some of her insight and experience working as an immigration officer assessing immigration applications.
During this interview, we turned back the curtain on Citizenship and Immigration Canada and explained how an officer adjudicates applications. There are things that officers like and things they definitely do not like to see in an application. Hopefully you will get a much better idea of what you need to do to increase your chances of getting your application approved.
If you would like to book a consultation with Billie, you can do so through our contact form on the www.ht-llp.com website.
The New Liberal Government’s Immigration Reforms How changes impact foreign workers and prospective immigrants? ”We will make it easier for immigrants to build successful lives in Canada, and contribute to the economic success of all Canadians.”
“Immigration has always been an important part of Canada’s economic growth, but over the past decade, Stephen Harper has turned his back on welcoming those who want to contribute to our country’s success.”
- Refugees: “We will renew and expand our commitment to helping resettle more refugees, and deliver a refugee program that is safe, secure, and humane.”
- Settle 25,000 Syrian refugees by Jan 1
- Well underway
- Invest $250 million ($100 million this year) to increase refugee processing, sponsorship and settlement
- Restoration of Interim Federal Health Program
- Provided limited and temporary health benefits to refugee claimants
- Appoint individuals with appropriate subject-matter expertise to Canada’s Immigration and Refugee Board.
- Establish an expert human rights panel to determine designated countries of origin, and provide a right to appeal refugee decisions for citizens from these countries
- Settle 25,000 Syrian refugees by Jan 1
- Removed Visa Requirements from Mexican Citizens
- Phasing out visa requirements for other countries
- Emphasis on Family Reunification: “We will take immediate steps to reopen Canada’s doors, and will make reuniting families a top priority. “
- We will also nearly double the budget for processing family class sponsorship.
- Reducing wait times for spousal sponsorship and Parental sponsorship
- Double parent and grandparent entry applications to 10,000 a year
- Currently taking 8-10 years to process
- Remove conditional PR (currently 2 years live together)
- Increase age of dependency from 19 to 22
- Many children between 19 -22 are in school and still depend upon parents
- Citizenship:
- Repeal Controversial provisions in the Citizenship Act to strip citizenship from dual nationals
- Bill C-24 – created second class citizens and more difficult to become citizens
- Crediting individuals for residency time prior to PR as it did before
- Express Entry:
- will provide more opportunities for applicants who have Canadian siblings by giving additional points under the Express Entry system
- We will make changes to the Canadian Experience Class to reduce the barriers to immigration that have been imposed on international students.
- Temporary Foreign Worker Program:
- Removal of $1000 LMIA fee for caregivers of physically or mentally disabled family members
- Better regulate caregiver agencies
- “We will also work with the provinces and territories to develop a system of regulated companies to hire caregivers on behalf of families. This will make it simpler for families to hire caregivers, and protect caregivers by allowing them to change employers in the case of bad relations or abuse.”
- We will also nearly double the budget for processing family class sponsorship.
Listener Questions:
Question 1
From: Hasanova
Subject: Immigration to Canada
Message Body:
I live in Azerbaijan with my family and I am expressing a deep interest in migrating to Canada for a better life for my family.
Question 2
From: sagun
Subject: express entry and work permit
Message Body:
Hi,
I would like to inquiry that if I have Job offer letter supported by LMIA by a company in supervisor post. Can I apply for Work Permit as well as FSW Express entry program together? Please reply me.
Sincerely yours
sagun
Question 3
From: aruna
Subject: canada immigration
Message Body:
Is experience in banking consider as skilled work experience?
Report on Express Entry Pilot Course – Canadian Immigration Institute
-
Express Entry Pilot Course on submitting your profile was completed yesterday November 21st.
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Fantastic group of people involved. It was a lot of fun.
-
Gained great insight into the areas that give people the most trouble.
-
I will use this wonderful insight in creating the full Express Entry course
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Now that Phase 1 is done, I will be sending out an invitation to participate in Phase 2 of my pilot which will cover all aspects of filing your PR application after you receive an ITA.
-
Stay tuned for more information in the coming weeks.
Questions for our Next Podcast
If you have an immigration question you would like to leva with me, there is a number of ways to do it.
- You can leave it in the comments section under this podcast,
- connect with me on Facebook at the Canadian Immigration Podcast facebook page.
- I can also be reached through LinkedIn and Twitter,
- and even on my law firm website: Holthe Tilleman LLP.
Because of the high number of questions I get, I am not always able to answer each person individually. I am really sorry for this. However, I will try to select the best questions that I get most frequently and podcast the answer as I have done in this episode. So please don’t hesitate to send your immigration related questions my way.
Subscribe to the Canadian Immigration Podcast on iTunes
If you have enjoyed this podcast, please subscribe.
If you enjoyed the show, please rate it on iTunes and write a brief review.
That would help tremendously in getting the word out and raising the visibility of the show.
Don’t forget to subscribe to my mailing list as well.
Links to Resources:
Real Change: A New Plan for Canadian Immigration and Economic Opportunity: https://www.liberal.ca/files/2015/09/A-new-plan-for-Canadian-immigration-and-economic-opportunity.pdf
Liberal Party Platform: What does Real Change Mean to you? https://www.liberal.ca/realchange/
Express Entry – The secret to finding your correct NOC!: http://www.canadianimmigrationpodcast.com/express-entry-the-secret-to-finding-your-correct-noc/
Express Entry - Top 5 Reasons you are deemed ineligible by the “Come to Canada” assessment tool
Access the "Come to Canada" Wizard here: https://www.canada.ca/en/immigration-refugees-citizenship/services/come-canada-tool-immigration-express-entry.html
- Don’t have a valid language test
- test is more than 2 years old
- test score is too low
- CLB 5 for CEC NOC B
- CLB 7 for FSWP
TIP: remember you enter your actual scores from your test, NOT the CLB conversion totals.
TIP: it asks for your Skilled Work Experience IN CANADA – you need to understand which skill level applies to you.
- You don’t have enough skilled work experience
- Skilled – B,A, or 0
- 1 year, continuous, paid, F/T or equal amount in part time – in only one occupation
- You don’t have enough funds
- If no job offer, must meet LICO [ will provide LICO Tables
- Depends on size of family – larger fam = more settlement funds
-
Don’t meet minimum qualifications under one of the Economic Programs:
- CEC = need minimum 1 year skilled work experience in Canada + English CLB 5 for NOC B and CLB 7 for NOC A and 0
- FSWP = 67 points
- English and/or French Skills (28)
- Education (25)
- Work Experience (15)
- Age (12)
- Arranged employment in Canada (10)
- Adaptability (10)
- FST =
- Language (speak/listen = CLB 5) (read/write = CLB 4)
- Skilled Trade Experience 2 years within 5 years previous
- Have F/T Offer of Employment for 1 year OR certificate of qualification from a Province or Territory.
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Problems with your Personal Reference Code:
- Entered the wrong personal reference code:IN0157416692 when started EE profile
- Waiting too long to start EE profile and personal reference code has expired – valid for only 2 months
- If need to redo profile, this comes up frequently
Listener Questions Proof of Funds:
I have been granted an ITA through Express Entry and the portal is asking me to provide proof of funds. I know I don’t have enough to cover myself, my wife, and my 2 children. Can I borrow money from my father to provide the “show money”?
Answer: If you are receiving money, it must be an irrevocable gift and not a loan. If you have a large deposit within the previous 6 months, you simply need to explain where the money came from, this will be critical. Maybe you sold a house or other possessions to obtain the settlement funds.
Suggestion: try to save money in advance and have it in your account over a period of 6 months. If money is obtained from family, it has to be an irrevocable gift to you. May sure that you provide an affidavit or other document confirming that your family provided you with the money and does not expect it to be paid back.
This should include details related to the transaction such as:
- Date and amount of the transfer of funds
- Account numbers and who owns the accounts
- Even reference numbers for the wires or other transfers
Always include a letter explaining where the funds came from.
Don’t forget the bank letter confirming the following:
- Your name and date of the statement
- Account number
- Current balance
- Average balance in the past 6 months
- Date the account was opened
TIP: you can show funds from multiple accounts and use them collectively
TiP: if you have sufficient funds in one account, you don’t need to submit letters for all of your accounts.
Tip: You can NOT use property valuations as proof of funds. The property would need to be sold and the funds available in your account.
Tip: You can also NOT show borrowed funds, so loans are out.
Immigration Resources
EE eligibility: http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp
CRS Tool: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
CRS Criteria: http://www.cic.gc.ca/english/express-entry/grid-crs.asp
FSWP eligibility: http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
Ministerial instructions for EE: http://www.cic.gc.ca/english/department/mi/express-entry.asp
Express Entry – Completeness Check Policy: http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp
CIC LICO chart: http://www.cic.gc.ca/english/immigrate/skilled/funds.asp
This is a special episode of the Canadian Immigration Podcast. I recently had a chance to speak to Lethbridge Chapter members of the Human Resources Institute of Alberta.
I had the opportunity to speak with my Immigration Technical Advisor, Billie Young where we presented on the following topics:
- Immigration in the News
- Legislative Changes - Thanks to the Press
- Foreign Worker Basics / LMIA Issues
- Express Entry
- Employer Compliance
- What's on CICs Horizon
You can access the power point slide deck that accompanied this presentation here.
If you like what you hear, go to www.canadianimmigrationpodcast.com for more great content related to Canadian immigration law, policy, and practice.
Don't forget to rate this Podcast on iTunes as well.
In this episode of the Canadian Immigration Podcast, I discuss my top five reasons Express Entry applications are refused.
- Reference Letters are Deficient
- Police Clearances are Missing
- Educational Degrees are not included with ECAs
- Language Test Results have Expired
- Proof of Funds Lacking
I also shared some tips for avoiding these common mistakes.
- Collect all documents before you receive your ITA
- Consider declining your ITA if your application is not 100% complete prior to filing PR application.
I also spend some time answering some listener questions related to the Express Entry program. Some of the topics covered included:
- How do I qualify for Express Entry?
- Can my employer apply for an LMIA that only supports Express Entry?
- Is it mandatory to have an LMIA to get the 600 Job Offer points.
The full show notes can be found on the Canadian Immigration Podcast website.
If you have a question you would like answered, please leave me a message on my website and if your question is selected, I will podcast the answer.
Welcome to Season 1, Episode 2 of the Canadian Immigration Podcast (www.canadianimmigrationpodcast.com) In this episode I will be discussing the Top 5 things you need to do to prepare yourself before even thinking about submitting your Express Entry profile.
Opening Tip: Do not take an English Test first as indicated on the CIC Webiste!
Follow my steps below and you will save yourself money if there is no current hope of you being eligible to submit your Express Entry profile.
- Assess Your Admisibility to Canada
- Determine if you have at least 1 year of Skilled Work Experience
- Take the Language Test
- Get an Educational Credential Assessment done
- Determine if you qualify for one of the Economic Immigration Programs (FST, FSW or CEC)
Listener Question
The pro's and con's of removing a spouse from an Express Entry application.
Question for Next Podcast
Have you had your Express Entry application returned, or refused? If so, let me know and I will share in Season 1 - Episode 3, some helpful suggestions for improving your chances of success on the second attempt. Go to my webiste: www.canadianimmigrationpodcast.com to leave your comment.
Share the Love
Don't forget to leave a comment on my website and provide a review of this Podcast on iTunes. It will help me rank higher so that I will be able to reach more people looking for free information they can trust on Canadian immigration law, policy, and practice.
Welcome to the Canadian Immigration Podcast. I decided to take a little time off to figure out how to do these podcasts properly. I had a lot of fun making the initial ones, but felt that if I was going to take this on in any serious way, I had better get things sorted out early on. So I spent some money on better audio equipment and created a new website to host the future podcasts I intend to share.
www.canadianimmigrationpodcast.com.
Everything has finally come together to allow me to release this podcast once and for all. I intend to offer practical advise on all things related to Canadian Immigration law, policy, and practice.
In this episode, I explain why I created the Canadian Immigration Podcast, a little about who I really am, and conclude with my lofty plans for the future. In future episodes I will continue to answer listener questions related to Canadian Immigration. If you have a question, please go to my website and enter it through our audio "Ask an Immigration Question" widget, or alternatively drop me a message through our contact page. I'd love to hear from you.
If you like what you hear, please leave comments. If you don't like what you hear, then by all means let me know as well. My goal is to create something that will allow me to share free information that people can trust related to Canadian immigration.
I hope you enjoy this first of many weekly podcasts.
CIC’sExpressEntry ProgramcomingJanuary 1, 2015
CrucialFactsfor CanadianEmployers and Prospective Immigrants
Fact Sheet: Produced by the CBA's National Immigration Section
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The Express Entry program is not simply a case management system. It imposes a new layer of requirements before prospective applicants are “invited” to make an economic class application for Permanent Resident (PR) status. These requirements apply to all applicants in the Federal Skill Worker (FSW), Canada Experience Class (CEC) and Federal Skilled Trade (FST) Worker classes.
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CIC language leads one to believe that prospective immigrants simply need a job offer to rank highly under the Express Entry program. This means not just any job offer. To rank highest in the pool of potential immigrants and compete for an Invitation to Apply (ITA), an applicant will need a job offer that has been approved by a federal Labour Market Impact Assessment (LMIA) or supported by provincial government nomination.
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LMIA applications require employers to undertake extensive recruitment campaigns and prove that no Canadian citizens or permanent residents are available for the position. The exacting compliance regime applicable to the Temporary Foreign Worker Program will therefore also apply to employers seeking to recruit permanently under Express Entry.
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If there is no LMIA or the employer does not qualify to participate in their provincial nominee program, the employer must advertise on Canada’s national job bank and pursue recruitment activities designed to attract Canadian citizens or permanent residents to replace the existing employee in order to qualify for an LMIA. Employers will be required to justify why they have not hired Canadians to replace the incumbent. This applies to any foreign worker who wants to apply for permanent residence with the support of a federally approved offer of employment, including senior managers, executives and specialized knowledge workers now employed in Canada through LMIA-exempt programs.
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For professionals and intra-company transferees who qualify to work in Canada without a LMIA under international trade agreements (i.e. NAFTA, Canada-Chile FTA), employers will now need to obtain an LMIA or a provincial nomination to attain some measure of certainty about eligibility for permanent residence status.
-
International students who have come to Canada for international study and offered assurances of an easy pathway to permanent residence will now have to obtain LMIAs or provincial nomination to compete for an ITA. This means that international graduates who are not provincially nominated will need to have their entry-level job offers vetted by ESDC to assess whether they are displacing Canadians. Employers of new graduates will have to demonstrate that they are prepared to pay international graduates above entry-level wages for the occupation and that their newly acquired skills are in demand in the Canadian labour market.
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Canadian employers in key tourist destinations like Whistler and Banff will have to seek LMIAs to retain employees who entered Canada under long-standing bilateral youth exchange programs, such as the International Experience Class and Working Holiday Programs. Employers will have the costly administrative burden of seeking LMIAs for employees who have proven themselves integral to the operations of Canada’s thriving tourist and hospitality sectors.
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Genuine and well-intentioned employers will be forced to falsely advertise vacancies and clog Canada’s newly improved national job bank with positions that are already filled by highly qualified skilled personnel (such as Canada Research Chairs and CEOs of major Canadian companies) that employers want to retain permanently. By requiring employers to advertise for permanent LMIAs to better position their employees’ chances of success under Express Entry, the government will skew Canadian labour market data and compromise the effectiveness of its employer-employee matching program.
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When creating a personal profile in the pre-application phase of Express Entry, applicants must ensure that all information entered into their electronic profile is 100% accurate and reflective of their points or human capital factors. Any data entry error or misunderstanding of the requirements in the pre-application phaseof the process could be construed by CIC as a misrepresentation, which is an immigration offence carrying a five year ban on entry to Canada.
-
On receipt of an ITA, applicants could have their selection or invitation to apply revoked if they fail to perfectly complete their application through the new online portal being developed by CIC. If the application is deemed incomplete for any reason, applicants must return to the pool and hope they receive a second invitation to apply.
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Provincial nominees who would otherwise not have to take a language test or have their foreign education credentials assessed will have to take these steps to qualify for entry into the provincial nomination pool in the Express Entry stream. Similarly, CEC applicants with foreign education, who do not usually need an educational assessment, will need one to rank higher under the Comprehensive Ranking System. Foreign secondary and postsecondary educational credentials each require an Education Credential Assessment for CRS points. Obtaining an Education Credential Assessment from a CIC accredited third party education assessor can be very time consuming, especially for those whose education was completed before digitization of records.
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The government’s electronic system for selecting immigrants for Express Entry and matching employers with suitable applicants lacks transparency and certainty. Uncertainty will lead to the perception that Canada is not open for business, as companies cannot ascertain in advance whether they can retain key personnel in Canada. Similarly, the world’s best and the brightest candidates will seek out immigration programs that offer concrete criteria for selection.
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Under Express Entry, the government has promised to process applications in six months or less. Timely processing of immigration applications is key to Canada’s ability to compete for global talent. CIC needs an ascertainable bridging mechanism in place to allow those working in Canada to continue to do so until their permanent status is granted. CIC has stated that bridge work permits under Express Entry will be available only after approval in principle of an application. This requires an assessment of the application on its merits. By delaying eligibility for a bridge work permit, applicants and Canadian employers cannot rely on a seamless transition from temporary to permanent residence. CIC is taking away the existing benefit of allowing a bridge work permit once an acknowledgment of receipt of the PR application has been issued.
As many are now aware, Citizenship and Immigration Canada has finally released the criteria upon which candidates will be assessed when applying under the Canadian Express Entry process. For the most part we are now in a very good position to understand what it takes for a foreign national to be drawn from the Express Entry pool and given the magical Invitation To Apply (ITA).
Where to find the best Express Entry information and resources If you want to read the proposed legal provisions (if you are interested in that kind of thing) they are found here. Although I am a lawyer, don’t get the idea that I enjoy reading them. I do it because my clients expect it and to practice immigration law with any degree of competence, you need to understand the actual regulations and law governing the immigration process and not just accept, at face value, an officers interpretation of what they think it is – especially when you are faced with a refusal of your application.
With this being said, not everyone can make sense of statutory language, so the best source of information is the official Express Entry Website that provides excellent information in a way that most of us can understand. You will want to examine carefully the section describing how the Comprehensive Ranking System (CRS) works. This will give you a very good idea as to the factors CIC considers most important for foreign nationals desiring to immigration to Canada under one of our Economic Class programs.
In future blogs I will spend more time breaking down the CRS formula including how to increase your score through improving your core “Human Capital” and “Skill Transferability” factors. However, with the high number of Temporary Foreign Workers running out of time due to the April 1, 2015 cap, the only thing that really matters is how to ensure your application is complete and ready to submit on January 1, 2015 (or the earliest possible time after EE is launched) so that there is a chance of getting drawn as soon as possible.
Let’s face it, for many TFWs, time is just about up and this may be your last chance at remaining in Canada permanently (See my Blog entitled “Temporary Foreign Worker Program – 4 Year Cap is Looming: Top 5 Ways to Stay” if you would like other ideas on how you might be able to stay legally).
Authorized representatives and slick Express Entry marketing plans With the impending launch of Express Entry, it is not surprising that all sorts of amazing marketing strategies are popping up all over the Internet. Immigration lawyers and consultants are clambering to attract the attention of foreign nationals looking to engage a reputable representative to guide them through the Express Entry process. Although the decision to hire an authorized representative depends on a number of important factors, I would strongly encourage you to be very cautious engaging any firm or other immigration group that does not have their actual immigration professionals listed clearly on their website. I believe foreign nationals are taking a great risk when engaging a faceless entity to assist them with some of the most important decisions of their lives.
Make sure you know exactly who is representing you and who will be working on your file. It doesn’t matter if the lawyer or consultant managing the firm has 5000 years of experience in immigration. If their paralegal or other support staff are the ones completing the application, without direct oversight and ongoing training from that lawyer or consultant, the vast experience of that principal is ultimately meaningless. So choose wisely, not cheaply.
I must admit that I have been quite surprised at how quickly these new Express Entry marketing websites, entertaining videos and wide assortment of infographics have surfaced. In the vast majority of cases, the information is just a summary of the information contained within the CIC Express Entrywebsite. However, some of the professional videos that have been produced by my colleagues within the immigration bar are quite impressive. In fact, after watching these informational videos on Express Entry, I think CIC should adopt them and put them on the official Express Entry website. They are really well done.
So how can my little firm compete? So as I sit here late at night feeling considerable “website/video envy”, wondering how my awesome little firm (with our simple little website) is going to compete with the slick marketing campaigns of my much large and sophisticated competitors, I realize that maybe I really don’t have to compete at all.
Maybe all I need to do is focus on what I do best!
I just need to keep writing informative blogs and releasing useful podcasts (you can subscribe to my “Canadian Immigration Podcast” and my “Canadian Immigration Answers” podcast on iTunes) that actually give people useful tips and strategies for navigating the soon-to-be troubled waters of Express Entry.
Express Entry minefields examined in future blogs. However, notwithstanding the information and strategies I explain in this blog, candidates need to understand that although the government goes to great lengths to make the Express Entry process appear simple with no need to hire a representative to assist them, in fact, there are a number of potential minefields that can trip up an unsuspecting candidate and cause them to be, at best, bounced from the candidate pool and, at worst, barred from applying under the program for a minimum period of 5 years. However, I will also reserve the identification of these dangers for another blog.
This blog is all about knowing what you need to do now to give yourself the best chance of being selected early come January 1, 2015 when Express Entry is launched.
Top 5 things you must do now to increase your chance of getting drawn quickly for Express Entry With the 4 year cap looming on April 1, 2015 and the corresponding desire of many TFWs to obtain PR status as quickly as possible in order to remain in Canada, I have provided below the top 5 things you need to do now in order to put yourself in the best position possible to file your application as soon as Express Entry opens on January 1, 2015.
1. Apply immediately for any critical third-party supporting documentation. In other words, if you have to request documentation from any outside agency, you are completely at the mercy of their processing times. As such, you must apply immediately because as more people start doing what you are doing, processing times will skyrocket. In order to submit your application you will need to have your supporting documentation ready. Although CIC may allow candidates to submit profiles without some original supporting documents, they will most definitely require proof that they had been applied for. The most critical of the “third-party” documents (things you need to apply for or book an appointment to get) include:
- Language Testing Results (LTR). This is probably the most important “third-party” document you will need to obtain. You have the option of taking the Canadian English Language Proficiency Index Program (CELPIP) or the International English Language Testing System (IELTS). You need only take the “General Test” for either option. Information regarding these tests can be found here. We have found that clients who learned English in the Americas generally do better with the CELPIP test as the accent is “Canadian” and often times easier to understand. The IELTS may be a little tougher because the accent tends to be more closely associated with continental English with its accompanying variations in terminology. Obviously if you learned continental English, the IELTS may suite you just fine.
[HINT: Sample CELPIP tests can be accessed here.]
[HINT: Sample IELTS test samples can be accessed here.]
- Educational Credential Assessments (ECA). Although ECAs are only mandatory for FSW applicants, a favourable ECA report will earn you more points for education on the CRS and improve your chances of being drawn. Once again, processing times are the real issue. With all of the credential assessment locations being inundated with requests, processing times are climbing all over the place. In some cases, there are delays of up to 3 or 4 months to obtain an ECA. Make sure to call around and specifically ask for processing times. CIC has provided a list of the designated organizations for ECAs here. Our latest experience suggests that the World Education Services may be one of the quicker options. However, you need to shop around. If you are desperate and running out of time and money is not an option, you may even consider submitting your credentials for assessment at multiple locations and take the results that come back the quickest. Obviously, one would expect that the assessments should be comparable. However, if they are not, then presumably you would use the one that provides the most favourable assessment.
- Police Clearances (PC). Depending upon the countries from which you need clearances, you must at the very least start the process and document all of your efforts. If you are applying through a jurisdiction where the process can take up to 3 months or longer, you will be able to submit evidence to support the fact you have applied for the clearances. However, if you do not keep copies of the efforts you are making to secure your police clearance, CIC will bounce your application if you have submitted nothing and are at the police clearance stage.
[HINT: Police Clearance information can be found here.
- Immigration Medicals (IM). Remember that immigration medical examinations must be obtained from a CIC designated Panel Physician. As is the case with ECAs and PCs, as candidates are rushing to complete IMs to finalize their PR applications, it will become increasingly difficult to book appointments with Panel Physicians. Book now so that you are able to get your IM right away. Immigration medicals are valid for a period of one year.
[HINT: The global list of CIC Panel Physicians can be found here.
2. Start collecting your civil status documents. Make sure that you have your birth certificates, marriage certificates (if applicable) and valid passports ready.
- Birth Certificates. One of the most troublesome of the civil status documents is the birth certificate. Most TFWs in Canada came to Canada by virtue of their passport and as such, may not have their birth certificates readily available. As such, we often find our clients scrambling to locate their birth certificates back in their home countries and frequently end up having to order new ones if they are lost. This process can take time, so make sure that you have either your birth certificate in hand, can easily access it, or have ordered a new one. This advice would apply equally to marriage certificates as well.
- Passports. The problem with passports is that they have an expiry date. We have had a number of occasions where we were preparing to file a PR application for a client when we realized that the passport was expiring in just a few months. Make sure your passport is valid for at least one year. If it is not, we recommend that you take steps immediately to have it extended as CIC requires a passport to be valid for at least 6 months at the time of visa issuance. We know that CIC is going to be super strict when it comes to supporting documentation, so although we have been able to submit copies of expired passports in the past with an accompanying statement indicating that an application had been filed for an extension or a new one, I would strongly discourage doing this now as CIC will have no problem returning a person to the EE pool if a complete application has not been filed within the 60 day window.
3. Collect reference letters. Make sure that all reference letters meet the minimum expectations of the various PR programs. If you want to know exactly what the reference letters currently need to look like, go directly to the document checklists for each specific program – Canada Experience Class (CEC), Federal Skilled Worker Program (FSW), Federal Skilled Trades (FST). CIC has confirmed that they will not be making substantive changes to the CEC, FSW, or FST categories when EE is introduced. However, it is possible the some of these requirements could change. Given the consequence of further delays, it makes sense to get the letters in accordance with the existing instructions and then make any changes later in the event the document checklists are substantially changed by CIC. However, as I indicated previously, this is unlikely.
One of the areas that causes the most difficulty for foreign nationals is ensuring that they have properly matched their particular position with the correct National Occupational Classification (NOC) code. Please remember that CIC uses the 2011 NOC for the purposes of the Express Entry program, but the Temporary Foreign Worker Program uses the 2006 NOC. This distinction can be important if the duties and/or employment requirements for your position are different when comparing the 2006 NOC with the position profile for the 2011 NOC. Because of this distinction, be careful when relying blindly on the NOC code set out in your LMIA (LMO) confirmation. If you get the NOC code wrong, it could unravel your whole PR application and lead to a refusal thus placing you back into the EE pool.
Finally, in order to ensure a proper identification of your position within the NOC, you must be able to demonstrate that you performed the actions set out in the “lead statement” for the occupation as well as a substantial number of the “main duties” of the occupation as set out in the occupational description of the NOC. If the duties do not match, the PR application may be refused.
4. Complete the existing PR application forms now. Identify the PR category or categories you feel you may qualify under and start completing all of the application forms as they currently exist.
We know that the EE application system will be electronic; however, it is highly probable that if you have taken the time to thoroughly complete the current application forms, this information will likely be the exact information you will need to complete the electronic based application materials once they are released. By completing the existing forms as a reference point, you can save considerable time after EE is launched because all you will need to do is transcribe the information from your forms into the EE electronic filing system.
There is nothing worse than having to waste valuable days attempting to recalling specific residential addresses and where you have travelled over the past 10 years. Depending upon your personal history, collecting this information can be extremely time consuming often necessitating the enlistment of family and friends living abroad to help in the search.
[HINT: Links to the EE eligible permanent resident programs are set out below:
Canada Experience Class
Federal Skilled Worker
Federal Skilled Trades
5. If you are running out of time, consider hiring an authorized representative. I recognize that this may once again be a shameless plug for hiring our law firm. However, if you are racing to beat the Temporary Foreign Worker cap on April 1, 2015, you are going to need a lot of help. Not only are you likely working full time, but this will be your first experience applying for permanent resident status in Canada. It goes without saying that you can not afford to get it wrong. In fact, even if you get it right and manage to have your EE candidate profile placed into the pool, you may be missing out on critical human capital and skill transferability points without even knowing it. These points could make the difference between being extended an ITA and languishing in the pool until its simply too late and you have to return home.
Why hire Holthe Tilleman LLP? As I indicated earlier in this blog, our firm does not have the resources to produce fancy videos, or the in-house talent to create slick infographics or other enticing marketing campaigns to entertain you or wow you with our sophistication. What we have to offer is what you see above – and we offer it freely.
Our desire is to provide tons of useful information and direction for those who want to “Do-it-themselves” while at the same time demonstrating to those interested in hiring an immigration representative that we know what we are doing and can actually help. If you want to learn more about the services we offer and why we feel we stand out from the crowd, click here.
Ask us a question! If you have general questions regarding the Express Entry process or any Canadian immigration matter feel free to connect with us through the “Ask an Immigration Question” portal on our website (ht-llp.com). For those who would rather leave a voice message, you can also do so on our website by clicking the “Ask an Immigration Question” tab on the right side bar. I will respond to these general question via our new “Canadian Immigration Answers” podcast available for download on iTunes.
If you have specific questions and immigration problems that need to be addressed immediately, please contact our office directly to book a paid consult.
Stay tuned for future blogs on Express Entry and a wide variety of other Canadian immigration topics.
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Mark Holthe
Partner, Holthe Tilleman LLP
Mark is an x-immigration officer with Citizenship and Immigration Canada having worked on the Canada/US border. He is currently serving as an Executive Member of the National Immigration Law Section of the Canadian Bar Association and Immediate Past-Chair of the Alberta South Immigration Section of the CBA. He is a frequent speaker and educator on Canadian Immigration Law and Policy and regularly offers seminars and workshops to lawyers, consultants, and human resource personal related to the Temporary Foreign Worker Program and the transitioning of foreign workers to permanent resident status in Canada.
On April 1, 2011, the government imposed a four year cap on all Temporary Foreign Workers working in Canada on LMIA (LMO) based work permits in trade or technical level positions and lower. Four years seemed like an eternity away for employers and their newly hired TFWs.
When the cap was introduced, the Temporary Foreign Worker Program (TFWP) was heavily supported by the Conservative government in Canada. Despite enacting added measures to catch employers abusing the program, the process for hiring and obtaining work authorization for foreign nationals was relatively straightforward. Those days are gone…..long gone! In fact, the TFWP is under full attack from this same Conservative government as they quickly take steps to distance themselves from any responsibility for the perceived abuses within the program. In June of this year, the TFWP was overhauled and significant effort is being made by the Conservatives government to reduce the total number of foreign workers in Canada in preparation for an attempt at re-election in 2015.
It is now late November 2014 and many temporary foreign workers are struggling with the reality that their time in Canada is very quickly drawing to a close. Canadians should not plan on travelling outside of Canada during the month of April 2015 because the airlines will be completely full with foreign workers who have capped out and are returning home. In many cases, these foreign workers will have been in Canada with their families for much longer than 4 years. Facing the reality of having to start over again in their home countries, our law firm receives many calls from employers and individuals desperate for a solution that will allow them to remain in Canada.
Despite the bleak horizon for most TFWs and the companies that employ them, some options do exist. Although the specific circumstances of each individual will often dictate the options that may be available, and corresponding chances of success, our firm has identified the top 5 strategies for helping foreign workers remain in Canada.
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1. Apply for PR status immediately and obtain a bridging work permit. In many cases, options may be available to apply for PR status in Canada. However, individuals must act immediately to book an english language assessment and complete the PR application process before January 1, 2015 when the new Express Entry processes goes live. If the foreign national is able to obtain a positive selection decision on the PR application from CIC they may be able to obtain na open bridging work permit to allow them to continue working in Canada until a decision has been made on the PR application.
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2. Employer files for a permanent LMIA to support the TFWs Express Entry selection. Under the Express Entry program, candidates with LMIA supported job offers will quickly be given Invitations to Apply (ITA) for PR status in Canada. There is no known restrictions on employers obtaining a “permanent” LMIA to support the candidacy of an existing employee who will be capping out on April 1, 2014. In fact, even if the employee ha to return home because the work permit can not be extended, the Express Entry selection process will continue forward regardless of them being in Canada.
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3. Transition from an LMIA based work permit to an LMIA exempt work permit. The four year cap only applies to TFWs working in Canada pursuant to an LMIA based work permit at Skill Levels B,C, or D. Although the LMIA exempt work permit options may be limited, it is critical that all available avenues be explored. After all, the consequence of doing nothing is to simply pack your bags and go home when the current work permit expires. Some possible categories include, International Experience Class (working holiday), NAFTA, GATS, Significant Benefit, and the Spousal Program). If a TFW is accompanied to Canada by a spouse, the accompanying spouse may seek to obtain a work permit. If the position is at a skilled level (Skill Level B, A, or 0), a spouse may be eligible for an open work permit. As such, the accompanying spouse becomes the principal work permit holder and the spouse capping out could switch to an open spousal work permit to continue working.
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4. Seek admission to a Canadian college or University and become a foreign student. Some employers may be willing to support a valued TFW in returning to school to obtain a diploma or degree. Alternatively, a TFW may choose to apply for post secondary studies independently. If enrolled in a program of studies (other than ESL), and other eligibility requirements are met, foreign students can work up to 20 hrs per week off campus during the regular school term and full time during the regular scheduled breaks without a work permit. In fact, this is an open work authorization, so there is generally few restrictions on the type of employment pursued. Companies would be free to employ a current TFW in any number of ways on a part-time basis while they are going to school. Upon completion of studies, a post graduate work permit may be available which can lead to a number of options for PR status in Canada.
This scenario can also be played out if the TFW has an accompanying spouse. If the accompanying spouse becomes a foreign student in a post secondary institution (not ESL), the spouse currently working on the LMIA based work permit could apply to transition to an open work permit through the spousal employment program similar to option #3 above. This open work permit would similarly allow the TFW to work in virtually any occupation including their present position if so desired.
- 5. Choose to file an Humanitarian and Compassionate application for PR status in Canada. When no other options appear to be available, some individuals may choose to apply for PR status under the H&C category. This application is designed to allow foreign nationals and their families to apply for PR status in Canada when they do not otherwise qualify under any other category. This option is truly an option of last resort and does not have a high rate of success. However, families who have lived in Canada for many years and have Canadian born children may have sufficiently established themselves in Canada to warrant a positive H&C decision. Establishment alone would likely be insufficient; however, it is one factor of many that could be used to support an H&C application.
Because of the complexity of these strategies, we encourage you to contact our office immediately to have us assist you in determining if one of these strategies may be suitable for you. With less than 4 months remaining before many foreign workers reach the 4 year cap, the time to act is now. Call our office to set up a consult.
Mark Holthe, Partner, Holthe Tilleman LLP
mholthe@ht-llp.com
1-844-485-8204
Mark is an x-immigration officer with Citizenship and Immigration Canada having worked on the Canada/US border. He is currently serving as an Executive Member of the National Immigration Law Section of the Canadian Bar Association and Immediate Past-Chair of the Alberta South Immigration Section of the CBA. He is a frequent speaker and educator on Canadian Immigration Law and Policy and regularly offers seminars and workshops to lawyers, consultants, and human resource personal related to the Temporary Foreign Worker Program and the transitioning of foreign workers to permanent resident status in Canada.
Top 10 things employers should be aware of regarding the recent changes to the Temporary Foreign Worker Program announced on June 20, 2014.
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Employment skill level determined by wage versus NOC classification.
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Cap imposed limiting the proportion of low-wage TFWs at worksites.
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Refusing applications in areas of high unemployment.
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Reduced duration and time caps on LMIA based work permits.
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Cancellation of Provincial LMIA exemption agreements.
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Transition plans for high-wage positions.
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Expedited processing of LMIAs for highest demand, highest-paid and shortest-duration occupations.
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New job match service for employers and Canadian employees.
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Stronger enforcement will lead to severe penalties for non-compliant employers.
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Increased fees to support employer compliance and enforcement measures.
Stop by our website: www.ht-llp.com to learn more about our Canadian legal services and unique fee structure.