Canadian Immigration Podcast

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe is joined by guest co-host Igor Kyryliuk to tackle one of the most critical yet misunderstood components of Express Entry applications: responding to Procedural Fairness Letters (PFLs). This episode is part of the "Time's Up" series and shines a spotlight on the rising trend of misrepresentation allegations and PFLs issued by IRCC, particularly around work history inconsistencies. Mark and Igor walk through the anatomy of a procedural fairness letter, highlight real-world examples, and break down the essential do's and don'ts when drafting your response. They also explore how changes in federal immigration policy, increased use of AI in application assessments, and the government's intent to reduce temporary and permanent residents are raising the stakes for Express Entry applicants. Whether you're currently facing a PFL or want to avoid one altogether, this episode provides vital strategies to safeguard your immigration future. Key Topics Discussed What is a Procedural Fairness Letter? Understanding its role in Canadian immigration processing. Legal duty of fairness and when it is (and isn't) triggered. Common Triggers for Procedural Fairness Letters Inconsistencies in work and education history across past applications. Undeclared prior visa refusals. Omissions vs. commissions and the role of intent. Responding to a PFL Effectively How to structure your response to rebuild officer trust. Importance of taking full responsibility and providing detailed explanations. Addressing issues proactively—even before receiving a PFL. Examples of Misrepresentation Real cases where innocent mistakes led to serious consequences. When forgetting to mention past employment or education can cost you your future in Canada. Consequences of Misrepresentation Five-year inadmissibility bans. Loss of status, future refusals, and trouble with immigration systems worldwide. Strategic Considerations When to disclose new information voluntarily via a webform. Use of GCMS notes to anticipate officer concerns. Consulting with an immigration lawyer to preempt or respond to issues. Key Takeaways A small mistake in your Express Entry profile can escalate into a misrepresentation allegation with devastating consequences. Procedural fairness letters are your opportunity to clarify and defend your case—use them wisely. Owning your error and submitting a well-organized, transparent response is critical. Proactively addressing discrepancies before IRCC flags them can save your application. Legal help isn't optional—it's essential when facing a PFL. Quotes from the Episode Mark Holthe: “Even if you're not trying to mislead, a simple omission can still land you with a five-year ban for misrepresentation.” Igor Kyryliuk: “Officers don't have hours to read your documents. Your response should be clear, well-structured, and make it easy for them to say yes.” Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult Enroll in the Express Entry Accelerator and Masterclass Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry unpack one of the most overlooked but impactful aspects of Express Entry: language testing. As one of the few areas where applicants can directly influence their CRS score, the language test often becomes the make-or-break factor in receiving an Invitation to Apply (ITA). Mark and Alicia take a deep dive into why language tests matter more than ever, how to choose the right test, and what pitfalls to avoid when entering your results into your Express Entry profile. They also examine the crucial role French proficiency now plays in Express Entry scoring, especially in the context of category-based draws and the federal government's push for Francophone immigration. Whether you're building your Express Entry profile or trying to increase your CRS score, this episode offers a detailed, practical guide to getting it right—before you risk a refusal or misrepresentation allegation. Key Topics Discussed The Power of Language Tests in Express Entry Why language test scores are one of the most controllable and impactful factors in your CRS score. How they affect eligibility under CEC, FSW, and category-based draws. Examples of missed opportunities due to expired or invalid test results. Approved Tests and Common Pitfalls A breakdown of approved English and French tests: CELPIP, IELTS (General), PTE Core, TEF, and TCF. Key differences between test formats and how they affect your performance. Why using the wrong version (e.g., IELTS Academic) can invalidate your score. Test Validity and Expiry Rules How long your test results are valid (and what date counts). What happens if your results expire between your ITA and eAPR. When to retake the test to avoid losing points—or your application. CRS Boosting Strategies The significance of CLB 7 and CLB 9: minimum thresholds vs. competitive scoring. The points advantage of adding French as a second language (up to 74 extra points). How dual-language applicants can outperform others in a tight draw environment. Data Entry and Misrepresentation Risks How to correctly input test codes, registration numbers, and scores in your profile. The hidden dangers of typing errors and mismatched documentation. What to do if your test expires mid-application. Retesting and Test Selection Strategy Why retaking a test can make a meaningful difference. Choosing between CELPIP, IELTS, and PTE based on format, availability, and your strengths. How to leverage test prep and targeted coaching to improve scores. Key Takeaways Language tests are one of the best ways to increase your CRS score quickly and legally. Accuracy matters: a small data entry error can cost you your ITA—or worse. CLB 9 opens the door to significant bonus points through skill transferability. French proficiency is now a game-changer under category-based draws. Retesting and preparation are strategic tools, not just last-ditch efforts. Quotes from the Episode Mark Holthe: "If there's one part of your Express Entry profile that you can control—and improve—it's your language test score." Alicia Backman-Beharry: "People miss out on invitations every week because of expired scores or invalid test versions. Don't let that be you." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult Enroll in the Express Entry Accelerator and Masterclass Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode Summary In Episode 167 of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry dive into one of the trickiest parts of Express Entry: properly claiming Canadian work experience under the Canadian Experience Class (CEC). What sounds simple—just “a year of work”—is actually a legal and technical maze. From self-employment issues and vacation rules to miscalculating hours and unauthorized work, this episode breaks down exactly what qualifies, what doesn't, and how to avoid being found ineligible or worse—misrepresenting your case.

Episode Summary In this essential episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry return with another instalment in the Express Entry “Getting it Right” series—this time focusing on physicians and healthcare professionals. While doctors may excel in their field, navigating Canadian immigration law is a whole different beast. Mark and Alicia explore the unique challenges medical professionals face in Express Entry applications—from the pitfalls of choosing the wrong ECA organization, to confusion around Canadian spouses, unpaid internships, and self-employed work experience. They also dig into the April 2023 policy change that allows self-employed physicians to finally claim Canadian work experience under CEC—if done correctly.

Episode Summary In this critical episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry dive deep into one of the most overlooked yet high-stakes sections of the Express Entry process: the statutory information questions in your eAPR. Whether you're answering questions about criminal history, prior visa refusals, or previous refugee claims, one careless answer—or a failure to disclose—can result in a finding of misrepresentation and a five-year bar from Canada. Mark and Alicia walk through real-world scenarios, key case law, and provide actionable advice for how to navigate this sensitive part of the application. This episode is a must-listen for anyone preparing to submit their Express Entry application and unsure how much to disclose.

Episode Summary In this episode of the Canadian Immigration Podcast, Mark Holthe and co-host Alicia Backman-Beharry dive into one of the most critical yet confusing areas of Express Entry: what happens when your situation changes after receiving an Invitation to Apply (ITA). Whether it's a job change, a new family member, or realizing you made an error in your profile, what you do next could mean the difference between permanent residency or a five-year ban for misrepresentation. They walk you through the consequences of making changes post-ITA, what types of changes are most common, and—most importantly—how to handle them properly using Letters of Explanation (LoEs). This episode is an essential listen for anyone who's received an ITA and wants to avoid costly mistakes that could derail their immigration journey.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry tackle one of the most critical yet frequently misunderstood aspects of Express Entry applications: proving work experience. With refusals on the rise, Mark and Alicia walk you through the common mistakes applicants make when submitting reference letters and employment documents—and how to avoid them. They dive deep into the essential elements of a strong reference letter, including what must be included, what officers look for, and how to handle situations where you can't get the perfect letter. Whether you're applying under the Canadian Experience Class (CEC), Federal Skilled Worker Program (FSW), or navigating category-based draws, this episode is a must-listen for anyone serious about avoiding rejection and maximizing CRS points.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe breaks down the latest immigration measures introduced by the Liberal government, focusing on their impact on temporary residents, construction workers, and Canada's housing crisis. With a late Friday night announcement (as usual), Minister Marc Miller introduced new initiatives that aim to support the construction industry, but many are questioning whether these measures are fair to legal workers already in Canada. Mark takes a deep dive into the government's plan to expand the Out-of-Status Construction Worker Pathway beyond the Greater Toronto Area. While the goal is to address the labor shortage in housing, many legal workers—who have followed the rules—are being left behind. Mark is also joined by Miguel, a newly landed permanent resident and carpenter in the GTA, who shares firsthand insight into the real state of construction jobs in Canada. His shocking experience contradicts the government's claim that there is an urgent need for more workers. If you're a temporary resident, construction worker, or someone frustrated with the ongoing changes in Canadian immigration, this episode is a must-listen. Key Topics Discussed

Episode 161 Show Notes Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry dive deep into one of the most common and misunderstood aspects of Express Entry—settlement funds. Misconceptions about proof of funds often lead to rejected applications, unnecessary delays, and missed opportunities for permanent residence in Canada. Mark and Alicia break down who needs to show settlement funds, how much is required, how to prove financial stability, and what happens if you don't have the necessary funds. They also explore changes to proof of funds policies, the implications of the recent immigration shifts, and practical strategies to ensure compliance with IRCC's strict requirements. If you're applying for Express Entry, understanding proof of funds is critical. Whether you're applying under the Federal Skilled Worker Program (FSW), the Federal Skilled Trades Program (FST), or the Provincial Nominee Program (PNP), this episode will give you the insights you need to avoid costly mistakes. Key Topics Discussed

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Igor Kyryliuk dive into the latest category-based Express Entry draws and the major changes announced by IRCC. With some occupations removed, new categories introduced, and controversial priorities in focus, Mark and Igor break down what's changed, who benefits, and who is left scrambling for options. With the Provincial Nominee Program (PNP) allocations slashed, IT occupations removed from STEM draws, and French language candidates dominating Express Entry invitations, it's more important than ever to understand where you stand and what your best strategy is moving forward. Key Topics Discussed Breaking Down the Category-Based Draws: What's Changed? The removal of key occupations, including software engineers and truck drivers. New additions: Education occupations and… insurance agents in STEM? The government's shifting immigration priorities—is this about labor shortages or politics? Who Wins, Who Loses? Winners: Francophones, healthcare workers, and some skilled trades. Losers: IT professionals, transport workers, and general skilled workers without category-based eligibility. The huge gap in the job market—are these changes actually solving Canada's labor shortages? French Language Dominance in Express Entry The disproportionate number of draws for French speakers—why is this happening? 74 extra CRS points for French proficiency—is it fair compared to LMIA-based job offers? How this impacts non-French-speaking candidates and Express Entry cut-off scores. Strategic Advice: What You Can Do Next How to pivot if your occupation was removed from the draw list. Exploring alternative programs—should you switch to PNPs, study permits, or job offers? Why leaving Canada could actually be your best path to PR in the future. The importance of tracking Express Entry trends and adapting quickly. Key Takeaways ✅ Express Entry priorities have changed—adapt or risk losing your chance at PR.✅ STEM draws are no longer a safe bet—most IT occupations have been removed.✅ French language remains the biggest Express Entry advantage—74 bonus CRS points.✅ Healthcare and trades still have strong demand, but some workers are left out.✅ Strategic planning is critical—book a consult to explore your best path forward. Quotes from the Episode Mark Holthe:"How did insurance agents and brokers make it into the STEM category while software engineers got removed? Somebody, please explain this to me!" Igor Kyryliuk:"If you think Express Entry is stable and predictable, think again. IRCC can change the game at any time, and you need to be prepared." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry kick off the Express Entry Getting It Right series by tackling one of the most misunderstood aspects of Express Entry: Police Clearance Certificates (PCCs). Many applicants mistakenly assume they know when and how to submit police certificates—only to have their applications refused due to errors. Mark and Alicia break down the IRCC requirements, clarify common misconceptions, and provide essential tips to ensure you get it right the first time. With Express Entry becoming even more competitive and IRCC enforcing strict completeness checks, one mistake could cost you your ITA and delay your PR process. Key Topics Discussed Why Are Police Clearance Certificates Important? The role of PCCs in verifying admissibility under Canadian immigration law. Who needs to provide PCCs—principal applicants, spouses, and dependent children over 18. The risk of criminal inadmissibility and how it can impact your PR application. When and How to Obtain Your Police Clearance Certificate Understanding the 10-year rule—when police certificates are required. Why a PCC must be issued after your last stay in a country for 6+ months to be valid. Special cases: What to do if you currently live in the country requiring a PCC. How IRCC handles PCCs for certain high-risk countries (e.g., Mexico). Common Mistakes That Lead to Refusals Submitting a PCC issued before leaving the country—why this leads to rejection. Failing to provide PCCs for dependent children 18+. Assuming a PCC is valid if it has no expiry date—IRCC's rules differ from local laws. Misreporting time spent in a country—how incorrect address history can trigger a PCC request. Practical Tips to Avoid PCC Pitfalls Start early! Some PCCs take months to process. Follow country-specific IRCC guidelines carefully—common pitfalls with the UK, Australia, and South Africa. If a PCC isn't available before ITA deadline, provide proof of best efforts. Always submit in full colour—black-and-white scans can lead to refusal. Double-check official names of the PCC to avoid IRCC rejecting the wrong document. Key Takeaways - PCCs are mandatory for Express Entry applicants and must follow IRCC's strict timing rules.- Six-month rule: PCCs are needed for any country where you've stayed six months or more in a row in the last 10 years.- A PCC must be issued after your last departure from the country to be valid.- Mistakes = Refusal. IRCC will return your application as incomplete if PCCs are missing, incorrect, or outdated.- Start early! Delays in obtaining PCCs can derail your PR process. Quotes from the Episode Mark Holthe:"Submitting an Express Entry application without the correct police certificate is one of the most common mistakes we see—and IRCC has no mercy when it comes to refusing incomplete applications." Alicia Backman-Beharry:"The six-month rule is now in a row—not cumulative. Many people still get confused and risk losing their ITA because they misunderstand this critical requirement." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry continue the Time's Up series with an in-depth look at the Certificate of Qualification (COQ) and how it affects Express Entry points. Many applicants mistakenly assume they qualify for the 50 additional CRS points—only to have their applications refused. Mark and Alicia break down the eligibility criteria for claiming these points, common mistakes applicants make, and the step-by-step process for obtaining a legitimate COQ from a Canadian province or territory. With IRCC's tightening immigration policies and the elimination of job offer points on the horizon, getting this right has never been more important. Key Topics Discussed Understanding the Certificate of Qualification What is a Certificate of Qualification, and who needs one? The critical difference between a provincial professional license and a trade certificate of qualification. Why doctors, nurses, and other regulated professionals do NOT qualify for these points. Express Entry Eligibility: Do You Really Get Those 50 Points? The specific trades that qualify for COQ points under Express Entry. Language requirements: Why a CLB 7 or higher is essential for claiming the full 50 points. How miscalculating your CRS score can lead to refusals and lost opportunities. Common Mistakes and How to Avoid Them Clicking “Yes” to having a COQ when you don't—why this leads to refusals. Assuming a professional certification (e.g., nursing, accounting, law) qualifies for trade points. Failing to obtain the COQ before submitting an Express Entry profile. How to Properly Obtain a Certificate of Qualification The step-by-step process of getting a COQ in British Columbia as a cook (example case study). Differences in provincial regulations—where and how to apply. The role of Red Seal certification in cross-provincial trade recognition. The Future of Express Entry: What's Changing? The upcoming removal of job offer points and its impact on Express Entry. Why trade workers may have an advantage in future Express Entry draws. The shift towards category-based Express Entry draws—what trade workers need to know. Key Takeaways Not all certifications count as a Certificate of Qualification—only specific skilled trades qualify for points. You must obtain the COQ before claiming points—falsely claiming it can lead to a refused application. Language scores matter! If your CLB is below 7, you won't get the full 50 points. With job offer points disappearing, trade workers may benefit from Express Entry changes—but only if they have a proper COQ. Consult an immigration professional before applying—small errors can cost you your chance at PR. Quotes from the Episode Mark Holthe: "There's nothing worse than filing your Express Entry application, expecting 50 points for a Certificate of Qualification, and then getting a refusal because you never actually qualified." Alicia Backman-Beharry:"Professions and skilled trades are NOT the same thing. If you're a doctor or a nurse, you do NOT qualify for these 50 points—it's as simple as that." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry continue their Time's Up series with a deep dive into one of the most misunderstood aspects of Canadian immigration: bridging work permits. They break down the key differences between Bridging Open Work Permits (BOWPs) and Bridging Closed Work Permits, highlighting the common mistakes that can lead to costly refusals. With tightening immigration policies and minimal room for error, Mark and Alicia emphasize why understanding these distinctions is critical for temporary foreign workers transitioning to permanent residency. They also provide insights into employer responsibilities, the impact of Provincial Nominee Programs (PNPs), and the importance of maintaining legal status in Canada. Key Topics Discussed Understanding Bridging Work Permits What is a Bridging Work Permit, and who qualifies? The difference between Bridging Open and Bridging Closed Work Permits. Why not everyone with an expiring work permit is eligible for a bridging permit. Eligibility Criteria The specific requirements under Regulation 205(a) for LMIA-exempt work permits (BOWP). When a Regulation 204(c) letter from the province is needed for a closed bridging work permit. How Provincial Nominee Program (PNP) restrictions on employment impact eligibility. Common Mistakes and How to Avoid Them The dangers of applying for the wrong type of bridging permit. How missing documentation, like an A-series number from the employer, can lead to refusals. Why many applicants only realize their mistakes after it's too late to fix them. Employer Responsibilities and Pitfalls Why employers sometimes withdraw support at critical moments. The importance of employer compliance in the Employer Portal for closed permits. What happens when employers get cold feet—and how it impacts your PR application. Changing Employers During PR Processing The risks involved when switching jobs while your PNP application is in progress. How a restrictive PNP nomination can lock you into an employer-specific permit. The critical need to consult legal professionals before making any employment changes. Strategic Advice for Maintaining Status How to ensure you remain legally in Canada during your PR application process. The importance of proactive planning to avoid falling out of status. When leaving Canada voluntarily may be the best option for preserving future immigration opportunities. Key Takeaways Choosing the wrong bridging work permit can lead to refusals, putting your ability to work—and your permanent residency application—at risk. Employer support is crucial: If your employer refuses to submit the necessary documentation for a closed permit, you could lose your ability to work. PNP restrictions on employment can dictate whether you're eligible for an open or closed work permit. Always double-check your nomination letter for restrictions. Changing jobs during PR processing without proper guidance can result in losing your nomination and jeopardizing your entire application. Staying proactive is essential. Consult with immigration professionals early to avoid last-minute issues that may be difficult—or impossible—to resolve. Quotes from the Episode Mark Holthe: "These are unprecedented times within immigration. Every day, we see people whose dreams of permanent residency are at risk because of a simple mistake in their work permit applications." Alicia Backman-Beharry: "If there is a restriction on employment in your PNP nomination, you are not eligible for a bridging open work permit. It's as simple—and as critical—as that." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Read Alicia's Blog Post: Bridging Open Work Permits vs. Bridging Closed Work Permits Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and co-host Alicia Backman-Beharry dive deep into the recent announcement by Immigration Minister Marc Miller regarding the removal of LMIA-based job offer points in the Express Entry system. This change has significant implications for temporary foreign workers, international students, and employers across Canada. Mark and Alicia break down what this policy shift means, how it could impact applicants relying on Labour Market Impact Assessments (LMIAs) for additional CRS points, and what alternatives exist for those seeking permanent residency. Key Topics Discussed Understanding the Policy Change Overview of Minister Marc Miller's announcement removing LMIA job offer points in Express Entry. The difference between Ministerial Instructions (MIs) and formal regulatory changes. Potential timeline for the implementation of this change. Impact on Applicants and Employers Who will be most affected by the removal of LMIA points (e.g., Tier 2 and Tier 3 workers). How the removal of LMIA points could lower CRS cut-off scores for general draws. The disproportionate impact on workers in lower-skilled occupations and certain industries. Implications for Canadian employers trying to retain foreign workers. Why the Change Was Introduced Rising concerns over fraud and job offer selling in the LMIA system. The government's strategy to prevent abuse of the immigration system. Balancing fraud prevention with the needs of genuine employers and workers. Alternative Pathways to Permanent Residency Increased importance of Provincial Nominee Programs (PNPs). Focus on improving human capital factors (language skills, education, work experience). The role of LMIA-exempt work permits under the International Mobility Program (IMP). Exploring opportunities in the new Rural and Francophone Community Immigration Programs. Legal and Strategic Considerations How the removal of LMIA points affects Federal Skilled Worker selection factors. The difference between CRS points and arranged employment points in immigration programs. The importance of legal compliance to avoid inadmissibility and protect future immigration options. Key Takeaways LMIA-based CRS points are being removed due to fraud concerns, significantly impacting certain industries and foreign workers. Applicants must focus on strengthening their CRS scores through language proficiency, education, and Canadian work experience. Employers must explore alternative ways, such as PNPs, to support foreign workers. Fraud in the LMIA system has widespread consequences, leading to stricter immigration policies. Staying informed and seeking professional legal advice is critical during this transition. Quotes from the Episode Mark Holthe:"This change is not just about preventing fraud—it's a shift toward prioritizing high human capital in Canada's immigration system." Alicia Backman-Beharry:"For many, the LMIA points were a lifeline. Without them, workers and employers need to pivot to alternative pathways like PNPs." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode 155: When Not to Claim Refugee Status in Canada Episode Summary In this installment of the Canadian Immigration Podcast, host Mark Holthe is joined by co-host Alicia Backman-Beharry to tackle one of the most pressing issues facing temporary residents in Canada—understanding when not to file a refugee claim. As desperation grows for individuals facing expiring work permits and diminishing options, many turn to refugee claims without fully comprehending the eligibility requirements, legal implications, or long-term consequences. Mark and Alicia break down the refugee claim process, who qualifies, and why a poorly founded claim could jeopardize not only your future in Canada but also your global immigration opportunities. This episode aims to educate listeners on the risks and complexities involved, empowering them to make informed decisions. Key Topics Discussed Understanding Eligibility for Refugee Claims Who is eligible under Canada's refugee system, and who is not? Overview of the Safe Third Country Agreement and its impact on claimants. Legal tests for refugee protection, including "well-founded fear" and nexus to protected grounds. Grounds for ineligibility, such as prior claims or serious criminality. Consequences of Filing a Refugee Claim How making a claim affects your legal status, including issuance of a stayed removal order. Why work permits issued to refugee claimants do not confer temporary resident status. Limitations on economic immigration pathways like Express Entry and Provincial Nominee Programs. The risks of making fraudulent claims, including removal orders and bans from re-entering Canada. Critical Considerations for Refugee Applicants The importance of credibility and evidence in proving persecution. Why significant delays in filing claims can undermine your case. What happens if your refugee claim is refused, including potential removal and the impact on future immigration opportunities. Social Implications How unfounded claims burden Canada's refugee system, delaying protection for those in genuine need. The importance of consulting authorized and experienced legal representatives to avoid misinformation. Key Takeaways Eligibility and Consequences: Filing a refugee claim is a serious decision with far-reaching implications; understand your eligibility before proceeding. Economic Pathways: Refugee work permits do not count towards Canadian work experience for economic immigration programs. Credibility Matters: Fabricating claims or delaying action can lead to irreversible consequences, including deportation and bans from Canada. Seek Professional Advice: Always consult a knowledgeable immigration lawyer to assess your situation accurately. Resources Mentioned Blog Post: “When Not to Claim Refugee Status” – A comprehensive guide by Alicia Backman-Beharry. DIY Immigration Courses: Learn how to navigate Canadian immigration processes through the Canadian Immigration Institute. Consultation Services: Book a one-on-one session with Mark Holthe and his team to discuss your options. Quotes from the Episode Mark Holthe: "Filing a refugee claim might seem like a quick fix, but it could close more doors than it opens—both in Canada and globally." Alicia Backman-Beharry: "The presumption that states can protect their citizens is a high bar to overcome; you must provide clear and convincing evidence to succeed." Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode 154: Humanitarian & Compassionate Applications: A Lifeline for Those Without Options Episode Summary In this episode of the Canadian Immigration Podcast, host Mark Holthe and returning guest Igor Kyryliuk delve into one of the most misunderstood and complex pathways in Canadian immigration—Humanitarian & Compassionate (H&C) Applications. As immigration policy tightens, many temporary residents in Canada are left with few options for staying legally. Mark and Igor provide a detailed overview of H&C applications, exploring their purpose, eligibility criteria, and the best practices for creating a compelling application. Whether you're a temporary resident facing an uncertain future in Canada or an immigration professional looking to deepen your understanding of H&C applications, this episode offers actionable insights and expert guidance. Key Topics Discussed What Are H&C Applications? Explanation of Section 25 of the Immigration and Refugee Protection Act (IRPA). Common misconceptions: Why H&C is not a “backdoor” to permanent residence. The test of hardship: Understanding unusual, undeserved, or disproportionate hardship. Real-life examples of successful H&C cases, including those involving children and vulnerable individuals. When and Why to Apply Identifying circumstances that warrant an H&C application. Why H&C applications are considered a last resort and not a guaranteed solution. Insights into the policy shift: Increased focus on reducing temporary residents and stricter immigration rules. Key Factors Officers Consider Best Interests of the Child: Why this factor is paramount and often decisive. Establishment in Canada: What it means and how to demonstrate it effectively. Country Conditions: How the realities in your home country can impact your application. Holistic Review: Presenting a cohesive narrative of hardship, establishment, and compassionate grounds. Challenges and Common Pitfalls Why underestimating the complexity of an H&C application can lead to rejection. The risks of insufficient documentation and poorly presented submissions. Misrepresentation concerns and the importance of honest, well-supported claims. Key Takeaways Best Interests of the Child: Highlighted as a crucial and legally mandated consideration. Holistic Approach: Officers assess all circumstances collectively; no single factor guarantees approval. Preparation Matters: A poorly prepared application significantly reduces your chances of success. Resources Mentioned Blog Post: “H&C Applications: A Lifeline for Those Without Options” – An in-depth guide to H&C applications available on HoltheLaw.com. DIY Immigration Courses: Learn how to prepare and navigate Canadian immigration applications through the Canadian Immigration Institute. Consultation Services: Book a consultation with Mark Holthe and his team to assess your eligibility for an H&C application. Quotes from the Episode Mark Holthe: “An H&C application is not a loophole. It's a lifeline for those truly in need of compassion.” Igor Kyryliuk: “The key to a successful H&C application lies in the details—tell your story, provide evidence, and leave no stone unturned.” Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode 153: "No Extensions for PGWPs: Navigating Post-Graduation Work Permit Challenges" Episode Summary In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry tackle the recent changes impacting Post-Graduation Work Permit (PGWP) holders in Canada. As the government tightens immigration policies and limits temporary resident extensions, many PGWP holders are left wondering what to do when their permits expire. Mark and Alicia break down the myths surrounding PGWP extensions, explain the rare exceptions for recapturing lost time, and explore alternative pathways for staying in Canada legally. Whether you're a recent graduate, an international worker, or planning your transition to permanent residence, this episode provides practical advice to help you navigate Canada's shifting immigration landscape. Key Topics Discussed No More PGWP Extensions: Explanation of the policy change: PGWP holders can no longer expect automatic extensions. Understanding the difference between PGWPs and temporary public policies under Section 25. Recapturing Lost Time: Situations where PGWP holders can apply to regain lost time due to passport validity restrictions. Step-by-step guide to filing a paper application for time recapture and key pitfalls to avoid. Work Permit Alternatives: Open Work Permits: Eligibility for spousal open work permits and bridging open work permits. Employer-Specific Work Permits: Options under the Labour Market Impact Assessment (LMIA) or International Mobility Program (IMP). Special Programs: Leveraging free trade agreements or other country-specific programs. Permanent Residency Strategies: Benefits of starting a PR application early to unlock bridging work permit eligibility. Challenges with Express Entry and Provincial Nominee Programs (PNPs) in the current policy climate. When Leaving Canada is the Best Option: Strategic advantages of returning home to gain foreign work experience for Express Entry points. Long-term benefits of maintaining compliance with Canadian immigration rules. Key Takeaways Check Your Documents: Review your PGWP and passport to determine if you are eligible to recapture time. Act Proactively: Explore work permit options early to avoid falling out of status. Permanent Residency Requires Planning: Begin your PR application process as soon as possible. Voluntary Departure: If staying isn't an option, leaving Canada in compliance with immigration laws preserves your ability to return. Resources Mentioned DIY Immigration Courses: Learn how to prepare your own applications with Mark Holthe's comprehensive guides at the Canadian Immigration Institute. Express Entry Master Classes: Join live Q&A sessions to get real-time guidance on your PR application process. Blog Post: "How Long Can I Stay in Canada After My Work Permit Expires?" – A detailed guide on options and strategies for those nearing the end of their PGWP validity. Quotes from the Episode Mark Holthe: “The era of automatic extensions for post-graduation work permits is over. Planning ahead is more critical than ever.” Alicia Backman-Beharry: “Understanding your options early can save you from the stress and uncertainty of falling out of status.” Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. Disclaimer This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

Episode 152: "How to Move to Canada 2.0: Dedicated to US Citizens Post-Election" Episode SummaryIn response to the recent U.S. election results and a renewed interest among U.S. citizens exploring Canadian immigration options, Mark Holthe and Betsy Kane break down the key pathways available for Americans considering a move to Canada. From work permits and professional transfers to permanent residency (PR) strategies, Mark and Betsy explore the unique considerations of each pathway for those who may be looking north of the border due to recent political changes. With immigration policies tightening in Canada, this episode sheds light on both temporary and permanent routes, helping listeners understand the practical steps and realities of relocating to Canada. Key Topics Discussed U.S.-Canada Political Context: Overview of recent U.S. election impact and its influence on Canadian immigration interest. Work Permit Options: CUSMA (formerly NAFTA): Quick access work permits for specific professions, inter-company transfers, and certain trades. Global Talent Stream (GTS): Fast-track LMIA for tech roles and specialized fields. Intra-Company Transfer (ICT): Options for U.S.-based employees with Canadian branches, though stricter standards apply. International Experience Class (IEC): For young adults (under 35), offering open work permits for U.S. citizens to experience Canada short-term. Permanent Residency Pathways: Express Entry: Points-based system focusing on language, education, work experience, and age; highly competitive. Provincial Nominee Programs (PNPs): Provincial pathways, with challenges as Canada reduces PNP allocations. Spousal Sponsorship: Pathways for U.S. citizens married to Canadian citizens or permanent residents. Healthcare and Social Services Realities: Discussion on Canada's healthcare system, addressing newcomer access challenges and the strain on social services in light of reduced immigration quotas. Key Takeaways Assess All Work Permit Options: CUSMA, GTS, and ICT offer different opportunities for U.S. professionals, but each has specific eligibility requirements, timelines, and restrictions. IEC as a Flexible Option for Young Adults: For U.S. citizens under 35, IEC offers flexible work options in Canada for up to two years. Permanent Residency Requires Strategy: Direct PR is challenging without Canadian work experience; Express Entry and PNPs require strong qualifications and adaptability. Healthcare is a Concern: While Canada's universal healthcare is an attractive benefit, the reality is that access to primary care is limited, and newcomers should prepare to navigate the system. Resources Mentioned CUSMA Work Permit: For specific U.S. professions. International Experience Class: Seasonal application process, limited spots for U.S. citizens. Global Talent Stream: Fast-track option for high-skilled roles in tech and specialized fields. Spousal Sponsorship: Family reunification program for Canadians and PRs. Express Entry and PNP: Direct pathways to PR but highly competitive. Quotes from the Episode “Canada is a great option, but the process is more complex than in 2016. Fewer work permits are available, and PR pathways are competitive.” – Mark Holthe “While there are still options, Canadian immigration is becoming increasingly selective. Starting your plan early and exploring each option carefully is key.” – Betsy Kane Links and Resources Watch this episode on YouTube Canadian Immigration Podcast Book a consult with Mark Holthe Book a consult with Betsy Kane Subscribe for MoreStay up-to-date with the latest in Canadian immigration by subscribing to the Canadian Immigration Podcast on iTunes, Spotify, or YouTube. Don't miss future episodes on policy changes, strategies, and practical advice for navigating Canada's immigration process. DisclaimerThis episode provides general information and discussion on Canadian immigration and is not intended as legal advice. For personalized assistance, please consult with an immigration lawyer.

Episode 151: Time's Up Series - Transitioning from Worker to Visitor Status in Canada In this episode of the Canadian Immigration Podcast, Mark Holthe and Igor Kurliuk continue their "Time's Up" series by discussing a critical question facing temporary foreign workers in Canada: Can I change my status from worker to visitor when my work permit is about to expire? As new immigration policies tighten pathways for temporary and permanent residence, many workers are considering a shift to visitor status to maintain legal presence in Canada. Mark and Igor dive into the key considerations, practical steps, and strategic advice for anyone contemplating this transition. They also address recent policy updates, including significant changes to Labour Market Impact Assessments (LMIAs) and entry rules affecting temporary foreign workers and international mobility. The episode highlights both the advantages and risks of switching to visitor status, the legal framework around "maintained status," and the essential documentation required to convince immigration officers of your temporary intent. Tune in to learn what you need to know to stay compliant and protect future immigration opportunities. Topics Covered: Current Immigration Landscape for Temporary Residents Overview of recent government measures limiting work permits and reducing permanent and temporary residency numbers. Why the Liberal government's new policies are pushing many temporary residents out of Canada. Understanding Visitor Status vs. Temporary Resident Visa (TRV) Key differences between a visitor record (status in Canada) and a TRV (entry document). How to ensure you have the correct documentation to avoid overstaying your welcome. Steps to Apply for a Visitor Record Timing your application: Why it's essential to apply before your work permit expires. How to choose the correct application portal and document requirements. Drafting a strong letter of intent: What officers need to see to confirm your intention to leave Canada after your visitor stay. Proving Temporary Intent How to demonstrate ties to your home country, financial stability, and a clear plan for departure. Dual intent: Balancing a temporary stay with a pending permanent resident application. Maintained Status: What It Is and How It Works Legal framework for maintained status (formerly implied status) when switching from worker to visitor. Important restrictions: Why you cannot work once your work permit expires and you're on a visitor record application. Special Considerations and Common Pitfalls Why failing to prove financial independence can lead to refusal. Misconceptions around applying for a new work permit while on visitor status. Real-life client examples highlighting the risks of non-compliance and maintaining transparency with immigration authorities. Key Takeaways: Plan Early: Submit your visitor record application before your work permit expires to maintain status legally. Proof of Temporary Intent is Critical: Immigration officers need clear evidence that you plan to leave Canada when your visitor status expires. Transitioning Comes with Restrictions: Changing to a visitor record ends your ability to work in Canada, even if a new LMIA is approved. Compliance is Essential for Future Options: Staying legally in Canada is critical to preserving future immigration opportunities, including express entry or other work permits. Resources Mentioned: Book a consultation with Holthe Immigration Law: www.holthelaw.com Canadian Immigration Institute YouTube Channel: Watch live Q&A sessions and immigration updates with Mark Holthe. DIY Immigration Courses: Available at Canadian Immigration Institute Disclaimer: This podcast episode provides general information only and is not a substitute for professional legal advice. For personalized guidance, consider booking a consultation at Holthe Law. Listen to This Episode On: Spotify iTunes Holthe Immigration Podcast Website Connect with Us: YouTube: Canadian Immigration Institute Facebook: Canadian Immigration Podcast LinkedIn: Mark Holthe

Episode 150: Time's Up Series - The High Cost of Staying in Canada Illegally In this episode of the Canadian Immigration Podcast, Mark Holthe and immigration lawyer Alicia Backman-Beharry continue their Time's Up series by delving into the significant risks and long-term consequences of staying in Canada without legal status. As temporary resident options narrow, many individuals face tough decisions about whether to stay or leave. Mark and Alicia discuss the legal, financial, and emotional realities for those who overstay, and offer strategic advice on why compliance with immigration laws is critical for safeguarding future opportunities. The hosts also address myths surrounding the possibility of amnesty and provide practical options for restoring status. They outline when it's time to explore restoration, when applying for temporary resident permits (TRPs) makes sense, and why leaving Canada voluntarily may sometimes be the smartest move. Tune in to learn how recent policy changes, economic pressures, and the upcoming federal election are reshaping the immigration landscape in Canada—and what you can do to stay ahead. Topics Covered: 1. The Legal Landscape of Immigration Status Overview of Canada's immigration rules under Regulation 183 of the Immigration and Refugee Protection Regulations (IRPR). What happens when your work permit, study permit, or visitor visa expires. The importance of tracking multiple expiry dates, including biometrics and passport validity. Inadmissibility under Section 41: Why overstaying your permit leads to legal penalties. 2. The Immediate and Long-Term Consequences of Staying Without Status Loss of health care, SIN, and driver's license: How being out of status cuts off essential services. Employment risks: Unstable jobs, exploitation, and under-the-table wages. Psychological toll: Living with the fear of deportation. International travel risks: Information sharing between countries and how overstays impact future visa applications abroad. 3. Debunking Myths: Will Canada Offer Amnesty? Why amnesties and public policy measures like the 18-month post-grad permit extension are unlikely in the current political and economic environment. Impact of labour shortages, housing constraints, and political pressures on future immigration policy. The reality of immigration caps on temporary residents, international students, and LMIA-based permits. 4. Why Leaving Canada Voluntarily May Be the Right Move Strategic benefits of returning home before your status expires: Maintain a clean immigration record to reapply in the future. Gain foreign work experience to increase Express Entry CRS points. Position yourself for future opportunities through intra-company transfers or new pathways. Scenario planning: What happens if you leave voluntarily versus waiting for removal proceedings. How voluntary compliance makes it easier to return to Canada legally later on. 5. Employers to Avoid and Hidden Costs of Staying Illegal Risks of working without status: Unfair wages and lack of employment protections. Legal penalties for employers hiring undocumented workers. The danger of marriages of convenience: How immigration officers detect fraudulent marriages. The consequences of using a relationship solely for immigration status. 6. Preparing for Future Episodes in the Time's Up Series Upcoming episodes will dive deeper into: Restoring status and when it's your best option. Temporary Resident Permits (TRPs): When and how to apply. Humanitarian and Compassionate (H&C) applications: When extraordinary circumstances warrant this path. Refugee claims: Why this option isn't suitable for everyone. An analysis of political party platforms and their potential impact on immigration policy ahead of the next election. Key Takeaways: Act Early: Don't wait until your status expires—start exploring your options well in advance. Compliance is Critical: Staying illegally can have long-term consequences for your ability to return to Canada or apply elsewhere. Don't Rely on Amnesty: Policy changes are unpredictable, and there is no guarantee of future extensions or public policies. Leaving May Be a Strategic Move: Voluntarily returning to your home country can keep your immigration options open for the future. Resources Mentioned: Holthe Immigration Law: Book a consultation for personalized legal advice. Canadian Immigration Institute YouTube Channel: Join Mark's live Q&A sessions and stay up to date on immigration changes. DIY Immigration Courses: Explore practical courses at the Canadian Immigration Institute for: Express Entry Accelerator: Get step-by-step guidance for Express Entry applications. Temporary Resident Visa Course: Learn how to navigate visitor visa applications. Upcoming courses: Spousal Sponsorship, Citizenship, and Study Permits. Disclaimer: This podcast provides general information only and does not constitute legal advice. For personalized guidance, please book a consultation with an immigration lawyer at Holthe Immigration Law. Listen to This Episode On: Spotify iTunes Holthe Immigration Podcast Website Connect with Us: YouTube: Canadian Immigration Institute Facebook: Canadian Immigration Podcast LinkedIn: Mark Holthe

Episode Summary: Time's Up – What to Do When Your Work Permit is Expiring In this episode of the Canadian Immigration Podcast, Mark Holthe and immigration lawyer Alicia Backman-Beharry kick off the Time's Up series, designed to address the critical issue of expiring work permits for international students, post-graduate work permit holders, and temporary foreign workers. Mark and Alicia explore the realities of Canada's tightening immigration landscape, including the challenges of extending temporary status and the consequences of becoming out of status. With fewer public policies offering extensions and increasing restrictions on LMIA-based work permits, this episode delivers practical insights into what options remain available and when it might be time to consider going home. They also discuss strategic pathways like restoration, temporary residence permits (TRPs), and humanitarian and compassionate (H&C) applications, all while offering essential advice to avoid common pitfalls. The goal of this series is to empower temporary residents with the information they need to make informed decisions—and to understand that sometimes leaving Canada voluntarily is the best long-term option. Topics Covered: The Tightening Immigration Landscape Post-COVID changes: Why temporary public policies are ending, and what this means for expiring work permits. Challenges in obtaining LMIAs: Caps on low-wage jobs, and how high unemployment rates are blocking work permit extensions. The impact of policy shifts on students and temporary foreign workers in Canada. Your Options When Time is Running Out: Restoring Status: How to use the 90-day restoration period effectively. Why it's essential to file before your status expires to avoid falling out of status. Switching to Visitor Status: When it makes sense to remain in Canada as a visitor (and when it doesn't). Key limitations: No work or study allowed while on visitor status. Temporary Residence Permits (TRPs): When a TRP might be issued to someone beyond the 90-day restoration window. Why TRPs are rarely granted and require compelling reasons to succeed. The Consequences of Staying Without Status: Loss of healthcare, SIN, and driver's license once your permit expires. Risks of working under the table: Unfair wages, lack of protection, and legal penalties. Long-term immigration consequences: How staying illegally can hurt future applications to Canada or other countries. Permanent Residence Options: Humanitarian & Compassionate (H&C) Applications: Why H&C applications require compelling, extraordinary circumstances. Examples of successful H&C cases and how they focus on factors like the best interests of children. Spousal Sponsorship Risks: Understanding the risk of marriages of convenience and how immigration officers detect them. Why marrying just to gain status can permanently block future sponsorship applications. Refugee Claims: Why filing a refugee claim isn't a quick fix and can close off other immigration pathways. Strict requirements: How claims must align with convention refugee definitions to succeed. When Going Home Might Be the Best Option: Strategic Advantages of Leaving Voluntarily: Gain foreign work experience to increase Express Entry points. Keep immigration options open for future applications to Canada or other countries. Leveraging Canadian Experience Internationally: How Canadian education and work experience can boost career opportunities back home. Opportunities to return to Canada through intra-company transfers or new immigration pathways. Key Takeaways: Act Early: Don't wait for your permit to expire—explore all available legal options as soon as possible. Avoid Staying Illegally: Staying without status can have serious long-term consequences for future immigration opportunities. Don't Fall for Rumors: Avoid relying on false promises about amnesty or future public policies to save you. Sometimes Going Home is the Right Move: Returning voluntarily can be a strategic advantage and open doors for future immigration opportunities. Resources Mentioned: Book a consultation with Holthe Immigration Law: www.holthelaw.com Canadian Immigration Institute YouTube Channel: Watch live Q&A sessions and immigration updates with Mark Holthe. DIY Immigration Courses: Available at Canadian Immigration Institute Disclaimer: This podcast episode provides general information only and is not a substitute for professional legal advice. For personalized guidance, consider booking a consultation at Holthe Law. Listen to This Episode On: Spotify iTunes Holthe Immigration Podcast Website Connect with Us: YouTube: Canadian Immigration Institute Facebook: Canadian Immigration Podcast LinkedIn: Mark Holthe

Episode Summary: In this episode of the Canadian Immigration Podcast, Mark Holthe is joined by Alicia Backman-Arcand to discuss the latest developments in the Alberta Advantage Immigration Program (AAIP), specifically the launch of the brand new Expression of Interest (EOI) system. The episode delves into the impact of these changes, how they align Alberta with other provinces like BC and Ontario, and the significance of this new system for both immigration practitioners and applicants alike. Mark and Alicia break down the complexities of the new EOI system, explaining how Alberta's adoption of a points-based system is a move towards more transparency and fairness. They discuss the technical details of the points grid, what it means for applicants, and why the transition from the problematic “Race to File” model is a welcomed change. Tune in to get the full scoop on how to navigate this new landscape, what you need to do to optimize your profile, and what pitfalls to avoid when submitting your expression of interest. Topics Covered: Overview of Alberta's EOI System: The shift from a “Race to File” system to a points-based Expression of Interest (EOI) model. The implications for applicants and why Alberta decided to implement this system. Points Grid Explained: Breakdown of human capital factors (education, language proficiency, age, work experience) and economic factors (job offers, location of employment). New points system rewarding candidates with Alberta-specific work experience and rural job offers. Misrepresentation Risks: The importance of accurately self-declaring information in your EOI. Potential pitfalls, and why applicants should avoid rushing to submit their profile. Labour Market Priorities: How the Alberta government prioritizes profiles based on economic and labour market needs. Why having a high score is not the only determinant of receiving an invitation. Key Considerations for Applicants: Why it's crucial to carefully assess your existing AAIP applications and EOIs before making new submissions. Tips on setting up your Alberta.ca account and preparing to submit an EOI. What's Next: Anticipated timeline for the first rounds of invitations. The future of the AAIP EOI system and what applicants should expect moving forward. Key Takeaways: No More “Race to File” Stress: The new EOI system eliminates the one-day rush model, focusing instead on a fairer, more balanced selection process. Points Matter, But So Do Priorities: While scoring high is beneficial, the province's priorities—like regional job offers and specific industry needs—can influence who gets selected. Avoid Misrepresentation: Be accurate with your declarations—misstatements can lead to serious repercussions, including being barred from the program. No Rush: There's no need to rush to complete your profile by September 30th; take your time to ensure everything is correct and aligned with your qualifications. Resources Mentioned: Holthe Immigration Law Canadian Immigration Institute YouTube Channel Igor's article on the new Alberta AAIP EOI System Disclaimer: This podcast episode provides general information only and is not a substitute for professional legal advice. For personalized guidance, consider booking a consultation at Holthe Law. Listen to This Episode On: Spotify iTunes Holthe Immigration Podcast Website Connect with Us: YouTube: Canadian Immigration Institute Facebook: Canadian Immigration Podcast LinkedIn: Mark Holthe

Podcast Show Notes: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry discuss the growing issue of abuse within Canada's Temporary Foreign Worker Program (TFWP). They explore the legal obligations of employers, the rights of foreign workers, and the severe consequences of non-compliance with immigration and employment laws. Mark and Alicia provide an in-depth analysis of: Understanding the LMIA Process: An overview of the Labour Market Impact Assessment (LMIA) process and the employer's responsibilities in hiring foreign workers, emphasizing the illegality of charging workers fees for LMIAs. Recent Cases of Employer Abuse: Discussion on a recent case from Calgary where an employer was penalized for charging illegal fees and not paying overtime, highlighting the judicial consequences and restitution ordered by the court. Options for Abused Workers: A breakdown of the rights and options available to foreign workers who experience abuse, including applying for a Vulnerable Worker Open Work Permit and reporting abuse through government channels. Penalties for Employers and Misrepresentation: An explanation of the fines, penalties, and potential criminal charges employers can face for violating the Immigration and Refugee Protection Act (IRPA), including counselling misrepresentation and the importance of employers understanding their obligations under the law. Preventing Abuse and Ensuring Compliance: Practical advice for employers on maintaining compliance with Canadian immigration laws, and guidance for workers on how to protect themselves and report abuse if they are victims of exploitation. Tune in to this episode to learn more about the rights of foreign workers, the responsibilities of employers, and how to navigate the complexities of the Temporary Foreign Worker Program. Whether you're an immigration lawyer, consultant, employer, or prospective immigrant, this episode provides essential information to help you understand and comply with Canada's immigration laws. Resources Mentioned in This Episode:

Podcast Show Notes: Provincial Nominee Programs and the "Intention to Reside" Requirement In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry delve into the intricacies of Canada's Provincial Nominee Programs (PNPs) with a focus on the "intention to reside" requirement. This requirement is a critical component for applicants nominated by a province, as they must demonstrate a genuine intention to live and establish themselves in the nominating province. Mark and Alicia provide an in-depth analysis of: What "Intention to Reside" Means: A look into how immigration officers assess whether applicants genuinely intend to reside in a specific province, including a discussion of relevant regulations such as IRPR Regulation 87(2). Recent Court Cases and Their Implications: Examination of recent Federal Court decisions, such as Mohammed Elfa Kaharani v. Canada and a PEI case, that highlight how courts interpret "intention to reside" and the consequences for applicants who do not meet this requirement. Factors Considered by Immigration Officers: A breakdown of the subjective assessment criteria officers use, including past conduct, present circumstances, and future plans of the applicant. Practical Advice for Applicants: Guidance on how to document your intent to reside and what evidence is necessary to support your application, especially when moving to a different province after being nominated. Potential Consequences for Misrepresentation: A discussion on the severe implications of failing to meet the "intention to reside" requirement, which can include application refusal, inadmissibility, and even misrepresentation findings. Tune in to this episode to learn how to navigate the PNP process and ensure your application aligns with all requirements. Whether you're an immigration lawyer, consultant, or prospective immigrant, this episode provides valuable insights to help you make informed decisions. Resources Mentioned in This Episode:

Episode Title: Lengthy Delays in Security Screening Host: Mark Holthe, Immigration Lawyer, Holthe Immigration Law Guest: Will Tao, Immigration Lawyer, Heron Law Offices Sponsor: Canadian Immigration Institute - Subscribe to the 2024 Express Entry Accelerator Course Episode Summary In this insightful episode of the Canadian Immigration Podcast, host Mark Holthe welcomes back immigration lawyer Will Tao to discuss a pressing issue facing many applicants: lengthy delays in security screening. This episode is particularly relevant for those navigating the complex and often frustrating Canadian immigration process. Key Points Discussed Introduction to Security Screening Delays: The increasing prevalence of security screening delays in Canadian immigration applications. Importance of security screening for maintaining the integrity of the Canadian immigration system. Impact of Security Screening Delays: Personal stories of applicants stuck in security screening for extended periods. Consequences of these delays, including emotional and financial strain on applicants and their families. Understanding Security Screening: Detailed explanation of what security screening entails and its role in the immigration process. Different levels of security checks: basic record checks vs. comprehensive checks. Factors that might trigger a comprehensive check, such as certain nationalities, educational institutions, and work experiences. Practical Advice for Applicants: Proactive disclosure of potential issues in applications. Importance of being transparent and providing detailed explanations where necessary. Seeking legal advice early in the process to navigate potential red flags. Mandamus Applications: Discussion on when and how to consider filing a writ of mandamus to address unreasonable delays. Importance of preparing a strong case if pursuing this legal route. Legal and Policy Insights: The role of international relations and political factors in security screening processes. Recent developments and evolving practices in Canadian immigration law and policy. How we can help If you or someone you know is experiencing lengthy delays in security screening, it's essential to seek professional advice. Book a consultation with Mark Holthe or Will Tao to discuss your case and explore your options. Connect with Us Canadian Immigration Institute YouTube Channel: For more video content, live Q&A sessions, and DIY courses. Website: Canadian Immigration Institute for additional resources and information. Thank You to Our Sponsor This episode is brought to you by the Canadian Immigration Institute's 2024 Express Entry Accelerator DIY Course, your best source of video content on Canadian immigration to help you navigate the Canadian immigration process.

In this episode of the Canadian Immigration Podcast, your hosts Mark Holthe and Alicia Backman-Beharry dive deep into the real costs associated with immigrating to Canada. From government fees to travel expenses, Mark and Alicia break down the hard and soft costs that every potential immigrant needs to consider. Key Topics Discussed: Government Fees: Breakdown of application processing fees. Recent increases in fees as of April 30, 2024. Importance of paying the right of permanent residence fee upfront. Biometrics and Language Tests: Costs associated with biometrics and language tests like IELTS, CELPIP, TCF, and TEF. Importance of valid language tests for Express Entry profiles. Education Credential Assessments (ECAs): Necessity of ECAs for foreign education credentials. Associated costs and recognized organizations like WES. Medical Examinations: Requirement for medical exams during the application process. Variation in costs based on panel physicians. Police Clearance Certificates: Need for police certificates from every country lived in for six months or more since turning 18. Estimated costs and process. Translation of Documents: Costs associated with certified translations of necessary documents. Tips for finding affordable translation services. Travel Costs: Estimation of travel expenses for a family of three. Considerations for flight costs and baggage fees. Settlement Funds: Updated proof of funds requirements as of May 27, 2024. Importance of maintaining accessible funds in your bank account. Soft Costs: Social costs of leaving behind a community and integrating into a new one. Psychological and emotional toll of the immigration process. Opportunity costs related to career disruptions and long-term prospects. Educational adjustments for children and the family. Highlighted Resources: Canadian Immigration Institute DIY Courses: Comprehensive video content and DIY courses designed to help you navigate the Canadian immigration process with confidence. Courses include detailed instructions, checklists, and sample documents to ensure your application is successful. Visit Canadian Immigration Institute for more information and to access these valuable resources. Conclusion: Mark and Alicia provide an in-depth look at the comprehensive costs involved in immigrating to Canada, emphasizing the importance of thorough preparation and understanding of both hard and soft costs. They highlight the resources available through the Canadian Immigration Institute to aid applicants in successfully navigating the immigration process. Contact Information: Holthe Immigration Law: holthelaw.com Canadian Immigration Institute: canadianimmigrationinstitute.com Subscribe and Follow: YouTube Channel: Canadian Immigration Institute Podcast Platforms: iTunes, Spotify, Google Play Join the Discussion: Live Q&A Sessions: Follow up this podcast episode with a live Q&A on YouTube with Mark and Alicia, where they answer your pressing immigration questions. Feedback and Suggestions: We love hearing from you! Please send us your feedback and suggestions for future episodes. Tune in to get a comprehensive understanding of the real costs of immigrating to Canada and ensure you're fully prepared for the journey ahead!

Show Notes for Canadian Immigration Podcast Episode 143: The Dangers of Crowd Sourcing Immigration Information Episode Overview: Join host Mark Holthe, as he welcomes back Robert Leong, a seasoned immigration lawyer from British Columbia, for an enlightening discussion on the risks associated with sourcing immigration advice from unregulated forums and platforms. This episode sheds light on how reliance on crowd-sourced information can lead to severe complications in immigration applications, including misrepresentation charges. What You'll Learn in This Episode: Expert Analysis: Robert shares insights from his extensive experience, highlighting the pitfalls of using generalized advice from online forums and unauthorized consultants. The Impact of Misrepresentation: Understand the severe consequences of misrepresentation in immigration applications, which can include bans from reapplying and significant delays in processing. The Value of Professional Guidance: Learn about the importance of professional legal advice in navigating the complex landscape of immigration law and ensuring that applications are compliant and accurately presented. Navigating Procedural Fairness Letters: Get expert advice on how to properly respond to procedural fairness letters from immigration authorities, a crucial step that can significantly impact the outcome of your application. Artificial Intelligence in Immigration: Discussion on how immigration authorities use AI to detect patterns and potential fraud, underscoring the importance of ensuring each application is unique and accurately represents individual circumstances. Why This Episode Is a Must-Listen: Risk Avoidance: Gain essential knowledge to avoid common yet severe risks associated with crowd-sourced immigration advice. Informed Decisions: Understand why hiring a professional is crucial, especially in complex or high-stakes immigration cases. Up-to-Date Practices: Stay informed about the latest in immigration practices and potential pitfalls directly from industry experts. Additional Resources: Links to Official Immigration Resources: For accurate and reliable immigration information. Contact Information for Professional Legal Consultations:

Episode Number: 142 - The PNP Battle for PR in Canada - From Temporary to Tenuous Introduction: Host: Mark Holthe Co-Host: Alicia Backman-Beharry Overview of the episode: Discussing the intensifying challenges within provincial nominee programs (PNPs) across Canada and how they impact temporary residents and foreign workers seeking permanent residency. Key Topics Discussed: Recent Changes in PNPs: Alicia shares insights from the National Immigration CBA Conference in Montreal. Discussion on the rising CRS scores and their impact on the pressure on PNPs. Overview of provincial nominee programs compared to federal economic immigration programs. Challenges in Provincial Nominee Programs: Detailed breakdown of Express Entry-linked streams and the multi-stage application process. Challenges of achieving provincial nomination and its benefits. The reality of PNP limitations and the marketing myths around easy access to nominations. Labour Market and Provincial Needs: Importance of aligning with provincial labour market needs. Strategies for potential immigrants considering moving to less competitive provinces. Highlighting the recent federal measure to support skilled temporary workers in Manitoba, including a potential new policy for extending work permits. Discussion on Systemic Issues and Potential Solutions: Exploration of how provinces manage nomination quotas and processing times. Potential future reforms in PNPs and federal collaboration to address backlogs and labour market needs. Legal considerations and advice for navigating the complex PNP landscape. Concluding Thoughts: Recap of the challenges faced by temporary residents in securing permanent residency through PNPs. Advice for listeners on dealing with the competitive nature of PNPs and planning for potential changes in immigration policy. Resources Mentioned: New measure to support skilled temporary workers in Manitoba: https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/new-measure-to-support-skilled-temporary-workers-in-manitoba.html Links: Subscribe to the Canadian Immigration Podcast for more insights and updates: https://www.canadianimmigrationinstitute.com/podcasts/canadian-immigration-podcast Join the live Q&A sessions on YouTube to discuss specific immigration questions with Mark and Alicia: https://www.youtube.com/c/CanadianImmigrationInstitute

Episode 141: Impacts of the Closure of the Self-Employed Persons Program and Changes to the Startup Visa Host: Mark HoltheGuests: Alicia Backman-Beharry, Pantea JafariDate: May 13, 2024 Introduction: Welcome to Episode 141 of the Canadian Immigration Podcast. In this episode, we dive into the recent changes and closures of two significant immigration streams: the Self-Employed Persons Program and the Startup Visa Program. Joining me today are Alicia Backman-Beharry and special guest Pantea Jafari, who brings a wealth of experience from her extensive work with self-employed candidates. Key Topics Covered: Recent Changes to the Startup Visa Program: The government's announcement on April 29 regarding new restrictions. Cap introduced on support by business incubators, venture capital, and angel investor groups, limiting them to endorsing only 10 startups each. Introduction of priority processing for members of Canada's Tech Network. Closure of the Self-Employed Persons Program: Sudden closure of the program as of April 30, leaving many potential applicants and stakeholders in a lurch. Discussion on the implications of the closure and the government's lack of notice. Pantea Jafari's insights into the potential reasons behind the closure, including the targeting of specific demographics and concerns over program costs. Discussion on the Government's Approach: Examination of the government's pattern of responding to program issues. Impact of these changes on Canada's image as a destination for innovative businesses and cultural professionals. The future of these immigration streams and possible government reforms. Advice for Affected Individuals: Strategies for individuals who were considering these now-closed or altered pathways. Discussion on alternative immigration options and the importance of seeking timely and expert advice. Conclusion: Mark, Alicia, and Pantea discuss the broader implications of these immigration changes and what the future might hold, especially with an upcoming election that could influence immigration policies further. Join Us Next Time: Don't miss our next episode, where we will continue to explore the latest developments in Canadian immigration law and policy. Subscribe to stay updated! Links to Resources Book a consultation with Holthe Immigration Law: https://www.holthelaw.com/consultation Contact Information for Pantea Jafari's Office: https://jafarilaw.ca/contact-us/ IRCC Program Changes (SUVs and Self-Employed PR): https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/04/changes-to-the-start-up-visa-and-self-employed-persons-programs-to-help-reduce-backlogs-and-improve-processing-times.html Express Entry Accelerator 2024: https://www.canadianimmigrationinstitute.com/express-entry-landing-page

Podcast Episode 140: What if I am not invited in an Express Entry Draw? Host: Mark HoltheGuest: Alicia Backman-Beharry Introduction: Welcome to another episode of the Canadian Immigration Podcast. In today's episode, we delve into what happens if you are not invited in an Express Entry draw, a pertinent question for many amidst the high CRS scores of recent general draws. Key Points: Overview of Express Entry: Explanation of the Express Entry system, which started in January 2015. It is designed to manage applications for Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program, and some Provincial Nominee Programs. Challenges with Express Entry: Discussion on the high CRS scores making it challenging for individuals outside Canada to qualify. Emphasis on the need for strategies to improve chances of receiving an ITA. Strategies to Improve CRS Scores: Possibility of increasing language scores, gaining additional work experience, and pursuing higher education. Consideration of provincial nominee programs for additional points. Category-Specific Draws: Insight into how targeted draws based on specific criteria such as occupation or language can offer alternative pathways to receive an ITA. Alternatives to Express Entry: Exploration of other immigration pathways including provincial nominee programs, family sponsorship, and temporary work permits. Future of Express Entry: Discussion on potential changes and the importance of staying informed about immigration policies and category-specific draws. Role of Immigration Lawyers: How consulting with an expert can provide personalized guidance and strategies tailored to individual circumstances. Conclusion: Recap of the importance of having a strategic plan when navigating through the complexities of Express Entry. Reminder to stay informed and proactive in managing one's immigration journey. Resources: Express Entry Accelerator Course Canadian Immigration Institute YouTube Channel Next Episode Preview: Join us for the next episode where we will discuss the impact of recent changes in immigration law on temporary foreign workers in Canada. Listen and Subscribe: Available on Apple Podcasts, Google Podcasts, Spotify, and directly on the Canadian Immigration Podcast website.

Title: Making Sense of the Filipino Temporary Foreign Worker Exit Visa Requirements Introduction: Welcome back to another episode of the Canadian Immigration Podcast. Today, we delve into one of the most complex aspects of immigration for Filipino workers—the exit visa requirements. This episode, which is also available as a vodcast on our Canadian Immigration Institute YouTube channel, features a special guest, Canadian Immigration Lawyer Lou Janssen Dangzalan. Key Highlights: Introduction of the Department of Migrant Workers (DMW): Lou explains the recent establishment of the DMW in the Philippines, which now handles the affairs of Filipinos working abroad. This department evolved from the Philippine Overseas Employment Agency, centralizing services under one department. Understanding Overseas Filipino Workers (OFWs): Discussion on the concept of OFWs, their importance to the Philippine economy, and the legal framework that defines and governs their employment abroad. Exit Visa Requirements: A comprehensive overview of the Philippine government's requirements for Filipinos working overseas, including the necessity for exit clearances and how these regulations impact both workers and their foreign employers. Direct Hiring Ban and Exemptions: Insight into the Philippine Labor Code's stipulations against direct hiring by foreign employers and the specific exemptions that allow for direct recruitment under certain conditions. Enforcement Mechanisms: Lou discusses how the Philippine government enforces compliance with employment regulations for OFWs, including blacklisting non-compliant employers and recruitment agencies. Implications for Employers and Workers: Practical advice for both employers and Filipino workers on navigating the complexities of compliance to ensure smooth and legal employment practices. Conclusion: This episode sheds light on the critical but often misunderstood regulations affecting Filipino workers abroad. Understanding these rules is essential for ensuring compliance and avoiding legal pitfalls in the recruitment and employment of OFWs. Additional Resources: Visit the Canadian Immigration Institute YouTube Channel for more insights and discussions on various immigration topics. For detailed information and assistance with Canadian immigration matters, consider booking a legal consultation through www.holthelaw.com. Book a consultation with Lou Janssen Dangzalan: https://www.ljd-law.ca/about Don't forget to subscribe to our podcast on platforms like iTunes and Spotify and leave a review if you found this episode informative. Share this episode with anyone who might benefit from understanding more about Filipino exit visa requirements and the broader implications for international employment practices. ADDITIONAL RESOURCES MENTIONED IN THE PODCAST: Labor Code of the Philippines: (Art.18. Ban on direct-hiring): https://www.ilo.org/dyn/travail/docs/1131/Labor%20Code%20of%20the%20Philippines%20-%20DOLE.pdf Book a consult with Lou Janssen Dangzalan: https://www.ljd-law.ca/consultation DMW Advisory 09/2024 - Documentation of Filipinos as OFWs under Canada's Immigration Programs/Systems: https://dmw.gov.ph/resources/dsms/DMW/ISN-EXT/2024/DMW-ADVISORY-09-2024.pdf

Welcome to Episode 138 of the Canadian Immigration Podcast. In this episode, Mark Holthe and Alicia delve into the freshly released Budget 2024 to unearth the key takeaways impacting immigration. They offer insights into the potential directional shifts in policies based on where the government is channelling its financial resources. Key Highlights: Stabilization of the Refugee System: Discussion on the government's dual strategy to reduce asylum claims and manage the expulsion of individuals with denied claims. Mark and Alicia consider the impact of recent steps such as the visa requirements for Mexican citizens and changes in legislation affecting the immediate cancellation of temporary resident visas upon issuance of removal orders. Sustainable Immigration Strategy: With a focus on a more sustainable approach to immigration, the podcast addresses the current imbalances in the system, particularly in the International Student Program, which is now under strict scrutiny. Support for Newcomers: The budget has earmarked funds for legal aid to assist individuals with immigration proceedings, and $50 million for the recognition of foreign credentials, signalling a move toward better integrating skilled immigrants into the Canadian workforce. Adjustment of Temporary Resident Intake: The podcast discusses the federal government's unprecedented move to set targets for temporary resident levels in an effort to manage intake and improve processing times, with an emphasis on transparency and policy planning. Focus on Economic and Community Integration: This segment explores how the government's financial commitments indicate a desire for improved integration of immigrants into Canada's economic fabric and community support networks. Targeted Draws: The discussion here is on the government's continued focus on targeted draws within the Express Entry system, which favours certain economic sectors and specific NOC codes known for chronic labour shortages. Bonus Point: Fee Increases: The podcast closes with a bonus discussion on the planned increase in government fees for immigration applications and the implications for potential immigrants and practitioners in the field. For more insights and updates on Canadian immigration, visit Joorney Business Plans at www.joorney.ca with the code HOLTHEJOORNEY10 for a discount on business plan services, or book a legal consultation at www.holthelaw.com. Don't forget to subscribe to the Canadian Immigration Institute YouTube channel for live Q&As that occur every Wednesday at 10:00am MT. If you need any immigration legal advice, please feel free to book a consultation with our firm Holthe Immigration Law: https://www.holthelaw.com/consultation

Welcome to Episode 137 of the Canadian Immigration Podcast. In this deep dive, your host, Canadian immigration lawyer Mark Holthe, along with co-host Alicia Backman-Beharry, unpack the complexities and risks of flagpoling, a practice many temporary residents in Canada consider for swiftly adjusting their immigration status. Key Highlights: Understanding Flagpoling: Flagpoling involves leaving Canada, usually at a U.S. land border, and re-entering to activate a new immigration status or extend the current one without the lengthy processing times typically experienced through inland applications. Legislative Changes in 2024: Discover the recent legislative updates that have increased the stakes for individuals considering flagpoling, with potential drastic consequences like the automatic cancellation of visas and permits upon the issuance of a removal order. Be Prepared: Learn the importance of arriving at the border with all necessary documents well-organized and ready for inspection, including the means to pay any associated fees. Honesty is Key: Mark and Alicia emphasize being transparent and truthful with border officers, as misrepresentations can lead to application refusals and other severe consequences. Respect and Politeness: Understand the human element of interacting with border officers and the significance of maintaining courtesy, even when faced with challenging situations. Knowledge is Power: Applicants are urged to fully understand their application and the flagpoling process, ensuring they can clearly articulate their reasons for flagpoling to the border officers. Avoid Peak Times and Be Patient: Timing can be everything; choosing off-peak hours to flagpole could result in a smoother experience. Patience is also vital, as wait times can be lengthy. Follow Instructions: Being attentive and following border officers' directions can prevent misunderstandings and make the process more straightforward. Clear Communication and Understanding Rights: Keeping communication clear, especially regarding the search of electronic devices, which officers have broad authority to inspect. Last Resort with Risks: Flagpoling should be considered a last resort due to the high risks involved, especially for those with complex immigration situations or who have previously overstayed or worked without authorization. Conclusion: Flagpoling is not a one-size-fits-all solution and can present significant risks for those who attempt it without fully understanding the process or being prepared for potential negative outcomes. This episode sheds light on the nuances of this practice and provides valuable guidance for temporary residents and their advisors to navigate this high-stakes process with greater awareness and caution. For more insights on flagpoling and other Canadian immigration matters, follow Mark Holthe's insights and updates at Canadian Immigration Institute. Remember, each immigration case is unique, and it's advisable to consult with a knowledgeable immigration lawyer before proceeding with flagpoling or any significant immigration decisions.Book a consultation: https://www.holthelaw.com/consultation

Show Notes for Canadian Immigration Podcast Episode 136: The Future of Immigration in Canada 2024 Welcome to Episode 136 of the Canadian Immigration Podcast. In this episode, Mark Holthe and Alicia Backman-Beharry discuss the future of immigration in Canada as we continue into 2024, focusing on recent announcements by Immigration Minister Sean Fraser and the potential impact on temporary and permanent residency pathways. Key Highlights: Minister's Speech on Immigration Intentions: Immigration Minister Sean Fraser delivered a speech outlining the government's intentions for immigration, emphasizing the need to balance economic needs with humanitarian commitments. Breakdown of Temporary Resident Numbers: Analysis of temporary resident numbers reveals that 42% are international students, 9% are under the Temporary Foreign Worker Program, 44% are under the International Mobility Program, and 5% are Asylum seekers. The government aims to align temporary residence with economic goals. International Student Restrictions: The government has implemented restrictions on international students, including caps on study permits, increased minimum funds requirements, and limitations on spousal work permits. These measures aim to reduce the number of international students and ensure that schools focus on programs contributing to the workforce. LMIA Restrictions: The government has reduced the LMIA validity period from 18 months to 6 months, forcing employers to be more efficient in their recruitment and limiting the number of temporary foreign workers. Asylum and Humanitarian Restrictions: The government is considering restrictions on asylum seekers and humanitarian pathways, focusing on linking internationally recognized refugees with Canadian employers through the Economic Mobility Pathway for Refugees (EMPP). Future Plans for Temporary and Permanent Residency: Minister Fraser announced plans to expand the immigration levels plan to include both temporary resident arrivals and permanent resident arrivals. The government aims to ensure a robust pathway to permanent residency for those wishing to make Canada their long-term home. Practical Advice for Temporary Residents: Temporary residents in Canada should focus on improving their language skills, especially French language, securing employer support for LMIAs, and applying for work permits and post-graduation work permits promptly to maximize their chances of transitioning to permanent residency. Conclusion: The future of immigration in Canada is undergoing significant changes, with the government aiming to align temporary and permanent residency pathways with economic needs while maintaining humanitarian commitments. International students, temporary foreign workers, and asylum seekers should stay informed about policy changes and seek legal advice to navigate the evolving immigration landscape. For more information and assistance with Canadian immigration matters, you can book a consultation with Mark Holthe or Alicia Backman-Beharry through the following link: https://www.holthelaw.com/consultation

Show Notes for Canadian Immigration Podcast Episode 135: Humanitarian and Compassionate Applications - When All Else Fails! Welcome to Episode 135 of the Canadian Immigration Podcast. In this episode, Mark Holthe and special guest Ronalee Carey, a Canadian immigration lawyer based in Ottawa, discuss the intricacies of Humanitarian and Compassionate (H&C) applications in Canada. This episode provides valuable insights for those considering an H&C application as a last resort for obtaining permanent residency in Canada.You can watch the video of this episode on the Canadian Immigration Institute YouTube Channel. Key Highlights: Understanding H&C Applications: H&C applications are for individuals who are inside Canada and have compelling humanitarian or compassionate grounds that justify granting them permanent resident status. These applications are considered when other immigration pathways are not available or viable. Eligibility: Anyone inside Canada can apply for an H&C application, regardless of their status. However, there are specific exclusions, such as individuals with failed refugee claims within the first year and those inadmissible due to security concerns. Factors Considered: Immigration officers consider several factors, including establishment in Canada, ties to Canada, best interests of children, adverse country conditions, health considerations, consequences of family separation, inability to leave Canada, and unique or exceptional circumstances. Supporting Documents: Essential supporting documents include evidence of establishment in Canada, ties to family members, impact on children, country condition reports, medical reports, and any other documentation that supports the humanitarian and compassionate grounds of the application. Approval Chances: The approval rate for H&C applications varies, and it's important to note that these applications are highly discretionary. Success depends on the strength of the case and the compelling nature of the humanitarian and compassionate grounds presented. Process: H&C applications undergo a two-step process. The first step assesses the humanitarian and compassionate grounds, and if approved in principle, the applicant can apply for a work permit. The second step involves admissibility checks, including medical, criminal, and security screenings. Considerations: It's crucial for applicants to understand that H&C applications should be a last resort. Applicants must have exhausted all other immigration options, and the application should be well-documented and compelling to have a chance of success. Legal Advice: Given the complexity and discretionary nature of H&C applications, it's advisable to seek legal advice from experienced immigration lawyers to assess the viability of the application and ensure it is properly prepared and presented. Conclusion: Humanitarian and Compassionate applications are a complex and discretionary aspect of Canadian immigration law. They offer a potential pathway to permanent residency for individuals who have compelling humanitarian or compassionate reasons and have no other viable immigration options. Understanding the factors considered, preparing a well-documented application, and seeking legal advice are crucial steps in navigating this challenging process. For more information and assistance with Canadian immigration matters, visit Ronalee Carey's website at Ronalee Carey Law or watch this episode on Mark Holthe's Canadian Immigration Institute YouTube Channel at Canadian Immigration Institute.

Show Notes for Canadian Immigration Podcast Episode 134: Top 10 Essentials for Employers with Foreign Workers Welcome to Episode 134 of the Canadian Immigration Podcast, where hosts Mark Holthe and Alicia Backman-Beharry discuss the Top 10 Essentials employers should know when hiring foreign workers. This episode provides valuable insights and guidance for employers navigating the complexities of Canadian immigration law as they try to retain their workers in a volatile market. Key Highlights: Provincial Registration: Employers in British Columbia, Manitoba, and Saskatchewan must be provincially registered to employ foreign workers. This process can take several months and is crucial for compliance. Licensed Recruiters: Employers must work with bonded, licensed recruiters when hiring foreign workers. Ensure that the recruiter is properly licensed and bonded to avoid penalties. Understanding the Program: Know whether you are hiring under the International Mobility Program (IMP) or the Temporary Foreign Worker Program (TFWP) as it affects the hiring process and timeline. Plan Your Timing and Retention: Strategically plan your hiring process to ensure timely recruitment and retention of foreign workers. Consider long-term immigration goals and ensure proper work authorization. Employment Agreements: Have clear employment agreements in place that outline the terms of employment and compliance with immigration requirements. Compliance with Employment Standards: Ensure adherence to Employment Standards Code and Workers' Compensation requirements to provide a fair and safe workplace for foreign workers. Maintain Substantially the Same Employment Conditions: Employers must maintain the same employment conditions as stated in the LMIA or employment contract to avoid non-compliance. Workplace Free of Abuse: Create a workplace culture and policies that ensure foreign workers are free from physical, emotional, or psychological abuse and have access to healthcare services. Access to Healthcare Services: Ensure that foreign workers have access to healthcare services, especially if they become injured or ill at the workplace. Get Help from Experienced Immigration Lawyers: Stay up to date with immigration law changes and ensure compliance by seeking assistance from experienced immigration lawyers. Conclusion: Employing foreign workers in Canada requires careful planning, compliance with various regulations, and a commitment to providing a supportive work environment. By following these top 10 essentials, employers can navigate the complexities of immigration law and create a successful and compliant hiring strategy. Stay tuned for more updates and insights on Canadian immigration law, policy, and practice. Visit Holthe Immigration Law for more information and assistance with your immigration needs.

Welcome to Episode 133 of the Canadian Immigration Podcast, where we dive into the newly announced Alberta Advantage Immigration Program (AAIP) Tourism and Hospitality Stream. Host Alicia Backman-Beharry and guest Igor Kyryliuk discuss the implications of this new stream and provide valuable tips for potential applicants.[NOTE: As of the release of this episode, the AAIP has confirmed the first phase of the program is now closed. If filled extremely fast, but the AAIP will open future opportunities under this program as soon as the existing applications have been processed. It will be important to monitor the AAIP website carefully so that you are ready when the program opens once again. https://www.alberta.ca/tourism-and-hospitality-stream ] Key Highlights: Introduction of the Tourism and Hospitality Stream: Alberta has announced a new stream under its PNP, targeting individuals working in the tourism and hospitality sector. This stream is set to launch on March 1, 2024, and is expected to have a limited number of spots available. Eligibility Criteria: To be eligible for this stream, applicants must have been working for a tourism and hospitality business for at least six months and meet criteria to establish themselves in Alberta permanently. Additionally, they must have a valid full-time, non-seasonal job offer from an approved employer operating within the appropriate industry. Preparation Tips: Applicants should start collecting documents related to their work experience, such as reference letters from employers, pay stubs, T4 slips, and proof of funds. It's also crucial to ensure that their job falls under one of the 18 targeted National Occupation Classification (NOC) codes and that they meet the wage requirements for their occupation. Intent to Reside and Ability to Settle: Applicants should gather evidence to demonstrate their ties to Alberta, such as a lease agreement, driver's license, or connections to family members in the province. This will help prove their intent to reside and ability to settle in Alberta. Important Tips for Applicants: Create an Alberta.ca Account: Ensure you have a basic, unverified alberta.ca account ready for when the stream launches. Understand Your NOC and Wage: Make sure your job matches one of the eligible NOC codes and that you meet the wage requirements. Gather Proof of Employment and Job Offer: Collect documents to prove your past employment and obtain a job offer from an Alberta employer in the tourism and hospitality sector. Prove Intent to Reside and Ability to Settle: Show your ties to Alberta and your commitment to living in the province. Tell the Truth: Always be honest in your application and ensure consistency with previous applications to avoid misrepresentation. Conclusion: The new Alberta PNP Tourism and Hospitality Stream offers a promising opportunity for individuals working in this sector to establish themselves permanently in Alberta. By following the tips provided in this episode and preparing thoroughly, applicants can increase their chances of success in this competitive landscape. Stay tuned for more updates on Canadian immigration law, policy, and practice, and a special thanks to our sponsor, Joorney Business Plans, for their continued support. Take action: Sign up for the Express Entry Masterclass and check out the Express Entry Accelerator 2024 course to gain comprehensive knowledge and guidance on managing your application: https://www.canadianimmigrationinstitute.com/express-entry-landing-page Contact Information: Legal consultations: www.holthelaw.com YouTube Channel: Canadian Immigration Institute Stay tuned: For more insights and guidance on Canadian immigration, and remember to use the sponsor's code for a discount on professional business plan services.

Welcome to Episode 132 of the Canadian Immigration Podcast, where we dive into the recent changes to the Alberta Opportunity Stream (AOS) and the introduction of a new pathway for the tourism and hospitality sector. Host Alicia Backman-Beharry is joined by articling student Igor Kyryliuk to discuss these significant updates and their impact on potential applicants, especially within the Ukrainian community in Alberta. Key Highlights: Closure of Alberta Opportunity Stream: The Alberta Advantage Immigration Program (AAIP) announced that no more AOS applications would be processed as of February 15, 2024. This sudden change affects many individuals who were relying on this stream as a pathway to permanent residency, particularly those with lower language proficiency or working in lower-skilled occupations. Impact on the Ukrainian Community: The closure of the AOS is a significant blow to the Ukrainian community in Alberta, which has been looking to this program as a main pathway to permanent residency due to its more accessible language and occupation requirements. New Tourism and Hospitality Stream: On a positive note, the AAIP introduced a new stream targeted at individuals working in the tourism and hospitality sector. This stream is set to open on March 1, 2024, and is expected to account for 8-10% of Alberta's total nomination spots for the year. The stream aims to address labour shortages in this sector, particularly during the spring and summer months. Eligibility Criteria: To be eligible for the new Tourism and Hospitality Stream, applicants must have been working for a tourism and hospitality business for at least six months and meet criteria to establish themselves permanently in Alberta. Additionally, they must have a valid full-time, non-seasonal job offer from an approved employer operating within the industry. Important Occupations for the New Stream: The new stream targets eighteen National Occupation Classification (NOC) codes, including program leaders, restaurant and food service managers, chefs, cooks, bartenders, hotel front desk clerks, tour and travel guides, and various cleaning and support occupations. Applicants must also meet median wage requirements, which are yet to be detailed. Conclusion: The recent changes to the Alberta Opportunity Stream and the introduction of the new Tourism and Hospitality Stream represent significant shifts in Alberta's immigration landscape. While the closure of the AOS may present challenges for many, the new stream offers opportunities for those in the tourism and hospitality sector to establish themselves permanently in Alberta. Stay tuned for more updates and information on Canadian immigration law, policy, and practice. And a special thanks to our sponsor, Joorney Business Plans, for their continued support. For more details and updates, visit the Canadian Immigration Podcast website and subscribe to stay informed on the latest developments in Canadian immigration.

Title: Express Entry - Top 5 Wrong Answers in Online Forums Host: Mark Holthe Sponsor: Joorney Business Plans - The leading immigration business plan writing service provider in Canada. Mention the code HOLTHEJOORNEY10 for a 10% discount on your first business plan. Introduction: In this episode, Mark Holthe sets the stage for debunking common misconceptions found in online forums regarding the Express Entry system. Key Points: Can you claim work experience while studying full-time in Canada? Clarification on claiming work experience while studying full-time in Canada and the differences between the Canadian Experience Class and the Federal Skilled Worker Program. Explanation of eligibility for work experience claims for Federal Skilled Worker Program, but not for Comprehensive Ranking System (CRS) points. Can you change your Primary NOC after receiving an ITA? Discussion on the possibility of changing the primary NOC (National Occupational Classification) after receiving an ITA (Invitation to Apply) without affecting Express Entry eligibility or CRS score, with proper justification in the letter of explanation. What must be included in a translation package? Detailed breakdown of what should be included in a translation package for Express Entry applications, emphasizing the importance of stamps and affidavits from certified translators. Can I remove work history Post-ITA: Guidance on removing work history from the application after receiving an ITA, provided it does not affect eligibility or CRS score, and the necessity of full disclosure in the personal history section. Can I list my Spouse as Non-Accompanying when they are already with me in Canada? Strong advice against listing a spouse as non-accompanying if they are already in Canada to avoid misrepresentation allegations. Course Promotion: Announcement of the next Express Entry Masterclass on February 20th and promotion of the Express Entry Accelerator 2024 course, offering extensive lessons and live masterclass sessions for managing Express Entry applications. Reminder: Always verify information found in online forums with reputable sources or legal consultations to navigate the complexities of Canadian immigration law and policy. Take action: Sign up for the Express Entry Masterclass and check out the Express Entry Accelerator 2024 course to gain comprehensive knowledge and guidance on managing your application: https://www.canadianimmigrationinstitute.com/express-entry-landing-page Contact Information: Legal consultations: www.holthelaw.com YouTube Channel: Canadian Immigration Institute Stay tuned: For more insights and guidance on Canadian immigration, and remember to use the sponsor's code for a discount on professional business plan services.

Title: Navigating Work Permit Options Under the Canada-Chile Free Trade Agreement Host: Mark Holthe Guest: Alicia Backman-Beharry Introduction: Mark Holthe welcomes listeners to the podcast and introduces the topic of free trade agreements, specifically focusing on the Canada-Chile Free Trade Agreement. Alicia provides insights on the status and history of the agreement, highlighting its importance and recent updates. Key Points: Historical Context: Alicia discusses the Canada-Chile Free Trade Agreement as Canada's first with a South American country, established in 1997 and modernized in 2019 to include a chapter on trade and gender. Trade and Gender: The modernized agreement includes progressive steps like a chapter on trade and gender, focusing on cooperation between parties to support women entrepreneurs and women in SMEs. Chile's Progressive Moves: Discussion on Chile's progressive nature and its ongoing negotiations with other international trade agreements. Eligibility and Work Permits: Details on who is eligible for work permits under the Canada-Chile Free Trade Agreement. Comparison with other existing trade agreements and work permit programs. Professional Category Nuances: Alicia explains the specific nuances for professionals within the agreement, including education and licensing recognitions. Application Process: Guidance on the online application process for Chilean professionals, including the requirement for a visa and submission through the employer portal. Representative Tips: Mark and Alicia advise immigration practitioners on how to clearly outline the nature of the work permit and the associated exemption codes to avoid misunderstandings. Sponsor: Joorney Business Plans - Specializing in preparing business plans for intercompany transfers under free trade agreements. Conclusion: The hosts encourage listeners to send in future topics or participate in the podcast. Contact Information: To book a consultation: https://www.holthelaw.com/consultation YouTube Channel: Canadian Immigration Institute Email: mark@Canadianimmigrationinstitute.com Endnote: Reminder for professionals to include biometric fees and allow time for biometrics upon arrival in Canada. Insights into the experiences of those navigating the immigration process without preparation. Remember to check out our sponsor, Joorney Business Plans, and use promo code HOLTHEJOORNEY10 for a discount on your first business plan. Stay tuned for more episodes on our Business Immigration Series and reach out if you have topics to suggest or insights to share!

In this episode of our Business Immigration Series, Mark Holthe and Alicia Backman-Beharry discuss one of the oldest and often underutilized Free Trade Agreement Work Permits, the General Agreement on Trade in Services (GATS). Key Highlights: Understanding GATS: GATS is a free trade agreement under the World Trade Organization that facilitates the temporary entry of professionals and businesspersons among member countries. Despite being less commonly used, GATS covers significant ground in business immigration law, especially for short-term entries. Eligibility Criteria: Eligibility under GATS is contingent on the applicant being a citizen of a WTO member nation or a permanent resident of Australia or New Zealand. The discussion emphasizes the importance of checking the current list of WTO member nations and understanding the specific categories of professionals who can benefit from GATS. Application Parameters: The podcast highlights the stringent 90-day limit on work permits issued under GATS, underscoring the importance of aligning the permit duration with the scope of the project. It also addresses potential strategies to maximize the benefit of GATS within its limitations. Professional Categories and Requirements: Detailed insights into the professional categories eligible under GATS (e.g., engineers, architects, and senior computer specialists) and the necessity of obtaining relevant licensing from provincial regulatory authorities before applying for a GATS work permit. Application Process and Limitations: Clarification on the application process, including where and how to apply, depending on the applicant's country of citizenship and the necessity of a signed contract between the foreign service provider and the Canadian service consumer. Important Links: Book a Consultation: For personalized legal advice on Canadian immigration, book a consultation with Mark Holthe at https://www.holthelaw.com/consultation. 2024 Express Entry Accelerator DIY Course: Subscribe to prepare and enhance your Express Entry application with the Canadian Immigration Institute's DIY Course at https://www.canadianimmigrationinstitute.com/express-entry-landing-page. Sponsor Spotlight: Journey Business Plans Journey Business Plans, our title sponsor, specializes in crafting comprehensive business plans tailored for immigration applications, including intercompany transfers, startup visas, and more. Discover their services at www.joorney.ca and use the code HOLTHEJOORNEY10 for a 10% discount on your first business plan. Conclusion: This episode offers a comprehensive overview of GATS, shedding light on its potential as a tool for business immigration while acknowledging its limitations. Whether you're a professional seeking entry into Canada or a business looking to navigate immigration laws, GATS presents unique opportunities and challenges worth considering. Thank you for tuning in to the Canadian Immigration Podcast. Stay informed on the latest in Canadian immigration law, policy, and practice by subscribing and joining us in future episodes.

In this episode of our Business Immigration Series, we navigate the intricacies of the C10 Significant Benefit Work Permit, a cornerstone of Canada's International Mobility Program. Unpack the nuances of how this permit enables employers to hire temporary workers without the need for a Labour Market Impact Assessment (LMIA). We delve into the flexibility provided by Paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR), exploring how it allows officers to respond to unique cases where foreign nationals can create substantial benefits across Canada. The conversation gets practical with real-world examples, such as the case of a Tanning Salon Manager, who was successfully able to secure a C10 work permit. Our discussion extends to the critical documentation and evidence required to showcase a foreign national's significant contribution to Canada's economic, social, or cultural fabric. We dissect the types of evidence that make a strong case, while steering clear of simple replications from the department's website. Whether you're a business professional, immigration lawyer or consultant, or just curious about Canada's work permit pathways, this episode is your guide to understanding the C10 Significant Benefit Work Permit. Joorney Business Plans (Title Sponsor): https://www.joorney.ca/ BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6

This is a continuation of our previous discussion with Pantea Jarafi regarding the systemic refusals of Canadian Self Employed applications in the Warsaw office. Mark Holthe and Pantea discuss the class-action case of Tafreshi v MCI 2022 FC 1089, and the struggle that 110 applicants have had to go through to obtain justice from IRCC. The issues to lie in a calculated and systemic refusal of Self-Employed applications in the Warsaw office and a refusal on the part of IRCC to adhere to the rule of law and respect basic principles of procedural fairness within the adjudication process. Connect with Pantea directly if you feel like you have been affected by a similar issue or if you need help with a judicial review of your refused application: www.jafarilaw.ca/ Watch Part 1 here: https://www.youtube.com/watch?v=TnDIvxlDA-c&t=189s Joorney Business Plans (Title Sponsor): https://www.joorney.ca/

In this Episode 126 of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry tackle the intricacies of the Recognized Employer Pilot program, designed to simplify the LMIA (Labour Market Impact Assessment) process and reward employers with high standards. The podcast episode outlines key eligibility criteria, explores the program's benefits, and highlights potential challenges for businesses navigating the Canadian immigration landscape. Here are just few things that Mark and Alicia discussed in this episode: The purpose and significance of the Recognized Employer Pilot program. Eligibility criteria and the requirement for three positive LMIA approvals within the last five years. Benefits for employers, including extended LMIA validity and simplified applications. The need for continuous efforts to hire Canadian citizens or permanent residents. Compliance with program requirements, including annual wage reviews and housing inspection reports. The program's three-year duration, set to end in September 2024. The role of online LMIA applications and tracking. The potential long-term impact of the program on the Canadian immigration landscape. This episode provides valuable insights for employers navigating the LMIA process in Canada, offering guidance on how to benefit from the Recognized Employer Pilot program while emphasizing the importance of compliance and continuous efforts to hire Canadian workers.

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.

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.

In episode 122 of the Canadian Immigration Podcast, the focus is on the top 10 crucial considerations when bringing an employee under a Free Trade Agreement (FTA). Mark Holthe, the seasoned immigration lawyer hosting the episode, expertly explores these key points and questions that can make or break an international hiring process. From examining the reciprocal relationships outlined in the FTA with the employee's country of origin to determining whether the FTA applies exclusively to citizens or extends to permanent residents, the episode offers essential guidance for employers and applicants alike. Further, the podcast delves into issues like bringing dependents, admissibility checks, work permit caps and extensions, and the importance of long-term planning. Business visitors' regulations under the FTA, coverage of technicians and trades employees, and the list of professionals eligible under the FTA are also thoroughly dissected, making this episode a valuable resource for navigating the complexities of international employment through Free Trade Agreements. Top 10 things to remember when bringing an employee under a Free Trade Agreement (FTA) Reciprocal relationships (check the FTA with the employee's country of origin) Check if the FTA is available to Permanent residents or only to citizens of the signatory country Bringing the employee's spouse or children - check if the FTA facilitates entry for the dependents Screen the applicants and their dependents for admissibility (criminal and medical, security, misrepresentation, etc.) Check the caps, number, and duration of the work permits under the FTA Extensions - can you extend the Work Permit? Make a long-term plan. Do you have a strategy to transition the employee to another Work Permit? Business visitors - does the FTA modify the regulations? Do you even need a Work Permit application under the FTA? Does the FTA cover Technicians and Trade employees? Professionals category - check the list of professionals under the FTA. Is it a positive list or a negative list? 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.

Today, we're diving deep into the complexities of Employer Portal, offering guidance to employers and temporary foreign workers dealing with LMIA exemptions and employer-specific work permits. It can be a challenging journey, but understanding the process is key to a smoother experience. Let's explore the steps and potential pitfalls. REGISTERING FOR EMPLOYER PORTAL: To kick things off, when an employee needs an employer-specific work permit but qualifies for an LMIA exempt category, employers must first register for an Employer Portal account. But the pain begins with setting up an alternate user, and the challenges of Two-Factor Authentication (TFA). OFFER OF EMPLOYMENT: New requirements, effective since September 26, 2022, have added complexity. Employers must craft an offer of employment with precision. Key terms are crucial, and employers are reminded that they'll be held accountable for compliance under the International Mobility Program (IMP). WORKER RIGHTS AND ABUSE PREVENTION: We discuss the critical aspects of worker rights, emphasizing the importance of posting and logging the time when employees receive this vital information. Employers must commit to a workplace free from abuse, and this involves having a signed and dated agreement. Providing a fully executed copy to the Temporary Foreign Worker (TFW) is a must before submission through the Employer Portal. REGULATED OCCUPATIONS: Employers need to be cautious of regulated occupations. Additional requirements or restrictions may apply. DATA ENTRY AND TIME MANAGEMENT: The process of entering information can be cumbersome. Managing time-outs and keeping a separate document for critical data is essential for a smoother experience. LMIA EXEMPTIONS AND FITTING IN THE BOX: Employers need to ensure that their case fits into an LMIA exemption. We discuss the importance of getting this step right and whether to rely on specific criteria or uploading supporting documents. UPLOADING THE EMPLOYMENT AGREEMENT: The employment agreement plays a vital role. Employers must upload it with an acknowledgment from the employee that they have received Temporary Foreign Worker (TFW) information. DUPLICATE OFFERS AND PAYMENT: A crucial tip for employers is to create duplicate offers before proceeding to payment. This safeguards against application issues. It's worth noting that draft offers expire in 60 days, so time is of the essence. PAYMENT MECHANICS AND COMMON GLITCHES: We delve into the mechanics of the $230 payment and common glitches. Employers need to be aware of potential issues, including the disappearance of essential numbers or letters (A # essential O#). APPLYING FOR WORK PERMIT: It's not over yet! We guide employers on ensuring the employee properly applies for their work permit. The place and method of application depend on the employee's nationality, whether they're from the US, require an eTA, or a visa. Navigating the Employer Portal can indeed be a challenging journey, filled with potential pain points and complexities. But armed with the right knowledge, employers and temporary foreign workers can overcome these hurdles and ensure a smoother process. Stay tuned for more insights and guidance in our upcoming episodes. UPCOMING EPISODES: To wrap up, we offer a sneak peek into our next series of episodes where we uncover the hidden gems of the International Mobility Program (IMP) – Free Trade Agreements. These agreements are a game-changer for employers and employees. 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.

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.

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.