Canadian Immigration Podcast

By Mark Holthe

This podcast is all about Canadian Immigration law, policy, and practice. Periodically Canadian immigration lawyer Mark Holthe will address various topics related to the Canadian immigration process. ... more

4.7

2323 ratings

Download on the App Store

Download on the App Store

Get it on Google Play

FAQs about Canadian Immigration Podcast:

How many episodes does Canadian Immigration Podcast have?

The podcast currently has 175 episodes available.

Canadian Immigration Podcast episodes:

February 20, 2025CIP 158: Time's Up Series - Do I get certificate of qualification points - Express Entry
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 More
Stay 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.
...more
22min
February 12, 2025CIP 157: Time's Up Series - Applying for a BOWP? Don't make these costly mistakes
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 More
Stay 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.
...more
41min
January 11, 2025CIP 156: Time's Up Series - No Points for LMIAs: What this means for Express Entry?
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 More
Stay 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.
...more
1h 9min
November 29, 2024CIP 155: Time's Up Series - When not to claim refugee status in Canada
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 More
Stay 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.
...more
34min
November 23, 2024CIP 154: Time's Up Series - H&C Applications: What you need to know
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 More
Stay 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.
...more
1h
November 16, 2024CIP 153: Time's Up Series - No Extensions for PGWPs
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 More
Stay 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.
...more
36min
November 13, 2024CIP 152: How to move to Canada for US citizens post 2024 election (2nd Edition)
Episode 152: "How to Move to Canada 2.0: Dedicated to US Citizens Post-Election"
Episode Summary
In 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 More
Stay 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 and discussion on Canadian immigration and is not intended as legal advice. For personalized assistance, please consult with an immigration lawyer.
...more
55min
November 02, 2024CIP 151: Time's Up Series - My work permit expires soon: Can I change to a visitor status?
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
...more
50min
October 28, 2024CIP 150: Time's Up Series - The High Cost of Staying in Canada Illegally
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
...more
34min
October 16, 2024CIP 149: Time's Up Series - What to do when your work permit is expiring?
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
...more
42min

FAQs about Canadian Immigration Podcast:

How many episodes does Canadian Immigration Podcast have?

The podcast currently has 175 episodes available.

More shows like Canadian Immigration Podcast

Global News Podcast by BBC World Service

Global News Podcast

7,865 Listeners

Ideas by CBC

Ideas

363 Listeners

The House by CBC

The House

66 Listeners

World Report by CBC

World Report

219 Listeners

IELTS Energy English 7+ by Lindsay McMahon, Jessica Beck, Aubrey Carter

IELTS Energy English 7+

431 Listeners

The NPR Politics Podcast by NPR

The NPR Politics Podcast

25,659 Listeners

Borderlines by Steven Meurrens and Deanna Okun-Nachoff

Borderlines

8 Listeners

The Daily by The New York Times

The Daily

111,750 Listeners

Today, Explained by Vox

Today, Explained

9,930 Listeners

The Big Story by Frequency Podcast Network

The Big Story

109 Listeners

Front Burner by CBC

Front Burner

399 Listeners

Think Fast Talk Smart: Communication Techniques by Matt Abrahams, Think Fast Talk Smart

Think Fast Talk Smart: Communication Techniques

765 Listeners

The Official CELPIP Podcast by CELPIP Test Official

The Official CELPIP Podcast

7 Listeners

The Decibel by The Globe and Mail

The Decibel

137 Listeners

The Speak English Fearlessly Podcast by Aaron Nelson

The Speak English Fearlessly Podcast

1 Listeners