In this episode of the Canadian Immigration Podcast, hosts Mark Holthe and Alicia Backman-Beharry shine a light on one of the most overlooked pathways to staying in Canada: the open work permit for spouses and dependent children of permanent residence sponsorship applicants.

They clarify who qualifies, how the process differs for in-Canada vs. Family Class applications, and how to avoid costly mistakes. With processing delays, stricter rules, and fewer temporary pathways, this episode is essential for couples navigating the PR journey.

Key Topics Discussed

Who’s Eligible:
Only spouses and dependent children included in a PR sponsorship (not PGWP holders or student spouses).

Inland vs. Outland Sponsorship:
Family Class applicants can now apply for open work permits too—without losing the right to appeal or travel.

Processing Times & AOR:
You generally need an Acknowledgment of Receipt (AOR) to apply—but there’s a two-week grace rule if your status is expiring.

How to Apply Properly:
Must apply online through IRCC’s portal with correct job codes and supporting documents—no flagpoling or border apps allowed.

Out-of-Status Pathway:
A slower paper-based route exists for applicants with no valid status, but only after getting approval in principle.

Key Takeaways

A valid PR sponsorship with AOR unlocks the open work permit.

Don’t wait—timing and document accuracy are critical.

Even Family Class sponsors in Canada may qualify.

Seek legal help to avoid costly delays or misrepresentation.

Quotes from the Episode

Mark Holthe:
“If you don't follow the instructions, the processing times are so long that if something goes wrong, you're probably landing in a really tough spot.”

Alicia Backman-Beharry:
“You only have a two-week window. This is why I wanted to bring attention to this category—it can make a huge difference in people's lives.”

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

In this episode of the Canadian Immigration Podcast, host Mark Holthe and immigration lawyer Alicia Backman-Beharry relaunch the Business Immigration Series with a timely update on the evolving LMIA process in 2025. As IRCC and ESDC crack down, employers face stricter rules, higher wage thresholds, and rising refusal rates.

They explore what’s changed, why it’s harder than ever to get an LMIA, and how employers can improve their chances. From new advertising requirements to the end of Express Entry LMIA points, this episode offers critical insights for both employers and immigration professionals navigating today’s high-stakes landscape.

Key Topics Discussed

New Wage Thresholds: High-wage vs. low-wage LMIA explained, with updated 2025 provincial cutoffs (e.g., $36/hr in Alberta and Ontario).

Tightened Restrictions: 10% cap on low-wage TFWs and automatic refusals in regions with 6%+ unemployment.

Advertising Requirements: 4-week minimum, national scope ads, and strict Job Bank/Job Match compliance now critical.

Processing Delays: Official timelines vs. real-world wait times—why 3–4 months is the new normal.

Business Legitimacy Scrutiny: Even large employers must prove they can pay and comply.

No LMIA Points in Express Entry: Loss of arranged employment points changes PR strategies.

Employer Liability: LMIA applications are the employer’s legal responsibility—precision and legal support are essential. 

Key Takeaways

LMIAs are tougher than ever—especially for low-wage or high-unemployment areas.

Follow Job Bank, wage, and ad rules precisely.

Be prepared for a 3–4 month process.

Seek legal help—errors are costly.

LMIA points no longer benefit Express Entry.

Quotes from the Episode

Mark Holthe:
“There’s a concerted effort to make it as difficult as possible for employers to get LMIAs approved.”

Alicia Backman-Beharry:
“Fail to engage with Job Match and your ad—and LMIA—could vanish without notice.”

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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.

🎓 With new draws targeting educators and healthcare workers, knowing how to correctly count your experience is more important than ever.

Key Topics Discussed

🚫 Why self-employment doesn’t count for CEC (and how it catches many off guard)
📊 How to properly calculate 1,560 hours—even with part-time or multiple jobs
🌍 Foreign vs. Canadian work experience: why you can’t count both in the same week
📅 The impact of vacation time—what counts as “reasonable” paid leave
🧾 Why unauthorized or premature work (especially post-grad) won’t qualify
📜 How to match your work permit’s NOC code with your actual job duties
🏙️ Quebec-based work is fine—if you prove intent to live elsewhere in Canada

Key Takeaways
✅ Only authorized, paid, high-skilled Canadian work counts toward CEC
✅ Max 30 hours/week counts—regardless of how many jobs you hold
✅ Vacation must be paid and reasonable; unpaid time won’t qualify
✅ Watch for unauthorized work or early post-grad employment
✅ Get your job’s NOC code right—or risk refusal and misrepresentation

💬 Quotes from the Episode
📢 Mark: “The system might give you an ITA—but if the law says your work doesn’t count, it’s over.”
📢 Alicia: “Every detail matters—one wrong assumption can unravel your application.”

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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.

👨‍⚕️ Whether you’re a doctor working in Canada or abroad, this episode is packed with critical insights to protect your application and avoid costly mistakes.

Key Topics Discussed

🏥 Wrong ECA Organization for Physicians
Why some healthcare professionals must use the Medical Council of Canada (MCC) instead of general ECA providers.
How misidentifying your credentialing body can lead to refusals—or even misrepresentation findings.

🇨🇦 Including a Canadian Spouse in Express Entry
Clarifying whether to list a Canadian spouse as accompanying or not.
When to declare a common-law partner—and what impact this has on eligibility and settlement funds.

🩺 Internships and the CEC Trap
Why even paid internships during Canadian education don’t count for CEC if done under a co-op or intern permit.
Key tips to avoid working illegally after receiving your program completion letter.

💼 The Self-Employment Loophole for Physicians
How the April 2023 Public Policy now allows select physicians to claim Canadian work experience—despite working on a fee-for-service basis.
Who qualifies (specific NOC codes only), and why checking the self-employment box in the Express Entry profile could cost you points.

📑 Arranged Employment Confusion
Why job offers still matter under FSW—despite the removal of CRS points for job offers post-March 2025.
How to avoid false claims that could trigger misrepresentation.

🛑 Work Permit Limitations and Inadmissibility Risks
Why you need to understand the terms of your current work permit before claiming experience in your profile.
What to do if your employer categorized your NOC code incorrectly.

Key Takeaways
✅ Doctors must get their ECAs from the MCC if they fall under specific regulated NOCs.
✅ Don’t click “self-employed” for Canadian work experience if you're a fee-for-service doctor covered by the new policy.
✅ Avoid including a Canadian spouse improperly—it can skew your profile or trigger refusals.
✅ Know your work permit's NOC code and limitations—missteps here can lead to inadmissibility.
✅ Claiming job offers incorrectly can still result in misrepresentation, even without CRS points at stake.

💬 Quotes from the Episode
📢 Mark Holthe: “One wrong box checked could eliminate your chance at PR. The system isn’t built to forgive honest mistakes anymore.”
📢 Alicia Backman-Beharry: “Being a smart doctor doesn’t mean Express Entry is easy. Immigration law is a whole other specialty.”

Links and Resources

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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.

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.

🔎 If you’ve ever asked yourself, “Do I really have to include that old visa refusal?”—you need to hear this.

⚖️ The Legal Weight of Statutory Questions

Why your answers are bound by law under Section 16(1) of the Immigration and Refugee Protection Act.

What counts as “inadmissibility” under Section 41—even without a conviction.

🚨 What You Must Disclose—Even If You Think It’s Not Important

Arrests with no charges, expunged records, or youth offences: They still matter.

Refusals of TRVs, study permits, PNP applications, and even refugee claims abroad.

How failing to disclose an old U.S. visa denial triggered misrepresentation.

📝 Letters of Explanation (LoEs): Your Best Protection Against Misrepresentation

When and how to submit LoEs if you’re not sure how something will be interpreted.

What details must go in: dates, reasons, outcomes, and documentation.

📉 Why Misrepresentation Doesn’t Require Intent

Even honest mistakes or forgetting one past refusal can lead to a 5-year ban.

The dangers of relying on memory—or assuming IRCC “already knows.”

💡 Practical Tips for Safer Submissions

Always answer “Yes” if there’s any doubt, and explain later.

Confirm information with your family—especially if you were a minor when events occurred.

Understand that “No Live Trace” in UK criminal checks may still require disclosure.

✅ Every statutory question must be answered truthfully and completely.

✅ “No intent to mislead” is not a defence if you get it wrong.

✅ LoEs are your best tool to explain complex histories and protect your application.

✅ Previous disclosure in past applications doesn't excuse omitting it now.

✅ Full honesty upfront is better than scrambling to fix a refusal or ban later.

📢 Mark Holthe: “You never want to leave anything up to the discretion of an officer. One wrong click on ‘No’ instead of ‘Yes’ could cost you five years.”

📢 Alicia Backman-Beharry: “You might think the system already knows. But legally, you have to tell them again. Every time.”

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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.

🔎 If you’ve received an ITA or plan to submit your eAPR soon, this episode is packed with guidance to help you avoid misrepresentation and ensure a smooth Express Entry process.

Key Topics Discussed

⚠️ What’s the Big Deal About Post-ITA Changes?

Why changes made after receiving an ITA can lead to refusal, inadmissibility, or even a 5-year ban.

Explanation of the A11.2 assessment and how IRCC uses it to assess eligibility.

The legal obligation to notify IRCC of material changes to your application.

📝 Common Post-ITA Changes That Could Sink Your Application

Incorrect NOC codes and what happens if you realize the wrong one was used.

Adjusting job duties or hours of work—and the risk of being accused of misrepresentation.

Adding or removing work history and how it can affect your points or eligibility.

Updating expired or incorrect language tests and educational credential assessments (ECAs).

Changing marital status (getting married or having a baby) and how it affects your score and application.

💡 How to Make Corrections Safely and Strategically

When it’s okay to remove or change work history in your eAPR.

The role of Letters of Explanation (LoEs) in mitigating risk and explaining changes.

Strategies for dealing with expired documents or expiring test scores before submission.

🚫 What NOT to Do After Receiving an ITA

Ignoring changes or inconsistencies—IRCC can see your original profile details.

Failing to declare new family members or trying to game the system by adding a spouse later.

Relying on old Express Entry advice or advice from forums that no longer applies.

📬 The Power of Being Proactive

Why you should explain changes upfront to avoid being accused of misrepresentation.

How to address big mistakes like an undisclosed prior work history or education credentials.

Key Takeaways

✅ Always review your application carefully post-ITA—your situation may have changed. ✅ Use a Letter of Explanation to disclose and clarify any changes. ✅ Misrepresentation doesn’t require intent—it can happen from simple errors or omissions. ✅ If you’re unsure, get legal advice before submitting your eAPR. ✅ Being proactive is always better than trying to fix a problem later.

Quotes from the Episode

📢 Mark Holthe: “You never want to leave anything up to the discretion of an officer. The moment you get an ITA, everything you do next has to be 110% accurate.”

📢 Alicia Backman-Beharry: “Doing the right thing is usually hard. But it’s better to lose an application than be barred from Canada for five years.”

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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.

🔎 If you’re preparing your Express Entry application or worried about missing key details, this episode will help you build a bulletproof case for your work experience and increase your chances of success.

Key Topics Discussed

🏢 The Importance of Work Experience in Express Entry

📄 How to Structure the Perfect Reference Letter

❗ What If You Can’t Get a Proper Reference Letter?

⚠️ Common Express Entry Mistakes That Get You Refused

🛠 Fixing Errors and Strengthening Your Application

Key Takeaways

✅ Work experience must be clearly documented, with duties matching your NOC.
✅ A poorly written reference letter can sink your Express Entry application.
✅ If your employer won’t provide a letter, alternative documents are critical.
✅ Be consistent across all applications (work permits, PR, study permits).
✅ Proactive explanations help avoid misrepresentation allegations.

Quotes from the Episode

📢 Mark Holthe:
"The biggest mistake we see? People think a job title alone is enough. It’s not. Officers are looking at your job duties, not just your position."

📢 Alicia Backman-Beharry:
"A work experience refusal is often the difference between PR and starting over. Don’t leave it up to chance—get your documents right the first time."

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.

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

🏗️ Canada’s Plan to Support the Construction Industry

🚧 The Out-of-Status Construction Worker Pathway – A Fair Solution?

The existing pilot program in the GTA has already granted PR to 1,365 individuals.

Expansion of the program means more undocumented workers may now qualify.

Why does the government seem to be prioritizing undocumented workers over legal temporary residents?

Could this program encourage more people to stay illegally in Canada?

📉 What This Means for Express Entry & Legal Workers

The government has set a goal to reduce immigration numbers, yet they are opening PR pathways for undocumented workers.

Fewer ITAs? Why this program may take spots away from Express Entry candidates who have followed the rules.

The impact on category-based draws: Will the focus shift even more towards construction and skilled trades?

💰 Temporary Foreign Workers & Apprenticeship Program

A new policy now allows certain foreign workers in the construction industry to complete apprenticeships without needing a study permit.

Who qualifies, and how does this change affect current workers looking for PR pathways?

Could this be a better way to integrate legal workers rather than prioritizing undocumented individuals?

❓ Does This Really Solve Canada’s Housing Crisis?

Miguel, a carpenter from the GTA, shares his experience of losing work despite the government claiming there is a desperate need for construction workers.

Mark discusses whether immigration policy alone can fix the housing shortage.

Are bureaucratic red tape and high building costs a bigger issue than a lack of workers?

How government priorities might be missing the mark.

Key Takeaways

✅ The Out-of-Status Construction Worker Pathway is expanding beyond the GTA, but at what cost?
✅ Legal workers, including temporary foreign workers and international graduates, are struggling to find PR pathways.
✅ The apprenticeship exemption is a great step forward for legal workers in trades.
✅ Immigration levels are being reduced, yet undocumented workers are now getting PR pathways.
✅ Canada’s housing crisis is about more than just labor shortages—government inefficiencies play a huge role.

Quotes from the Episode

📢 Miguel (Carpenter, GTA):
"I’ve been in construction for years, and right now, work is drying up. I haven’t had a job since February. I keep getting messages from friends asking if I know where they can find work. So if we don’t even have jobs, why is the government saying we need more workers?"

📢 Mark Holthe:
"This program is rewarding the wrong people. What about the workers who have followed the rules? What about those struggling to get PR while working legally in Canada?"

Links and Resources

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Disclaimer

This episode provides general information about Canadian immigration and is not intended as legal advice. For personalized assistance, consult an immigration lawyer.