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

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The podcast currently has 171 episodes available.

Canadian Immigration Podcast episodes:

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
October 02, 2024CIP 148: AAIP Expression of Interest System - Everything you need to know!
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
...more
39min
August 28, 2024CIP 147: Uncovering TFWP Abuse: What Every Employer and Worker Needs to Know
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:
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
🔺 Subscribe to our weekly newsletter: https://bit.ly/3RlH9h6
🔺 Become a member of the Canadian Immigration Institute YouTube channel: @canadianimmigrationinstitute
🟡 Canada Immigration Video Do-It-Yourself Courses
2024 Express Entry Accelerator Course and Masterclass: https://bit.ly/3xbQP6k
🎧 Listen to the Canadian Immigration Podcast:
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social media:
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer: This podcast is intended for informational purposes only and does not constitute legal advice.
...more
39min
August 28, 2024CIP 146: Mastering the 'Intention to Reside' in Canada's PNPs
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:
💻 BOOK AN IMMIGRATION CONSULTATION: https://bit.ly/3QBDyf6
🔺 Subscribe to our weekly newsletter: https://bit.ly/3RlH9h6
🔺 Become a member of the Canadian Immigration Institute YouTube channel: @canadianimmigrationinstitute
🟡 Canada Immigration video Do-It-Yourself Courses
2024 Express Entry Accelerator Course and Masterclass: https://bit.ly/3xbQP6k
🎧 Listen to the Canadian Immigration Podcast:
iTunes: https://apple.co/3maWC64
Spotify: https://spoti.fi/38Ix4tM
📱 Follow us on social media:
Instagram: https://bit.ly/390HHZg
Express Entry Law Facebook Group: https://bit.ly/3x6ItvK
Holthe Immigration Law Facebook Page: https://bit.ly/3NPQSu5
Canadian Immigration Institute Facebook Page: https://bit.ly/3xd782U
LinkedIn: https://bit.ly/3xf1Nbv
Disclaimer: This podcast is intended for informational purposes only and does not constitute legal advice.
...more
30min
July 22, 2024CIP 145: Lengthy Delays in Security Screening
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.
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1h 30min

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