What this episode is about?

We all know that love knows no boundaries. However, in reality there are a lot of obstacles international couples may need to go around if they want to stay together and not being separated by the border.

In this episode I invite Alicia Backman-Beharry, an amazing Canadian Immigration Lawyer who joined Holthe Immigration Law in August of 2020, to discuss spousal sponsorship applications. We talk about the differences between Inside and Outside Canada Sponsorships, benefits and drawbacks of each type of the application, as well as reasons why your Spouse or Common-Law Partner Class or Family Class application can be refused.

COVID-19 and the travel restriction also had a significant impact on the processing of the Spousal Sponsorship applications. Alicia and I discussed how this global pandemic impacted applicants and how IRCC takes a ruthless approach of refusing applications for frivolous mistakes, in attempt to keep the processing time down.

I definitely recommend that you listen to this episode carefully, because even slightest mistake can crush your plans of sponsoring your loved ones. Also, take a note of tips we provide that can help you make sure your application is not refused:

1. Examine and follow your Documents Checklist with forensic level of details

2. Provide sufficient proof of genuineness of your relationships

3. Provide an explanation along with your application if any of the documents or questions do not apply to your situation.

4. Make sure you have added your signatures and validated your forms

5. Ensure your photos meet the requirements.

If you want to learn more about the difference between Spouse or Common-Law Partner Class and Family Class applications Alicia Backman-Beharry prepared a wonderful blogpost that covers everything you need to know about these two applications. Check the blog post here: https://www.holthelaw.com/spousal-sponsorship-canada/

About today’s guest of the Canadian Immigration Podcast

Alicia Backman-Beharry has practiced as an immigration lawyer for 17 years. She was called to the Alberta bar in 2003 and was an associate with a medium sized firm and a boutique immigration law firm. Alicia went out on her own as a sole practitioner 8 years ago. She works with corporations, individuals and other lawyers to solve difficult immigration legal issues. Prior to joining the Holthe Immigration Law team, she also contributed as a part-time program lawyer at a non-profit poverty law clinic.

She finds it rewarding to help individuals and companies through the complex world of Canadian Immigration law. Having taught courses on temporary and permanent residence, Alicia is able to see how various pieces of the immigration puzzle fit together, and can provide advice so that people understand which application to pursue and why.

During her career as Immigration Lawyer Alicia Backman-Beharry has assisted with a wide range of business immigration matters, including applications for Labour Market Impact Assessments, work permits, Intra-company transfers, and Employer Compliance Reviews. She also has extensive experience with Permanent Residence applications including Express Entry, Provincial Nominee Program, Humanitarian and Compassionate, and family class sponsorships. While working with the poverty law clinic, she routinely helped people with inadmissibility issues, refugee matters, restoration applications, and temporary residence permits. She has appeared before various Courts and Tribunals, including Federal Court, Provincial Court, the Court of Queen’s Bench, the Immigration and Refugee Board, the Immigration Division, and the Immigration Appeal Division.

Volunteering has always been a big part of how Alicia spends her time. She enjoyed 9 years on the Board of a large immigrant serving settlement organization, including serving as Secretary, Vice-Chair, Chair and Past-Chair of the Board and is a past Chair of the Immigration and Citizenship Law Alberta South Section of the Canadian Bar Association.

You can book a consultation with Alicia Backman-Beharry on our Holthe Immigration Law website: www.holthelaw.com/consultation

About the host of the Canadian Immigration Podcast

Mark Holthe is a Canadian Immigration Lawyer based in Lethbridge, Alberta. He has started his legal career with a large national law firm in Calgary where he initiated the business immigration practice at the firm. Since those early days, he has had the opportunity to work in a wide variety of law firm configurations before finally realizing that the best place for him was within the confines of an immigration boutique firm of his own making.

As a Canadian immigration lawyer, Mark has particular experience in assisting clients with all aspects of Canadian immigration law. He assists large national and multinational companies in navigating the complex world of Canadian immigration and provides strategic immigration advice to international and domestic companies seeking to recruit and retain foreign skilled and semi-skilled personnel.

Mark also assists temporary foreign workers with their transition to permanent resident status in Canada and over the past few years, he has taken great satisfaction in helping individuals and families with their various immigration related needs. Mark finds no greater satisfaction than helping to facilitate the reunification of families.

While attending law school, Mark worked as an Immigration officer for Citizenship and Immigration Canada on the Alberta/Montana border. While completing his final year of law school, he worked as a pro bono student to the Canada Border Services Agency Hearings Officers representing the minister before the Immigration Appeal Division in Calgary, Alberta. As a result of his prior experience as an immigration officer, Mark has been able to enhance the services he offers to his cross-border and overseas clients. Since that time, he has continued to work hard fostering positive relationships with the various immigration related government departments and has focused a significant portion of his practice on cross-border matters.

About the Sponsor of the Canadian Immigration Podcast

This episode sponsored by Canadian Immigration Institute, a platform designed to help people navigate Canadian immigration on their own. On this platform, I offer Do-It-Yourself (DIY) video courses guiding you through the process of submitting your immigration application without a need to hire a lawyer. These video courses not only allow people to better understand Canadian immigration but also earn me sufficient revenue to continue pushing out great free content on Canadian immigration.

Visit Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com

Listen to the Canadian Immigration Podcast on Spotify and iTunes

Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!

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If you want to connect with me or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com

Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:

Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA

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Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute

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Holthe Immigration Law Twitter Page: https://twitter.com/HoltheLaw

What do I do when my Canadian immigration application has been refused? This is the question I get more than any other as an immigration lawyer. Well, after much contemplation, I decided I would answer this question once and for all by inviting one of the most well respected immigration lawyers in Canada, Richard Kurland, to join me on this Episode.

Whether you are a Canadian immigration lawyer, consultant or foreign national, this episode will reveal to you some of the best options available for challenging an immigration refusal….and a few unique suggestions offered by Richard Kurland that you likely never even considered.

As a kick off to Season 2 of the Canadian Immigration Podcast I pulled out all the stops to get one of the most well respected and skilled immigration lawyers in Canada to join me as we tackle the painful issue of how best to deal with the refusal of a Canadian immigration application.
Richard is one of the foremost immigration policy analysts, lawyers and a go to resource for media, government, and pretty much all of us when it comes to Canadian immigration law.

As one of the highest ranking Access to Information and Privacy (ATIP) requesters, he is most often recognized for his efforts in “keeping Ottawa honest.” As the Editor-in-Chief of Lexbase, a monthly publication providing current immigration policy and practice information, he has made a business out of ensuring transparency within the immigration department. If you have not yet subscribed to his monthly Lexbase publications, you should not be practicing immigration law!

In this Episode, rather than focusing on immigration at a 10,000 foot level, Richard flipped the focus upside down and took the time to share some unbelievably valuable insight on how to deal with the sometimes devastating effects of a visa refusal.

In our interview, Richard covered the following strategies:

1. Start with a consultation with an immigration lawyer to discuss what may have been missing from the original application.
2. Consider refiling or requesting reconsideration of the original application.
3. Seek help from the local Member of Parliament of Senator.
4. Don’t overlook the importance of a Judicial Review in Federal Court.
5. If in Canada, can you restore status?
6. Go to the media!

[Tweet “What to do when your Canadian visa application is rejected“]

Additional Resources:

• The best way to reach Richard Kurland: lexbase@canimmigrate.com
• Richard’s firm Kurland Tobe: http://www.canimmigrate.com/
• How to subscribe to Lexbase: http://www.canimmigrate.com/index.php?p=1_8_Lexbase
• My most popular blog post: “What to do when your Canadian Visa Application is Rejected“
• Excerpt from Richard’s appearance before the House Standing Committee on Immigration December 13, 2016

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

You can read additional notes for this episode, [spoiler]

CIP Show Notes: Season 2 – Episode 1

Richard Kurland – Policy Analyst and Lawyer

Today I am here with Canadian immigration lawyer Richard Kurland who will be addressing one of the most common enquiries I get on a daily basis, and likely many other immigration lawyers as well

“What to do when you Canadian Immigration Application is refused.”

Welcome to the Podcast Richard.

Introduction of Richard.

Question: How did you get into Immigration?

Today we are going to discuss the options that are available to someone who has had their Canadian immigration application refused.

Question: you have a client who comes into your office and tells you that their immigration application has been refused? Can you share with us the steps you follow to find a solution for these individuals.

1. Consult

2. Reconsideration

3. Re-apply

4. Federal Court… worth it or not?

5. MP

6. Media

How Can you be reached if people who would like to retain you to help them with any immigration matter?

Richard’s contact: lexbase@canimmigrate.com 

Thank you so much for joining us.

[/spoiler]

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