However, what if you never intended to misrepresent your case or did not even know that you have misrepresented something? This is just one of the issues that I have discussed with Rekha McNutt in today’s episode of the Canadian Immigration Podcast where we touched on the various aspects of appealing the removal of PRs for misrepresentation.

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I had an awesome and engaging conversation about misrepresentation and the consequences of such wrongdoings. It is surprising that there are so many ways how almost anyone can become a victim of their own carelessness, lack of understanding of the immigration processes or even reports filed by their close circle of friends or relatives. Rekha gave a full explanation of what misrepresentation really is and how serious and challenging the consequences may get if IRCC believes there was a misrep. Additionally, in this episode we discussed the following:

• what is the misrepresentation;
• examples of Innocent Misrepresentation;
• misrepresentation on inadmissibility vs. misrepresentation on eligibility;
• different ways IRCC finds out about cases of misrep;
• fairness letter and Section 44 reports;
• the process of removal of permanent residents for misrepresentation;
• different ways to fight your case if Immigration Division issues a removal order.

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

• Additional Resources:

  • Rekha’s firm: http://www.caronpartners.com/
  • How to contact Rekha: RMcNutt@caronpartners.com 
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Topics for our Next Podcast

If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn

Binge on all of our Canadian Immigration Podcast Episodes!

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Subscribe to the Canadian Immigration Podcast on iTunes and Spotify

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I had a very engaging discussion of all sorts of issues related to challenging Removal Orders and answered some of the most common questions about residency requirement for Canadian Permanent Residents:

• How can you lose your PR status in Canada?
• How much time do you have to stay in Canada to maintain your PR Status?
• Can a Canadian PR be turned away at the border for not meeting the residency requirement?
• How much time you have for appealing your Removal Order?
• Does the process of filing an appeal to IAD differ for in-Canada and outside of Canada appellants?
• Are there any exceptions to the residency requirement?
• What does a hearing at Immigration Appeals Division look like?
• How can you justify your absence in Canada?

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

• Additional Resources:

  • Rekha’s firm: http://www.caronpartners.com/
  • How to contact Rekha: RMcNutt@caronpartners.com 
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Subscribe to the Canadian Immigration Podcast on iTunes and Spotify

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

Anyone dealing with a Canadian Border Services Officer understands right away that they carry considerable power and authority over who is granted entry to Canada and who is not. In this episode Canadian Immigration Lawyer, Arghavan Gerami joins me to discuss some challenges that currently exist within the Canada Border Services Agency and attempt to offer some solutions on how things can improve.

In this episode we will pull back the curtain on the inner workings of the CBSA. We discuss whether the approaches taken by the CBSA during COVID-19 are consistent with the principles of Open Government heralded by the Liberal government in their election platforms.  We also discussed the lack of transparency demonstrated bt the CBSA and whether the approach they take is consistent with the rule of law, a foundational pillar of our society.

There has been a significant lack of responsiveness by the CBSA to any attempts at dialogue in understanding the rationale for their decisions in turning people away at the border during COVID-19. Understanding the legal basis for these decisions formulates a critical component in the advice we provide to our clients as immigration lawyers. Lately, we have been left with far more questions than we have answers.

In a pandemic, people need even more transparency and clarity when it comes to the implementation of new policies and procedures. This lack of transparency can be seen most acutely in how the CBSA has been interpreting what is considered to be a “non-essential” purpose in the context of Canada’s travel restrictions. This episode was created in an attempt to encourage greater transparency with the CBSA. We hope you like it.

Arghavan Gerami Bio:

Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation (‘PC’), a full-service immigration law firm in Ottawa, Ontario.  She completed her Juris Doctor and Master of Laws at Osgoode Hall Law School, York University and was called to the Ontario Bar in 2007.

Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice before transitioning to private practice in 2011. She also had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal.

Since founding Gerami Law PC in 2011 Ms. Gerami has focused her practice on immigration and refugee litigation and represented numerous clients before the Federal and provincial Courts, as well as the various divisions of the Immigration and Refugee Board.

Ms. Gerami is an Executive Member on the Immigration Law Section of the Canadian Bar Association.  In 2017 and 2018 Ms. Gerami also served on the Organizing Committee of the annual CBA Immigration Law Conference.  She has been interviewed on national and local television and quoted in national and local newspapers such as The Globe and Mail, National Post and the Ottawa Citizen.  Ms. Gerami has also published numerous journal articles, presented at immigration and refugee law conferences and events across Canada, and provided guest lectures at the University of Ottawa.

As a Supervising Principal to articling students, Ms. Gerami enjoys facilitating the career development of law students and young lawyers. She also enjoys traveling as well as spending time with her two children, husband and Bambi (her dog).

Sponsor:

None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Is the CBSA above the Law?”]

• Additional Resources:

  • Arghavan’s law firm: https://www.geramilaw.com/
  • Arghavan’s contact info: https://www.geramilaw.com/contact.html

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

With the legalization of marijuana in Canada on October 17, 2018, there continues to exist tremendous confusion on how this will impact Canadian marijuana users travelling to the US and American’s coming to Canada for a little “marijuana tourism“. The issue is complex for individuals, but down right maddening for multinational companies sending employees back and forth across the Canada/US border on a daily basis.

In this episode, I was joined by Canadian and US Immigration Attorney Henry Chang who shared some great advice on the real dangers that exist for users of marijuana seeking to travel cross border between Canada and the US and some great tips for employees of Canadian marijuana companies travelling to the US.

Henry Chang, a partner with the law firm of Blaney McMurtry in Toronto, Ontario, has always been a great resource for anything related to cross border immigration. As an immigration lawyer/attorney licensed to practice immigration law on both sides of the border, he was the perfect choice to join me on this Episode to explore the hidden dangers and pitfalls that the legalization of pot in Canada has created for Canadians and Americans crossing the Canada/US border.

Henry is a member of the Law Society of Ontario and the State Bar of California. He is consistently ranked as one of Canada’s top lawyers by The Canadian Legal Lexpert Directory, Who’s Who Legal, and Best Lawyers. He also holds an AV (Preeminent) rating, the highest possible rating, from Martindale-Hubbell.

Henry is the chair of the firm’s Immigration Law Group. As a recognized authority in the field of United States and Canadian business immigration law, his style of legal representation is often referred to as the “gold standard” for cross-border mobility law. With limited exceptions, Henry personally supervises the preparation of such cases, in order to ensure the highest probability of a successful outcome.

Henry lectures extensively in Canada, the United States, and overseas. His work has been published in numerous nationally- and internationally- recognized publications, including LexisNexis’ Immigration Law & Procedure, which has been cited in over 300 Federal Court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme Court.

Two of Henry’s more recent articles have propelled him forward as one of the go-to lawyers on this topic and landed him many interviews with media seeking to demystify some of the lesser known dangers that are lurking in the shadows for marijuana users crossing the border.

How the Legalization of Marijuana Will Affect Your Ability to Travel to the United States

Canadian Companies Should Educate Their Employees Prior to Marijuana Legalization

In this episode Henry and I covered the following topics:

1. Canadians travelling to the US after legalization
2. Employees of Canadian companies travelling to the US
3. Americans coming to Canada for “marijuana tourism”
4. Bringing marijuana across the border (into Canada or the US)

[Tweet “What you must know about Pot and cross border travel“]

Additional Resources:

• How to Contact Henry Chang: https://www.blaney.com/contact-us
• Website: https://www.blaney.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Visa processing can be tricky business. Although IRCC has taken significant measures to streamline the process and make it easier for us to file applications online and through the various processing centres, inevitably efficiency of process runs into a wall…..for some of our clients, it can be a BRICK WALL. In this episode, Canadian immigration lawyer Christy Jones joins me to discuss some of the more challenging scenarios she has had to work through and together we share some strategies for helping you navigate those quirky cases we all seem to get from time to time.

As a young immigration lawyer, the best decision I ever made was to join the Canadian Bar Association’s National Immigration section. Why?

Because it is probably the most collegial group of professionals in the country. There was always someone willing to share their past experience dealing with tricky situations. This willingness to share gave me access to a wealth of experience that allowed me the ability to quickly climb the steep immigration learning curve essential to practicing in this ever changing area of the law.

In this Episode of the Canadian Immigration Podcast, I was joined by immigration lawyer Christy Jones who practices out of her firm in Toronto, to share some insight on the world of visa processing from a practical perspective. Anyone can follow the IRCC guides and document checklists essential for filing a complete application.

However, what do you do when things start to go off the rails and there is no instruction guide on how to deal with it?

You call a trusted colleague to see if they have already experienced something similar.

This episode is devoted to a number of case scenarios where Christy and I share our thoughts on how best to deal with them. Our listeners will quickly discover that despite our many years of immigration practice, and our relatively consistent approach to most situations, there are times when our approaches to resolving an issue can be quite different. I guess this is what makes immigration so challenging, and yet so enjoyable….there is always more than one way to solve a problem.

Here is a short list of the scenarios we discussed in this episode:

Scenario 1: Employee requiring a Work Permit, with one DUI is denied entry to Canada, and advised to seek a TRP through a visa office before attempting to re-enter. His intended position in Canada renders him eligible for expedited processing under the GSS.

Scenario 2: A GSS eligible application is to be prepared under the intra company transfer (specialized knowledge) provisions, but is not terribly strong. The applicant is visa exempt, but you are not sure whether an officer at the port of entry will agree with the specialized knowledge argument to be presented and the applicant has a long flight to Canada. You decide applying at the POE is too risky. Should you apply online to be processed under the GSS or submit the application to the IMWU for an opinion?

Scenario 3: Applicant with a Work Permit approved under the GSS arrives at the port of entry. The work permit is issued indicating that a medical exam is required within 30 days, however the applicant had not resided in a designated country, and there was no medical conducted toward Work Permit approval.

Scenario 4: An applicant eligible for a Work Permit exemption under the GSS is not issued a Visitor Record at the port of entry upon arrival.

[Tweet “Learn some tips on Visa Processing from experienced immigration counsel“]

Additional Resources:

• The best way to reach Christy Jones:
  • E-mail: cjones@jonesimmigrationlaw.com
• Christy’s law firm Jones Immigration Law: http://jonesimmigrationlaw.com/
• Case Scenarios discussed in this Episode: Jones Visa Processing Scenarios

Listen to Mark Holthe’s Canadian Immigration Podcast

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Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

Are you considering sending one of your clients to a Canadian port of entry to benefit from faster processing? STOP! Listen to this Episode before you even think about doing this. Yes…..you will get faster processing – however, you may not be as thrilled with the decision you get on that application. Join me in this Episode where I share some of my own x-immigration officer insight on navigating Canadian ports of entry.

For the last couple of years, I have always followed an interview format on my Canadian Immigration Podcast. There has always been an awesome guest who joins me to discuss the various topics I cover on Canadian immigration. However, in this episode I decided to “go solo” for a change.

In the summer of 2002 (wow….it’s hard to believe so much time as passed), this  young fellow had the opportunity to work as an immigration officer at the Carway and Chief Mountain POEs straddling the Alberta/Montana border. To a large extent, my experience over that summer and the following year working as a “pro bono” slave to the hearings officer in Calgary while I finished up law school, shaped my desire to practice immigration law today.

I truly believe that those experiences gained working as an immigration officer have made me a better immigration lawyer today. I often find myself drawing upon those experiences when I advice clients and ultimately with the way in which I create my immigration applications and supporting documents. I will forever be grateful to all of the fine officers I worked with those many years ago.

A recent client experience shared with me by a friend and past colleague caused me to do this episode today. Navigating the Canadian POEs can truly be a Jekyll and Hyde experience. In this episode I shared a little insight that I hope will help you as you contemplate sending your clients through a port of entry for immigration purposes.

In this episode, I covered the following topics:

1. Why are POEs more difficult today than they used to be?
2. The cultural transformation that has gone on at Canadian POEs.
3. My thoughts on why things are the way they are.
4. Tips and strategies to help you when dealing with Canadian POEs.

[Tweet “Canadian POEs, a Jekyll and Hyde Experience“]

Listen to Mark Holthe’s Canadian Immigration Podcast

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Binge on all of our Canadian Immigration Podcast Episodes!

If you want to listen to more episodes, you will find all the episodes here.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

If you enjoyed the show, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

….So with high rates of non-compliance within the low skill ranks of the TFWP, coupled with the equally acknowledged need for foreign labour in various industries, I am going to share with you exactly why I feel Express Entry is the solution to all that ails the TFWP.

The government will no longer need to perpetuate the fiction that the TFWP is actually being enforced?

The last time I checked, there has not been a new employer added to the government’s naughty list since November of 2014. Without trying to be too critical, the government’s enforcement mechanism has been like a barking dog with no bite.

After a while, it doesn’t matter how loud the dog barks, the burglar knows the dog isn’t going to bite, so they just keep on stuffing your jewelry into their pillow case

Since 2011, Employment and Social Development Canada (ESDC) and Immigration Refugees and Citizenship Canada (IRCC) (collectively referred to as the “government”) keep ratcheting up the consequences of non-compliance with employers …. but in the end, they rarely punish malfeasance.

Bad employers (and I am going to keep referring to them as this because that is exactly what they are) understand that they can do pretty much whatever they want with their vulnerable foreign workers. Although some initial fear may be struck with each incrementally loud enforcement bark, any apprehension quickly disappears with the realization that no bite is ever coming.

The Administrative Monetary Penalty (AMP) regime, that became law on December 1, 2015, could be helpful in deterrence. However, we have heard virtually nothing regarding enforcement since this latest round of barking commenced. In fact, there has been very little of anything describing how the AMPs will even be administered.

It amazes me that the government can enact arguably punitive legislation against employers without providing the basis upon which the penalties will be applied…but this is also a topic for another blog or maybe even another Podcast.

If there has been any enforcement, [note the inflection in the word “has”] it has come at the hands of the fearsome Integrity Service Branch Officer who goes to all possible lengths to identify the terrible corporate villain who dares to give their beloved foreign worker CEO a 3% annual raise after he had the audacity of earning the company and all its Canadian employees $50 million in the previous year….non-compliance in all its horror!

What a colossal waste of time and governmental resources.

Officers need to conduct site visits

If each of these officers donned their coat, hopped in their bat mobile and actually popped in on the premises of the extensive list of “bad employers,” most assuredly building through ESDC’s online fraud reporting tool, a disincentive would actually be created.

If anyone actually knows how many tips have been generated to date, I would love to know. Clearly they are not being investigated as robustly as previous Minister Jason Kenney assured us all when the TFWP was overhauled/gutted in 2014.

I can’t help but quote from the government’s very own “Bark Sheet” released simultaneously with the announcement that “once and for all” the TFWP was being overhauled and “bad employers” ….well….their days were numbered:

Stronger Enforcement and Tougher Penalties

Increasing the Number and Scope of Inspections

Given concerns over abuse of the Temporary Foreign Worker Program (TFWP), the Government is making a significant investment in its TFWP inspection regime.

Despite the fact that the Low Skill TFW Pilot Project was created in 2002, no inspections were done at that time. In recent years, the Government began conducting inspections, and there is now a dedicated team of inspectors for the TFWP at Employment and Social Development Canada (ESDC) Nevertheless, an additional investment into the TFWP inspection regime is required to ensure stronger enforcement.

Effective immediately, the Government is massively increasing the number of inspections so that one in four employers using temporary foreign workers will be inspected each year These inspections will be as a result of tips, employers being deemed high-risk and random audits.

And we must not forget how seriously those critical “tips” were to be taken by that newly hired team of dedicated inspectors. Pulling once again from the “Bark Sheet”:

Increased Detection of Abuse

The Government launched a Confidential Tip Line in April 2014 for Canadians to report abuse of the Temporary Foreign Worker Program (TFWP). More than 1,000 tips had been received to date.

In addition to the tip line, a new Complaints Web page has been launched to allow the public to submit tips easily and securely online.

The Government will continue to follow up on each and every complaint to make sure that employers who are breaking the rules are caught and face the consequences.
We encourage all Canadians who have concerns or information to call our anonymous and confidential tip line. Any allegation of abuse will be investigated.

To report abuse of the Temporary Foreign Worker Program, contact:

Service Canada Confidential Tip Line
1-866-602-9448 or
visit www.esdc.gc.ca/tfwp

I think you get the picture. Lot’s more barking and very little bite.

What the program needed more than anything was actual investigation, not overhauling.

Yes. Please do strengthen the enforcement regulations if they were somehow deficient.  However, after doing so, you have to actually follow through. Especially when you have so clearly set it out in writing.

If the regulations call for site visits, then actually visit the job sites and conduct real investigations. If the regulations call for AMPs, then fine employers that abuse the program!

Since the summer of 2014, the TFWP has been pulling in hundreds of thousands of dollars (likely well into the millions [I couldn’t find the actual figures]. With an application fee of $1,000 per foreign worker named in an LMIA application, and high rates of refusal, it is easy to see how the TFWP should have plenty of resources available to actually honour the commitments made in the “Bark Sheet.”

Yes…. I know that the Integrity Services Branch has been conducting lot’s of “investigations” since the program was overhauled. However, these paper based virtual inspections are targeting the wrong kind of non-compliance. What is being turned up is loads of non-compliance for such horrific violations as “fractional” wage increases, slight occupational shifts, and failing to notify Service Canada when a foreign worker stops working and leaves the country.

Seriously… is this the best use of program resources?

If you are inspecting a bad employer, their records are going to show exactly what they want you to see. Remember, they have already required the foreign worker to repay them the cash difference between the LMIA wage and the under-the-table wage they forced the foreign worker to accept.

I’m not so naïve to believe that a site visit will uncover all elements of non-compliance and that a paper based review is ineffective in turning up non-compliance and abuse. However, by actually going to the job site and interviewing both the Canadian and foreign worker employees from time to time, you are sending a message to bad employers that you are serious.

Now of course I know that virtual inspections must have turned up some serious violations; however, if this is the case why have there been no new additions to the governments naughty list in the past two years? 

In fact, the list has actually shrunk versus grown.

Everyone remembers the CBC Go Public piece entitled, “McDonald’s accused of favouring foreign workers” by reporter Kathy Tomlinson, that kick started the whole overhaul to the program back in the Spring of 2014. Glen Bishop, the owner of the McDonald’s franchise highlighted in the article saw his franchise placed on the “black list” and then experienced the pleasure of McDonalds allegedly stripping away all of his franchises as a result of the ensuing investigation.

This is what Ms. Tomlinson reported:

As a result of Go Public’s inquiries, the government has suspended all pending foreign worker permits for the three McDonald’s locations owned by franchisee Glen Bishop and has blacklisted his franchise from using the program, pending the outcome of the probe.

Guess what the outcome of the probe was?

Why don’t you take a second look at the current list of “black listed” employers.

Why?

Because the suspension levied against Glen Bishop’s x-franchise has been lifted and they are no longer on the list any more. In fact, Glen Bishop is now suing McDonalds for damages he allegedly incurred when McDonalds forced him to turn over the franchises when they were in full scale damage control mode following the CBC Go Public article.

I will repeat once again that if any semblance of serious enforcement had occurred at the early stages of the low skill program, there would have been no need for an overhaul.

The public shaming exacted by CBC Go Public on the government would never have occurred. And most importantly, if the overhaul did not take place, the undeserved punishment that was exacted on the good employers (low skill and high skill alike) would have also never occurred.

Stay tuned for Part 3 which will be released tomorrow. The story keeps unfolding….

Please provide your comments below. I’d love to hear your thoughts on the TFWP.

If you are a foreign national with a criminal conviction – listen to this Podcast BEFORE travelling to Canada! In this Podcast I had the pleasure of interviewing one of the most respected Business Immigration Lawyers in Canada, Barbara Jo Caruso of Corporate Immigration Law Firm based in Toronto, Ontario. BJ shared with me some tremendous insight on the inner workings of the Canadian POEs and some recent changes at the Primary Inspection Line that every foreign national needs to be aware of.

As a prior Customs Officer working at the Canadian POE, BJ walks us through the inspection process and shares some fantastic insight on what people can expect when they are going through the Primary Inspection Line.

Our conversation focuses primarily on what is now happening to foreign nationals with prior criminal convictions or even a criminal charge that was resolved, who are seeking entry to Canada.

If you fit into this category, this Podcast will give you tips and strategies on how to minimize your risk if travelling to Canada.

Most important take-aways from my interview with BJ Caruso:

1. Overview of Canadian Ports of Entry and how the inspection process really works!
2. Insight into the make-up of the modern CBSA Officer.
3. Primary Inspection Line Officers now have access to CPIC.
4. How criminal inadmissibility to Canada is determined.
5. How to overcome criminal inadmissibility
6. Tips for safely navigating the Canadian Ports of Entry
7. Pros and Cons of applying for access to the Trusted Traveller Programs (NEXUS etc.)

[Chief Mountain Port of Entry, Alberta/Montana Border]

[Tweet “Changes at the Canadian POEs that are catching travellers off guard“]

Additional Resources:

• The best way to reach BJ Caruso: caruso@cimmigrationlaw.com
• CBC Investigates | Border security: hundreds detained in 1st month of new screening measures – http://bit.ly/1TuT9Hp
• Annotated Immigration and Refugee Protection Act of Canada: http://bit.ly/1O0jdO0

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

Canadian Immigration Podcast – Show notes

Season 1: Episode 14

Interview with Barbara Jo Caruso.

Barbara Jo Caruso is a founding partner of Corporate Immigration Law Firm, located in the heart of the Financial District in Toronto, Ontario.

BJ is a co-author of the Annotated Immigration & Refugee Protection Act, published by Carswell (“The Annotated IRPA”).  The Annotated IRPA is a leading immigration textbook in Canada, and is used by Federal Court Judges, Canadian immigration officials at all levels including Canada Border Services Agency Officers, Immigration Officers, Appeal Board Members, Refugee Board members, lawyers and law students alike.

I can attest to the fact the Annotated IRPA was definitely used by government officers. My first copy was given to me by the hearings officers in Calgary when I was working as a Pro Bono Student (Slave) while attending law school.

BJ is Certified by the Law Society of Upper Canada as a Specialist in Immigration Law. She is one of the most respected business immigration lawyers in the country and a tireless advocate for her clients and our profession. She is currently serving as Treasurer on the Executive Committee of the Canadian Bar Association’s National Immigration Section and a mentor to many young aspiring immigration lawyers across the country…..me included.

We could easily spend the whole podcast episode discussing BJs numerous professional accomplishments; however, knowing BJ, she probably just wants me to stop with the introductions and get to the real reason she has come on the Canadian Immigration Podcast –

and that is to discuss some recent changes that have occurred at our Canadian ports of entry that are catching many foreign nationals off guard.

Lead in Question:

1. BJ, can you take a minute to explain these recent changes at Canadian ports of entry and how they are impacting people seeking entry to Canada?

Issues to discuss:

• Overview of Canadian POEs and insight into the make-up of Border Service Officers
• 1800 cases flagged in the first month of operations where travellers were identified as having outstanding warrants against them.

• Can impact any FN who has ever been arrested, charged or convicted of a crime inside and outside Canada.

• CPIC information is not updated – onus on FN to satisfy officer they are not inadmissible

• Failure to disclose prior criminality could lead to finding of misrep and 5 year bar

• How to overcome inadmissibility – TRPs, Rehab & “deemed rehab”

Additional Questions:

2. So what happens if I am an individual with a DUI who is travelling to Canada for business and I really don’t have time to prepare a TRP or Rehab application?
   1. What can I expect to happen if I decide to travel anyways and test my luck?
3. Let’s say I’m a Global Mobility Manager who needs to send a highly specialized employee to Canada on short notice, but fortunately the employee tells me prior to travel that she had a prior criminal conviction. What should they do?

4. Given what we now know about the increased powers of inspection granted to CBSA officers at the front lines, If there was one piece of advice you could give an individual who needs to travel to Canada, but may be criminally inadmissible, what would it be?
5. If there are individuals or companies out there with employees facing issues with criminal inadmissibility and they want to get in contact with you for further information and assistance, what is the best way to reach you?

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