Episode 084 of the Canadian Immigration Podcast

What this episode is about?

In the midst of COVID 19 pandemic we, Canadian Immigration Lawyers often ask ourselves – what is going on with immigration and how Canada can adapt to the new normal with existing and new potential immigration programs? In light of the ongoing and severe economic crisis Canada really could use some investment and even consider rolling out a new immigration program to get back on track with the recovery from consequences of the pandemic. This would allow our country to bring in new awesome people, give a boost to our economy, create new jobs across Canada.

As a chair of the Canadian Bar Association Immigration Section I have had a great opportunity to discuss immigration with number of organizations, including the Conference Board of Canada, which has been proposing some alternatives to the investor program. So, in this episode I bring on Phil Cohen to discuss what can we do as a country to help encourage more investment in Canada. During this episode we look into investor programs existing in other countries, in particular EB-5 program that exists in United States. This, then leads us to a discussion of how a program, similar to EB-5 would be of benefit to Canada.

EB-5 is an American immigration program that allows both, Americans and foreign nationals to set up companies that can raise money from immigrant investors. In return, investors can qualify for a Green Card (alternative to Canadian Permanent Residence) so long that the business achieves certain requirements, such as:

• The investor has to invest a minimum amount of $900,000 or $1,800,000 USD
• The business must create a minimum of 10 jobs for each investor the business takes on

This program allows to attract significant amount of investments to small and large businesses.  In times of economic uncertainty the program like EB-5, without a doubt, benefits not only the business seeking investment, but also has a great positive impact on economy and the public. Moreover, the cost of the capital typically ends up being much lower when businesses seeks for investments through EB-5 program.

Tune in to learn more details about American EB-5 program and potential benefit Canada would enjoy if we implement similar program in our country.

About today’s guest of the Canadian Immigration Podcast

Phil Cohen is the founder and president of Strategic Element as well as the Editor-in-Chief of The EB-5 Definitive Guide (see: www.starteb5.com for more information). Phil has a long history of developing businesses, business concepts and products, dating back to 1993. With a career that began in the manufacturing sector, and grew to include new developments in technology and a variety of start-ups, Phil has progressively built up experience in the area of new business development with a focus on transforming ideas in to viable business models.

Phil has worked with large public companies as well as small and mid-sized start-ups and businesses.

Beyond the development of business concepts, models and plans, Phil has taken a hands-on role in the launch of several businesses and business initiatives. In so doing he has faced firsthand the realities and challenges faced by new businesses. This firsthand experience has provided him with the insight and real-life exposure necessary to develop businesses and business plans that work.

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

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For US companies relying upon foreign workers, Monday, June 23, 2020, was a day of significant disappointment. President Trump announced that many categories of foreign workers would no longer be granted entry to the US until the end of 2020. Fortunately, Canada’s immigration policy is far more welcoming. If you are a US company that is going to be hurt by these latest rounds of restrictions, Canada may just be the answer. Tune in to this episode where US Immigration Attorney, Nicole Ezer, explains what these restrictions mean for your company and Canadian Immigration Lawyer, Mark Holthe, shares some great “made-in-Canada” solutions to turn your disappointment into relief.

Many US companies were left reeling on Monday, June 23rd when President Trump announced that H-1B, L, J and H-2B visas would be blocked until the end of 2020. These four non-immigrant visa categories are relied upon heavily by US companies seeking to fill critical skill shortages in the US.

Now what is a US company going to do?

They were already hit hard by the COVID-19 pandemic, but this most recent announcement feels like insult to injury.

In this episode US immigration attorney, Nicole Ezer shares some great insight into what these restrictions really mean for US companies and why things may not be as bad as they seem.  I then take some time to pull the curtain back on some very practical solutions that Canada’s facilitative immigration policy offer to struggling US companies and their foreign workers.

Nicole Ezer is the founder of Ezer Law Group, a business immigration boutique law firm based in Houston, Texas. She is my go-to attorney for any US bound business immigration need. We have collaborated for years on mutual cross-border clients and I have fortunate to call her my friend.

Nicole has practiced in the areas of family-based immigration, naturalization and asylum and participated in activities that provide education to industries and communities regarding immigration issues.

She is a frequent speaker before industry, HR groups and for attorney CLE activities, and is a 2002 Graduate of the Center for Houston’s Future Leadership Forum. Nicole has also served as an adjunct professor at the University of Houston Law Center, teaching “Business Immigration Basics”.

Nicole has focused her practice on immigration policies and planning and consulting for companies of all sizes. She is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Nicole develops, implements and updates immigration policies for multinational corporations.

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 “Canada is a great option for suffering US companies?”]

• Additional Resources:

  • Nicole Ezer’s law firm: https://ezerlawgroup.com/
  • The best way to reach Nicole:
    • Phone: (281) 404-7781
    • Website: https://ezerlawgroup.com/contacts/

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This is the second part of a two-part series on the Canadian Business Immigration process. In this episode, immigration lawyer, Jeffrey Lowe, and I dive into the different types of investment strategies available to foreign nationals seeking to acquire permanent resident status in Canada. We take some time to pull back the curtain on the most common investment vehicles available to potential business immigration clients as they seek to realize their dream of securing PR status for them and their families.

Listen to our Canadian Immigration Podcast episode #077:

During this episode, you will learn about four common ways foreign nationals can invest in Canada. Jeffrey discusses the pros and cons of each of these pathways, and how to find business opportunities when investing in Canada.

What makes this episode so awesome is the case studies and analysis of different immigration scenarios available to business investors. In addition, this episode is chock-full of practical tips designed to help Canadian immigration lawyers and their high net worth clients navigate the complexities of the business immigration process.

If you would like to learn more about my guest, have a listen to Episode 19 of the Canadian Immigration Podcast where we discussed Jeffrey’s background and how he got into immigration.

Jeffrey Lowe has practiced Immigration and Business law in British Columbia since 1983. He holds both a Bachelor of Laws and a Bachelor of Commerce from the University of British Columbia and is considered an innovator in the convergence of Business, Technology, and the Law. Jeffrey is the Chief Inspirational Officer of Lowe & Company and has taught Immigration Law, Practice Management and Legal Ethics to lawyers across Canada since 1990.

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 “Business Immigration programs are alive and well in Canada.”]

• Additional Resources:

  • Jeffrey’s firm: https://www.canadavisalaw.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

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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

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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

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

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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]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

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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

Why is it so dang hard to challenge an officer’s decision when a Canadian visa application is rejected? This is the question I get more often than any other question from listeners. In this episode of the Canadian Immigration Podcast, I invited Canadian immigration lawyer Steven Meurrens to join me to try to unravel this complex question.  As most immigration lawyers understand, much of the answer rests in the concept of “Standard of Review“, or in other words, the standard to which an immigration officer’s decision is to be held. If you have just experienced a rejection on a Canadian visa application, this Episode is a must.

In my interview with Steven, we examine a very interesting court case, MPSEP v. Tran  2015 FCA 237, that has quietly worked its way to the Supreme Court of Canada.  Tran is going to have some pretty huge ramifications for this whole area of judicially reviewing an officer’s decision. Steven shares some great insight on this case and provides a little glimpse into what he thinks the SCC could possible do. Once the decision comes out later next year, we will have to have him come back on the Podcast to see how close he really was.

Steven Meurrens is a Canadian immigration lawyer and a partner with the law firm of Larlee Rosenberg in Vancouver, British Columbia.  The firm focuses on all areas of Canadian immigration law.

Steven has significant experience representing corporate and individual clients in obtaining visas and permits for many business-related purposes.

In addition to his business immigration practice, Steven has extensive experience in family-based immigration matters and a very active practice assisting people who have been denied entry to Canada and to those who have had their visa applications refused. He has appeared before the Immigration and Refugee Board and the Federal Court of Canada.

Steven is the Chair of the Canadian Bar Association’s Immigration Subsection in British Columbia. He is a published columnist, a regular panelist at immigration law conferences, and is the author of a very widely read blog on Canadian immigration law called Meurrens on Immigration. If you haven’t had a chance to read Steven’s blog, you had better go check it out. The content on this blog is exceptional. You will also need to check out his Immigration Podcast called Borderlines that he hosts with Peter Edelmann.

During my interview with Steven, we discussed the following areas:

• How he got into immigration.
• Steven’s blog called Meurrens on Immigration
• An introduction to Steven’s Podcast: Borderlines with Peter Edelmann in BC
• Reasons why it is so hard to challenge an officer’s decision
• Standard of Review
• Important Case Discussion: MPSEP v. Tran (2015 FCA 237)
• One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086)

[Tweet “Visa rejected? How to challenge an officer’s decision?“]

Time Stamped Quick Reference Guide

In order to help you jump to the areas of most interest to you, I have included below some time stamps for some of the significant topics covered in this episode.

3:55 – Who is Steven Meurrens?

7:40 – Where does Steven Meurrens blog?

10:00 – How did he get into Immigration Law?

12:42 – Steven’s Blog: Meurrens On Immigration

21:22 –  Why is Officer discretion so important to the Standard of Review?

22:14 – Who are considered part of administrative tribunals responsible for enforcing or administering the Immigration and Refugee Protection Act and its Regulations?

25:10 – Reasonableness – why is this the standard of review for most immigration decisions in the Federal Court?

35:45 – What is the concept of standard of review?

38:00 – What does it mean for something to be procedurally fair?

41:38 – Discussion on the Federal Court of Appeal decision in Tran.

49:39 – Discussion on the case of Gupta v. Canada (2015 FC 1086)

59:45 – How to reach Steven Meurrens.

Additional Resources:

• Steven Meurrens Law Office: http://www.larlee.com/
• Steven’s LinkedIn Profile:  https://ca.linkedin.com/in/steven-meurrens-4a666a17 
• Steven’s Blog – “Meurrens on Immigration”: http://meurrensonimmigration.com/
• One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086): http://bit.ly/2authy4

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

CIP S1 E28 | Steven Meurrens | Show Notes

Introduction:

Welcome to Steven Meurrens.

Well respected immigration lawyer practicing with the law firm of Larlee Rosenberg in Vancouver, British Columbia.

The firm focuses on all areas of Canadian immigration law. Advising local and multinational corporations on the movement of key employees, and individuals and families who dream of building a future in Canada.

Steven is a Partner in the firm with significant experience representing corporate and individual clients in obtaining visas and permits for many business-related purposes.

In addition to his business immigration practice, Steven has extensive experience in family-based immigration matters AND a very active practice assisting people who have been denied entry to Canada and to those whom have had visa applications refused. He has appeared before the Immigration and Refugee Board and the Federal Court.

Steven is the Chair of the Canadian Bar Association of British Columbia’s Immigration Subsection. He is a published columnist, a regular panelist at immigration law conferences, and is the author of a very widely read blog on Canadian immigration law called Meurrens on Immigration which we will talk about in a little bit.

QUESTION: How did you get into immigration?

QUESTION: Can you tell us a little about your Blog?

I am also delighted to hear that you are also wading into the wonderful world of Podcasting.

QUESTION: Can you tell us a little bit about your Podcast?

Focus on the legal side of immigration and delve into the wonderful world of administrative law in the context of Canadian immigration applications.

If you recall, one of Steven’s specific focuses within his practice is assisting people who have been denied entry to Canada or to those who have had visa applications refused.

Challenging an officer’s decision is not always an easy thing. Sometimes, there are clear pathways with fairly well defined appeal mechanisms. However, in many cases, the only recourse is to seek redress through Federal Court.

When challenging an officer’s decision in Federal Court, administrative law principals are triggered. Today I have invited Steven to join me to help clear up, if possible this very confusion area of immigration law……..in essence this is really the core of what immigration “law” is all about.

Why is it so dang hard to challenge an officers decision?

1) The discretion that visa officers have when assessing applications, including:

• Immigration law is a subset of administrative law;
• Visa officers, port of entry officers, and even summer students are administrative tribunals;
• They have a wide range of discretion; and
• There is often not a right answer to a case. Rather, there is a range of possible answers.

2) Fettering discretion.

• That officers cannot fetter their discretion by relying on manuals as if they are law.
• The tension that this produces between courts who view visa officers essentially the same as they view the Immigration and Refugee Board vs. program officers who view themselves as implementing and administering departmental programs.

3) Standard of Review

• Questions of fact.
• Questions of law.
• My Gupta as an example.
• The Koo example of where there can be problems if officers have discretion in the interpretation of law.

4) Tran

• The FCA decision in Tran.
• A review of the problems with the Tran decision as identified by Paul Daly http://www.administrativelawmatters.com/blog/2015/11/13/a-snapshot-of-whats-wrong-with-canadian-administrative-law-mpsep-v-tran-2015-fca-237/
• Plug that Steven will be back on when Tran is released.

QUESTION: How can people reach you?

Thanks for being on the Podcast Steven.

Helpful Links:

• How you can reach Steven Meurrens: meurrens@larlee.com
• Larlee Rosenberg: http://www.larlee.com/
• Steven’s Blog – “Meurrens on Immigration”: http://meurrensonimmigration.com/
• Important Case Discussed in this Episode: MPSEP v. Tran (2015 FCA 237): http://bit.ly/2ajifyo
• One of Steven’s Successful cases at the Federal Court: Gupta v. Canada (2015 FC 1086): http://bit.ly/2authy4

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

Periodically I answer listener questions on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. You can also leave me a voice message on the Ask an Immigration Question widget on the side bar of this website.

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