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!

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.

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 interesting discussion on challenging removal of PRs from Canada based on criminality. Rekha shared insights and demystified what happens to a PR charged with a criminal offense and how this fact is treated both within criminal as well as immigration system. Additionally, in this episode we discussed the following:

• consequences for a PR when charged with a criminal offense;
• types of criminal charges and difference between serious and regular criminality;
• options for appealing removal order;
• practical aspects of representing a client in appealing removal orders.

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.

One of the most heartbreaking realities of practicing Canadian immigration law is the fact that not all applications submitted will get approved.There is nothing worse than having to inform a client that their application was rejected. Inevitably, the first question a client asks after being told about the refusal, is how can we appeal that refusal.

Well, in this special series I will be releasing over the next couple of months, my good friend and colleague Rekha McNutt will join me to explore all of the ins and outs of the Canadian immigration appeal process and what happens in these hearings. Whether you are an immigration lawyer, consultant, or recently rejected applicant, this series is for you.

This special series on immigration appeals came about when Rekha and I realized that it was really difficult to try to limit the scope of this topic to just one episode. As we discussed the possible areas of immigration appeal, it became readily apparent that a special series on immigration appeals would be far more useful to the immigration practitioner and their clients than a high level discussion at the 10,000 foot level.

After all, this Podcast was designed to be very practical in nature and filled with numerous take aways that we and our clients could use in navigating our way through this complex area of immigration law, policy, and practice. I’ll leave the 10,000 foot level for my good friends, Peter, Steven, and Deanna over at the Borderlines Podcast….which is one I highly recommend you check out.

So after discussing the possible ways in which we could structure this series, we settled on breaking things down by division first and then type of appeal within each division. Here are the general topics you can expect in the coming weeks and months:

1. Immigration Division – detention reviews and admissibility
2. Immigration Appeal Division – spousal and parental sponsorship, removal order appeals
3. Refugee Protection Division – refugee claims
4. Refugee Appeal Division – refugee appeals
5. Special Episode – s.117(9)(d) refusals

I think you are going to absolutely love this series whether you are a new practicing lawyer, a seasoned practitioner, or an everyday applicant staring at a refusal letter and wondering where to turn now.

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

[Tweet “Everything you wanted to know about immigration appeals“]

Additional Resources:

• Rekha McNutt Bio: http://www.caronpartners.com/rekha-p-mcnutt
• Rekha’s Firm Website: http://www.caronpartners.com/
• Canadian Immigration Institute: https://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

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

So… IRCC is asking you to provide a police certificate. No problem…right? WRONG! Although obtaining police certificates for Canadian immigration purposes can seem like a pretty straightforward thing to do, if taken lightly, it can mean the difference between getting your application approved or rejected.

In this episode, Canadian immigration lawyer Shirish Chotalia joins me to discuss the ins and outs of the volatile area of police certificates and security screening. If you are involved in filing immigration applications, to any degree, you will not want to proceed any further before listening to this Episode.

In this episode Shirish and I discuss some of our craziest client experiences trying to get police clearances to satisfy IRCC’s requirements. When it comes to pretty much any requested document these days, IRCC is ruthless. If you don’t have it and can’t provide it, by the time they want it, you can count on your application getting rejected.

Ms. Shirish Chotalia has more than 30 years  experience in the field of immigration law. She has successfully opposed the decisions of the Minister of Citizenship and Immigration in the Federal Court and litigated complex cases since 1987. She has successfully conducted appeal hearings and managed complex immigration challenges. ​

If you have not yet had a chance, you can learn more about Shirish in Season 1 Episode 35 : Defending the Vulnerable – An Immigration Lawyer’s Story! This Episode was awesome. It really gives you a feel for who Shirish is and the great advocacy work she has done for her clients over the years….in many cases on a Pro Bono capacity.

In this episode, Shirish and I covered the following topics:

• Why are police clearances necessary?
• When is a police clearance needed.
• How to get a police clearance.
• Specific countries that can create problems for you and your client.
• Practice tips on obtaining police clearances.

[Tweet “Everything you need to know about police clearances“]

Additional Resources:

• Shirish Chotalia’s firm website: http://www.shirishchotalia.com/
• Best way to reach Shirish: info@shirishchotalia.com
• General information on Police Clearances: https://bit.ly/2jdOAsD
• How to get a police clearance: https://bit.ly/2u0GBoC

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

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

Have you ever wondered what happens when Canada wants to remove someone they think is a terrorist or a spy? How do they actually do this? Is there a formal process or do they simply book a flight, toss them on a plane and fly them back to their country of citizenship. Obviously it is not that simple! In my interview with Canadian immigration lawyer, Peter Edelmann, he shares some insight on this very complex area…the intersection of immigration, criminal and national security law in Canada.

S.34 of the Immigration and Refugee Protection Act sets out the basis upon which the government can find someone inadmissible to Canada on the grounds of security. Peter takes us through each of the various types of activities that can cause a person to be found inadmissible for national security concerns.

Peter is a regular presenter at conferences on various topics related to criminal and immigration law. He regularly appears before Parliamentary committees and before the Supreme Court of Canada on issues related to criminality and national security in the immigration context.

During my interview with Peter Edelmann, we covered the following topics:

• Peter’s background.
• How he got into immigration law.
• Introduction to inadmissibility on security grounds.
• Historical context of s.34 inadmissibility.
• What constitutes:
  • engaging in espionage;
  • subversion by force of any government;
  • engaging in terrorism;
  • being a danger to the security of Canada;
  • engaging in acts of violence that might endanger the lives of Canadians; and
  • being a member of an organization that engages in each of the above.
• How a security investigation is triggered.
• What to expect when your client faces these serious allegations.
• Numerous practical examples of how s.34 has been applied in Canada.
• Relief Provisions
• How to spot potential security issues early on what to do
• How people can reach Peter Edelmann.

[Tweet “How Canada removes terrorist, spies, and other dangerous people.“]

Additional Resources:

• Peter Edelmann’s Contact Information: https://edelmann.ca/ 
  • phone: 604-646-4684
  • e-mail: peter@edelmann.ca
  • twitter: @p_edelmann
• Peter’s Podcast “Borderlines”: https://borderlines.ca/
• Immigration and Refugee Protection Act (See S.34): http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html#h-23

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.

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

Have you or one of your foreign national or permanent resident client’s been charged or convicted of a criminal offence in Canada? If the answer is yes, you have to listen to this Episode. You will learn what to do when you are charged and how to deal with the negative consequences if convicted. Canadian immigration lawyer, Raj Sharma shares some critical insight on navigating this complex area of Canadian Immigration Law.

The consequences of committing a crime in Canada can be devastating for someone applying for permanent residence, and equally disastrous for people who are themselves already permanent residents of Canada. Like many immigration lawyers in Canada, this area of the law is something we really do not like to deal with. The immigration laws related to criminality can be downright cruel.
I had the opportunity to catch up with Canadian immigration lawyer Raj Sharma who practices with the law firm of Stewart Sharma Harsanyi in Calgary, Alberta.

Raj has been my go to lawyer when I have clients dealing with difficult admissibility issues in Alberta. He has represented a number of high profile clients and established himself as one of the top immigration lawyers in Alberta.

Raj took some time with me to explain a number of strategies that can be used in navigating the muddy waters of criminal inadmissibility. He also shares some great examples of how he dealt with a number of his most challenging cases.

During my interview with Raj Sharma, we covered the following topics:

• Raj Sharma’s background.
• How he got into immigration law.
• Introduction to criminal inadmissibility.
• What to do if a foreign national or PR is charged with a crime in Canada.
• Why we should not give up on our clients too soon.
• How to challenge the writing or referral of a s.44 Report.
• What happens after a s.44 Report is written.
• Practice tips for dealing with criminal inadmissibility
• How people can reach Raj Sharma.

[Tweet “Criminal Inadmissibility in Canada – Here’s what to do!“]

Additional Resources:

• Raj Sharma’s Contact Information:  http://www.sharmaharsanyi.com/about.html
  • e-mail: info@sshlaw.ca
  • phone: 403-705-3398
• Raj’s Law Firm – Stewart Sharma Harsanyi: http://www.sharmaharsanyi.com/
• Immigration and Refugee Protection Act (See S.36): http://laws-lois.justice.gc.ca/eng/acts/I-2.5/FullText.html#h-23

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.

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