If you are an employer who is using the Temporary Foreign Worker Program in Canada you will not want to miss this episode of the Canadian Immigration Podcast. Whether you are a new employer looking to access the TFWP for the first time, or a long term benefactor of temporary foreign workers, you have got to listen to what immigration lawyer Betsy Kane has to say about the Foreign Worker Program and the dangers and pitfalls that exist as a result of the government’s Employer Compliance measures. Although focused on the Canadian employer, this episode can benefit anyone who is dealing with hiring foreign workers and the steps that need to be taken to protect your company in the event ESDC’s Integrity Service Branch Officers come a calling.

In this episode of the Canadian Immigration Podcast Senior Practitioner, Betsy Kane, joins us for a conversation on Employer Compliance and the Foreign Worker Program. Betsy has over 22 years of experience in immigration law, Betsy’s strengths lie in offering corporate immigration representation to employers and international employees. 

I was in awe of the knowledge and information that Betsy revealed during our conversation on the Foreign Worker Program and the Employer Compliance Review (ECR) process. In this episode she shared some of the struggles her clients have had navigating the painful ECR process. Betsy took us through the inspection process in detail and provided us with amazing insight into the traps employers can fall into without even recognizing that it is happening.

Although I say this in the show notes of virtually every Podcast I release, Betsy really knocked this one out of the park. You are not going to get this level of insight and in depth analysis anywhere else. She completely pulled the curtain back on the crazy world of Employer Compliance in Canada and offered some amazing strategies for dealing with the awful process…when our clients get the dreaded call and followup letter from the Integrity Services Officer.

In my interview with Betsy, we cover the following areas:

• Employer Compliance Review process
• What it is like for an employer to go through an ECR
• Strategies for navigating the process and tips for reducing risk
• Essential documentation to be retained during the process
• The pros and cons of voluntary disclosure of non-compliance
• Amazing war stories that you will not want to miss

[Tweet “Are you being hijacked by the ECR process in Canada?“]

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.

4:32 -Who is Betsy Kane

9:52 -How she got into immigration

13:37 -Why lawyers leave the profession

15:15- Background on the Canadian Employer Compliance Process

21:20- A fantastic war story about a Blacklisted Client

26:21- Flow of hiring

31:00- Why you need to maintain proper records

34:11- How does an Employer know when an ECR has been triggered

41:20- How immigration law has become aggressive

43:00- Tips for employers in navigating the process

46:00- Voluntary disclosure

58:30 – How to locate Betsy Kane –contact@capellekane.com

Additional Resources:

• The best way to reach Betsy Kane: contact@capellekane.com
• Capelle Kane Immigration Lawyers: http://www.capellekane.com/ 
• Call the office: 613-230-7070
• Employer Compliance Review and ESDC Inspection document checklist 

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

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

CIP S1 E22: Podcast Show Notes – Betsy Kane- Employer Compliance Review and Foreign Worker Program

Betsy Kane is a senior practitioner in the field of Canadian immigration law with a reputation for providing practical and strategic advice. With over 22 years of experience, Betsy’s strengths lie in offering corporate immigration representation to employers and international employees

In this episode of the Canadian immigration podcast we discussed the Foreign Worker Program and Employer Compliance Review and some of the struggles with the process. If you are an employer or representative the unique perspective that Betsy offers is extremely useful. Some of the specific areas covered include:

• Employer Compliance Review process
• What is it like for an employer to go through an ECR
• Strategies for navigating the process and tips
• Documentation to be kept during the process
• Voluntary Disclosure

[/spoiler]

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This is the fourth and final blog in a 4 Part series that examines the TFWP in depth and proposes why Express Entry is the solution for all that ails the TFWP. Read, comment, criticize or praise. The purpose of this blog is to create dialogue.

Transitioning from reliance on the TFWP to adopting Express Entry is not a stretch. 

Currently, any candidate with an LMIA support Job Offer is virtually guaranteed to be drawn from the Express Entry pool and receive an Invitation to Apply for permanent resident status in Canada. One of the primary purposes of Express Entry is to ensure that special priority is given to candidates that fill labour shortages in the country.

Whether you are a Rocket Scientist or a Food Service Supervisor, if your job offer from a Canadian employer is supported by an LMIA, your chances of obtaining permanent resident status in Canada skyrockets. Regardless of your occupation, provided it is considered to be “skilled work” you have an equal opportunity at the golden ticket to permanent resident status.

For many foreign nationals seeking to immigrate to Canada from countries where economic opportunity is limited, finding an employer willing to obtain a Permanent Labour Market Impact Assessment (PLMIA) is a lot like the experience of Charlie in the Warner Bros. movie “Charlie and the Chocolate Factory.” Finding an employer with a PLMIA supported job offer is like Charlie finding that last “golden ticket” in his Wonka Bar.

Currently, the golden ticket route requires an employer to show there are no Canadians or permanent residents of Canada available to fill the position before the LMIA can be granted. In essence, the government has superimposed the TFWP requirements on the Express Entry regime and given special priority to these candidates by awarding them a whopping 600 out of the maximum 1200 CRS points for their super charged Job Offer. With ITAs being granted consistently to candidates below 600 points, the government has sent a message that any skilled worker seeking to immigrate to Canada is welcomed with open arms if they can show their arrival in Canada is not going to cause a Canadian to lose an opportunity for work.

Some may say this transposition of the TFWP onto the Express Entry regime is a bad thing.

However, I believe it actually opens the doors wide open for Express Entry to truly replace the TFWP as the primary option for employers.

The only challenge is that the government is going to need to create some incentives for employers to “choose” Express Entry over the TFWP.

Why?

Because it is very clear that “bad employers” will not want to part with the TFWP easily. After all, if they bring in a foreign worker under the TFWP, they control that worker. If that worker comes in as a permanent resident of Canada, they are a “free agent” and the employer has no more power over them than any other Canadian employee.

I believe it is for this exact reason that the Express Entry system is the answer when it comes to all that is wrong with the TFWP. However, let me start by explaining what permanent resident status means to each of the stakeholders involved (foreign workers, employers, and finally the government)

Express Entry – What’s in it for the foreign national?

It means labour mobility – the ability to work “condition free” anywhere in Canada pursuant to section 6 of the Charter of Rights and Freedoms.

It means the foreign worker is no longer tied to an employer unless “they” want to continue working for them.

It means their future in Canada is not determined by their ability to keep their employer happy.

It means no more exploitation of the vulnerable – if an employer treats you like garbage, you move on to another employer.

It means they as  newly landed permanent residents are free to enjoy virtually every benefit a Canadian citizen enjoys except the right to vote.

Simply put….it means no more abuse at the hands of bad employers. And what foreign national would not jump at the chance to have control over the lives and their future in Canada. To no longer have to feel trapped in a job because it is the only means for them to be able to continue providing for their families back home…and most importantly, the only means by which they can obtain permanent resident status in Canada.

Express Entry – What’s in it for the good employers?

Clearly the Express Entry process is pretty awesome for a newly landed permanent resident of Canada; however, what’s really in for the good employers? I just want to remind you that there is nothing attractive about Express Entry to “bad employers.” It undermine their position of power and forces them to have to work to keep their employees.

Employers complain that if they put in the time and resources to bring someone here as a permanent resident of Canada, there is no guarantee they will stay with them. My response, to this concern is:

“then create an atmosphere in which they want to stay”

In the old TFWP system, the bad employers were rewarded because they didn’t have to be good. They knew the foreign workers were tied to them for as long as they could drag things out until they obtained permanent resident status. This would not be the case in the new world of Express Entry because:

“bad employers are punished for being bad employers.”

And who punishes them?

Not the government. Not the Integrity Services Branch Officers of ESDC.

The market does.

If a bad employer tries to treat their new PR like they did within the TFWP, the new PR will not last a month with that employer. They will move on to greener pastures where they are treated better….

…better wages, better working conditions, and better opportunities with better employers….good employers!

For years we have listened to the President of the Alberta Federation of Labour, Gil McGown slag the TFWP. One of his chief gripes was the perceived downward pressure on wages. When a foreign sourced worker comes through the Express Entry regime with an official Express Entry Job Offer, wages are no longer an issue. The market will dictate what that new PR will get paid.

Yes, I know that the LMIAs that support these Express Entry Job Offers are approved at the prevailing wage. However, once a foreign national becomes a permanent resident of Canada, the conditions imposed through the LMIA are unenforceable against the employer and the new PR.

So theoretically, much to Gil’s chagrin, an employer could pay the newly arrived PR minimum wage if not otherwise governed by a collective agreement.

However, the reality is that very few new PRs would put up with that for long. The market would make the correction because these new PRs are free to explore every opportunity available to them. And that includes telling an abusive, underpaying, bad employer to take a hike.

See…..good loyal workers are not easy to find these days and with complete labour mobility, the new PR would likely have no trouble finding a new job that paid more. So if bad employers are not able to keep these newly hired PRs at the low wages they are offering, guess what happens?

Surprise, surprise…..wages go up!

And if bad employers are unable to keep their newly recruited PRs, and presumably unable to entice Canadians to work for them, guess what happens to bad employers?

They are put out of business.

I can not see any scenario where shutting down bad employers is harmful for our economy.

Bad employers are inevitably replaced by good employers. Employers who treat their workers with respect and in turn earn their loyalty. Loyal employees care about their jobs and are far more productive than those who are simply showing up to collect their pay cheque. Good employers are rewarded for being good employers because they no longer have to compete against bad employers that grind their profits out of their employees through oppression, abuse and exploitation.

Now what good employer doesn’t like a level playing field?

Express Entry – What’s in it for the Government

But a level playing field only benefits the employers. What about the government? Why does it makes sense for the government to entice employers to use Express Entry over the TFWP?

Remember what I said about the dog barking and barking, but never biting?

Well……with Express Entry as the primary tool for meeting our labour shortages, why do we even need a guard dog in the first place?

If foreign nationals are coming to fill jobs in Canada through Express Entry, they come as permanent residents. The entire need for a robust enforcement regime completely washes away. Each of these newly landed PRs are strategically serving the dual purpose of filling current labour shortages as well as counting towards our annual immigration levels planning targets.

The government was going to be bringing these folks in under one economic category or another anyways, so we might as well get rid of the pain and suffering that accompanies the TFWP and bypass the middle man by recruiting them directly into PR status.

Think of the millions of dollars that have been wasted on the enforcement arm of the TFWP. I am not going to rehash all of the reasons I gave previously for its ineffectiveness and misguided priorities. Suffice it to say that if foreign workers were instead brought in directly as PRs, there would be no need for a naughty list, employer compliance reviews, inspections, monetary penalty regimes, an online fraud reporting tool, or even a robust Integrity Services Branch.

As a side note, Immigration lawyer, Betsy Kane, of Capelle Kane Immigration Lawyers in Ottawa, prepared a great blog on the Employer Compliance Review process and provided an ESDC Inspection Document Checklist that is a great resource for assisting employers going through an inspection. So if you are an employer currently going through an inspection, definitely check out this blog.

Each province in Canada has their own Employment Standard Branch, so the position of Integrity Services Officer with ESDC becomes almost redundant. I wonder if the Canada Revenue Agency would be able to give these officers their jobs back if these positions became obsolete?

Imagine what Canada would be like if the Minister of Employment, Workforce Development and Labour, The Honourable MaryAnn Mihychuk, could forget about the TFWP and instead focus all of her energies on the top priorities set out in her Ministerial Mandate Letter from Prime Minister Trudeau.

As she undergoes her current review of the TFWP, I am not surprised that she has been somewhat vocal in her desire to simply scrap the whole thing. Prime Minister Trudeau gave her a very clear mandate on what she was expected to accomplish within her portfolio. Noticeably, overhauling the TFWP was not on her list.

One of my colleagues made one of the best suggestions I have heard in a long time. She suggested that given Minister Mihychuk’s mandate, the TFWP is likely better suited to be slotted within the mandate of Minister John McCallum and his Department of Immigration, Refugees and Citizenship Canada than within her portfolio of Employment, Workforce Development and Labour.

I couldn’t agree more…..and suspect both Ministers would likely not disagree either.

One huge problem – Express Entry is not open to low skill workers

However, there is one critical component to the entire Express Entry discussion that must be addressed. Only “skilled workers” are current eligible to participate in Express Entry.

So all of my wonderful eloquence regarding the virtues of Express Entry in protecting the vulnerable, punishing the bad employers and saving the government millions of dollars in their feeble attempts to enforce the TFWP are all pretty much useless unless low skill workers are somehow accommodated within the Express Entry regime.

Under the Express Entry system, the only pathways to PR are through the Federal Skilled Worker Program, the Canadian Experience Class, the Federal Skilled Trade Program, or a participating Provincial Nominee Program. None of these programs contemplates someone with only low skill work experience. As such, a new set of criteria would have to be created and tailored specifically to low skill workers with LMIA supported Job Offers.

If I tried to provide a comprehensive overview of what a low skill Express Entry program could look like, this blog would likely break all records for blog length and result in no one reading it. It’s likely many people have already given up before we got to the good stuff.

However, as I stated previously, my goal in writing this blog is to stimulate discussion.

I am going to set out below two simple suggestions that if considered, could contribute to a system that may just work for all stakeholders. If you like these suggestions, then let me know. If you have alternative ideas that you would like to share, leave a comment below, or better yet, leave me a digital voice message by clicking on the “Ask an Immigration Question” on the right side bar of the CanadianImmigrationPodcast.com website.

There is nothing better than an open source think tank for resolving the difficult issues of the day. So don’t be afraid to sound off. This should be fun. For any of you daring enough to leave a voice message, I will select the best ones and share them with everyone on a Podcast Episode I intend to dedicate entirely to this topic.

Maybe I could get Minister Mihychuk to join me to discuss her thoughts on the topic as well. (Yes I know there is about a .00001% chance of that happening).

Here are my two suggested strategies for replacing the Low Skill TFWP with the Express Entry system.

1. First look to the Provincial Nominee Programs to accommodate low skill workers through special Express Entry Streams

Some of our Provincial Nominee Programs have experience administering low skill (semi-skill) streams that are driven by employers. These programs are traditionally focused on transitioning low skill foreign workers into PR status (TFW flips) when they have gained a certain amount of work experience in that province. However, with some encouragement from the Feds, some Provinces may be willing to work with industries experiencing low skill shortages to issue nominations that are specifically designed for the fast track Express Entry process.

One point of contention has always rested with the number of nominations granted to a Province each year. For Provinces such as Alberta where low skill foreign workers have formed a significant portion of the AINPs annual quotas, any discuss about the 5500 current allocations going to Express Entry has been met with considerable resistance. However, by allocating additional nominations to the AINP for the sole purpose of a Low Skill Express Entry program – this may just be something Brad Trefan, Director of the AINP just might be willing to entertain.

In fact, the AINP has already experimented with an Alberta Experience Class that opened the door for any low skill worker with Alberta work experience to qualify for nomination provided they had a sufficient level of English language ability.

This option is entirely doable if the PNPs were granted additional allocations for this purpose. However, I’m just not sure whether or not Minister McCallum would be willing to do so. In previous speaking engagements he has reiterated that immigration is a Federal program and he is reluctant to allocate additional nominations to the provinces when they already form a sizeable portion of the economic immigration quota. In Season 1 Episode 13 of the Canadian Immigration Podcast, I shared some of the highlights from Minister McCallum’s speech to the National Immigration Section of the Canadian Bar Association at our annual conference held in Vancouver this year. Minister McCallum was pretty clear that no additional allocations to the PNPs would be coming anytime soon!

2. Create a Federal Low Skilled Worker Program (FLSWP) within Express Entry

There is nothing preventing the government from creating a program similar in kind to the Federal Skilled Worker Program where PLMIA supported Job Offers are a prerequisite to eligibility. In order to ensure candidates have the greatest chance of success upon arriving in Canada, a separate FLSWP selection grid could be created to target candidates with human capital factors ideally situated to success within the program (language, age, education, and work experience).

Further, in order to ensure employers do not waste time obtaining PLMIAs for candidates that do not meet the minimum threshold for the FLSWP, some form of mandatory mechanism could be put in place to ensure that candidates are pre-approved for the FLSWP before an employer can start the PLMIA process.

Now if only there was some form of “government sponsored employer/ employee matching service” that could be used to connect pre-approved candidates with Canadian employers.

Oh that’s right…..there already is an e-Harmony for employers and employees right under our noses. Maybe the FLSWP could actually bring life into the Job Match system that has turned out to be a wholly ineffective tool for matching employers with employees.

Closing comments and tying off loose ends

I don’t want the TFWP shut down for skilled workers, just low skilled

Despite my souring on the TFWP, I want it to be known that I am not calling for a complete shut down of the TFWP. I feel that it has a vital role to play within the ranks of skilled workers including specialized technicians and service providers, professionals, and most importantly senior managers and executive level positions.

However, I will go on the record by stating that I would not have a problem if the low skilled (low wage) program was axed in favour of a direct pathway to permanent residence for these foreign nationals filling low wage positions.

I honestly believe it would be good for our economy and good for our country generally. Especially if the PLMIA regime continued to ensure these low skill candidates are filling positions that Canadians simply do not want to work in.

The only exception I see to scrapping the low skill program is the Seasonal Agricultural Worker Program (SAWP) which really kick started the entire low skill program in the first place. I am not sure how else to manage the needs of agriculture without retaining this program. However, with all of the new found time Integrity Service Branch Officers should have on their hands, they could allocate this time to conducting site visits on the farms to truly make sure these employers are behaving themselves.

If Minister Mihychuk scraps the TFWP altogether, expand the IMP to accommodate

I also want to go on record by stating that if the TFWP were to be scrapped entirely, then all of these skilled positions need to be accommodated within the International Mobility Program (IMP).

The Significant Benefit (C10) category could be expanded to include a broader definition of significant benefit. Further, for specialized service providers, owner/operators and other unique situations, it would not take much to accommodate for them within the IMP as well.

However, for all other skilled workers, the answer is simple.

Encourage employers to recruit foreign nationals to fill areas of critical skill shortage through the Express Entry system.

The employer has to go through the same LMIA process regardless of bringing the foreign national in as a foreign worker or a permanent resident. All of my arguments for doing so support this natural conclusion. I am also pleased to know that Minister McCallum also supports this conclusion as outlined in previous blogs.

Ultimately, only time will tell what the latest overhaul to the TFWP will look like. With any luck, the government will read this blog, examine the numerous comments that will most assuredly be left below and develop a solution that solves everyone’s concerns

……..as long as that solution is Express Entry.

….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.

By now, most people are fully aware of the fact that the Temporary Foreign Worker Program is once again facing a whole new review by Minister Mihychuk and the Liberal government. Some say that Minister Mihychuk is ready to scrap the whole thing. Others say the Minister may actually use what is learned from these consultations to reshape the TFWP in a positive way.

Regardless of which rumour is true, one thing is certain…..Overhaul deja vu is on its way.

Not surprisingly, I am yet to receive an invitation to appear before the HUMA Standing Committee charged with the responsibility of conducting the TFWP review.

I am not an industry leader. I am not the head of a large corporation. I am not someone of influence the government would really even pay attention to.

However, like other Canadian immigration lawyers who have earned a living providing advice to companies and foreign workers whose businesses and lives depended upon the program, I figure I might just have something to offer.

So what better way to get my message heard than to write a blog.

The blog itself kind of got away from me a little. Because of this, I have chosen to break it down into a series of blogs that I hope will add a different perspective  to the whole discussion.

I’m not exactly sure how this series of blogs will unfold. However, I want everyone to understand that the time I took in drafting this was designed purely for the purposes of stimulating discussion and hopefully gaining the ear of the HUMA Standing Committee as well as Minister Mihychuk and Minister McCallum who are both inextricably intertwined with the TFWP and the solution going forward.

So the best thing in the world people can do when they read this blog is to leave a comment below and tell everyone what they think.

Express Entry is the Solution

Regardless of what Minister Mihychuk ultimately chooses to do with the TFWP, I think the future of Canada’s labour shortage challenges rests not in the TFWP, but actually in the Express Entry regime.

Despite the downturn in the economy in Canada, Canadian employers continue to experience skilled and unskilled labour shortages in many industries and regions. Employers have relied heavily on the Temporary Foreign Worker Program (TFWP) to source foreign workers when local Canadians and permanent residents are unwilling, or unavailable to fill these positions.

Currently, employers experiencing labour shortages first turn to the TFWP, then the Provincial Nominee Programs and lastly the Express Entry regime. IRCC Minister John McCallum has indicated that he would like to see the reverse of this with Express Entry as the first choice for employers and the TFWP being the option of last resort.

As an immigration lawyer who has spent his entire career working with Canadian employers to access the TFWP to source foreign workers (at all wage levels), I have to admit that I actually agree with our Liberal Minister. Taking into consideration the collective needs of all stakeholders, Express Entry is by far a better solution than the TFWP.

Now let me clarify a few things before I cause any concern amongst my fellow Board Members on the Conservative EDA in Lethbridge, Alberta…..I am definitely not trading in my blue shirt for a red one. I want to reassure you and our esteemed MP Rachael Harder that I am still batting for the Right team (pun intended).

So without wasting any more time with my windup, here is the pitch…

History of the Temporary Foreign Worker Program

But before I dive right into my rational, let me start with a little history lesson on the TFWP to provide some context for those of you coming late to the game.

Over the past ten years, statistics have shown that the use of the TFWP has mirrored the Province of Alberta’s boom and bust cycle. In the early to mid 2000s, the TFWP was heralded as the saviour to Alberta and the rest of the country’s critical labour shortage needs. With unemployment rates remaining below 4% from 2005 to 2008 (3% in October 2006), my then 11 year old daughter could have applied for a Labour Market Opinion (now rebranded as a Labour Market Impact Assessment) and obtained an approval.

The role of Service Canada was that of a facilitator during the boom and definitely not the gatekeeper we know them to be today. Employers struggling to complete the LMO application forms in Alberta could contact Service Canada and the officers  would go so far as to almost fill out the forms for the employers.  They would explain exactly what the employer needed to do to obtain an approval and if the employer still got it wrong, would give them chance after chance until they finally got it right. After all, it was common knowledge that labour shortages existed across all industries.

It didn’t take long for industries like food service and hospitality to jump on board. In fact, they did more than jump on board – they built an entire fleet of ships to take full advantage of the TFWP. Franchises started reworking their human resource model to take advantage of the TFWP.

It wasn’t long before the greater portion of our fast food restaurants and hotel chains were staffed almost entirely with foreign workers…..and who could blame them? As a business owner, what scenario would you rather have….10 casual Canadian employees that may or may not show up for their shifts each day, or 3 full time foreign workers that you could count on to work  their tails off each day and considered it a privilege to even have a job.

Unfortunately, in an effort to ensure that the foreign workers were not taking away jobs from Canadians, extreme restrictions were placed on the terms of employment creating a terrible power imbalance for the employer.  Now I understand why ESDC did what it did. However, the power imbalance that traditionally exists between any employer and its employees is magnified 100 fold within the low-skill (low wage) program of the TFWP.

NOTE: For the purposes of this blog, I intend to use the term “low-skill” instead of “low wage” because it more properly correlates with IRCCs consistent reference to “skilled workers” within the Immigration and Refugee Protection Act and its regs.

Exploitation and abuse of low skill foreign workers

Foreign workers working in low skill (low wage) positions are particularly vulnerable to exploitation and abuse.  Let me explain why.

Foreign workers working in Canada on an LMO/LMIA based work permit are typically authorized to work for only one employer, at a specific location, in a specific position, for a set wage. Any variation to these conditions would be considered unauthorized work for the foreign worker and trigger potential remove from Canada. Employers could be found non-compliant and subject to sanction.

In the height of the boom, the government was more focused on meeting the significant labour demands of Canadian employers versus checking up to see if employers were actually following the rules and treating their foreign workers fairly.

Because foreign workers were generally not aware of the seriousness of the employment conditions imposed by the government, some nasty employers took full advantage of them.

Some classic examples of exploitation included requiring the workers to work 18 hour days, 7 days a week, with no overtime. In some cases truly nasty employers  required their low skill foreign workers to pay back, in cash, the difference between what the LMIA required the employer to pay and what the employer really wanted to pay the foreign worker. By requiring “cash back”, the employer was able to maintain payroll records that complied with the terms of the LMIA in case they were ever audited during an Employer Compliance Review (ECR).

….yes this did happen….and far too frequently.

Now don’t get me wrong. I am definitely not saying that all employers treat their foreign workers like indentured servants. They absolutely do not….I and many of my colleagues act for and work as in-house counsel for many wonderful employers that treat their foreign workers like family and do all they can to help them in their journey to become permanent residents of Canada.

Significant non-compliance does occurs within the low skill program

From my experience, the percentage of non-compliant employers within the ranks of the low skill program was, and still is, significant.

Some may say….you can’ t know that for sure. This may be true. However, I believe that the sample size of interactions I have had with employers and foreign workers within the TFWP gives me just as much of a platform to make these statements as those who disagree with me.

As an immigration lawyer, anyone who speaks with me benefits from solicitor client privilege. Because of that, foreign workers are much more willing to tell me when the rules are being broken because they know I can not share this information with anyone else.

I have had a steady stream of low skill foreign workers coming to my office for assistance, but in almost every single case, they refused to go to the authorities about the abuse they were suffering. Some days I wish I wasn’t a lawyer subject to “solicitor client privilege” because then I could have taken action independently by leave anonymous little messages on the Online Immigration Fraud Reporting Tool.

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 in Part 2 of my blog exactly why I feel Express Entry is the solution.

Part 2 will be released tomorrow…..

Have you ever wondered what drives the policy decisions made by the Department of Immigration, Refugees and Citizenship Canada (IRCC)? Or maybe you just want a better idea as to the direction the Department is planning on heading in the coming year? Well look no further than the 2016/2017 Annual Report on Plans and Priorities for the Department of Immigration, Refugees and Citizenship Canada.

In this post, I am going to share my thoughts on where I feel IRCC is headed in 2016 based on what has been shared within the Report. Because I am in a giving mood, I am going to provide a breakdown of the most important aspects of the Report so that you can save time doing more important things with your life ….

….like watching Heartland.

It’s definitely one of my family’s favourite television shows. One day I’m going to move out into the country, chase cows on my Quarter Horse and never pick up another government report in my life. Alas, that won’t likely be for another 20 years.

In this blog I’ve done the work for you. No need to read the Report. Spend 5 minutes reading my summary and you will be able to sound really intelligent as you wow your friends with incredible insights into the amazingly unpredictable and constantly changing world of Canadian Immigration.

Minister’s Message

In this Report, there has been a very clear attempt by Minister John McCallum and his department to distance themselves from the somewhat detached and economically fixed policies of the Conservatives to a more humanitarian and compassionate approach to immigration planning and priorities. At the forefront of these priorities is the reunification of families and the re-establishment of Canada as a welcoming place for refugees.

Aside from the fact the Report allocates an overwhelming 45% of the annual immigration budget to newcomer settlement and integration, I think the best indicator of the mindset of Minister McCallum can be found in the following statement within the Minister’s Message:

As Canada’s Minister of Immigration, Refugees and Citizenship, I am confident that the plans and priorities described in this report will support the Government of Canada’s commitment to building a strong immigration system that is grounded in compassion and economic opportunity for all, while continuing to protect the health and security of all Canadians.

New Commitments

This infusion of compassion can be clearly seen within the following new commitments that are to be, for the most part, implemented by March 2017:

• restoration of the Interim Federal Health Program Benefits;
• restoration of the age of dependants back to 22 from 19;
• re-examination of the 2 year conditional PR for sponsored spouses
• modification of the Express Entry process to give applicants with Canadian siblings a greater chance of qualifying (I suspect they will likely accomplish this by adjusting the Comprehensive Ranking System (CRS) to allocate additional points to candidates with Canadian siblings); and
• removal of the $1000 LMIA application fee for families seeking to hire caregivers for family members with physical or mental disabilities.

Ongoing Commitments

The Liberals also intend to continue forward with the following initiatives previously announced:

• repeal of Citizenship Act provisions that are unfair to certain Canadians and permanent residents;
• reduction of processing times of Citizenship applications, and family sponsorship; and
• review of visa requirements for some countries (e.g. Mexico)

What to look for within Economic Immigration

In short – not much change.

On the economic front, the Liberals do not seem to have nearly the appetite to work on these programs as they do within the family and refugee classes. There was very little within the report to suggest anything will change for international students or many temporary foreign works who were hit the hardest by the release of Express Entry in 2015.

There was token lip service to the value of each of these groups within Canadian immigration policy, but in the end, nothing was done to address the significant barriers they face in qualifying for permanent resident status in Canada.  Prior to the implementation of Express Entry, most Post Grad Work Permit Holders had clear pathways to PR status in Canada. This has now all changed. Only the elite within the ranks of PGWP holders will ever be able to qualify for PR in Canada…unless something is done.

The Report seems to acknowledge this fact where it quietly acknowledges that only:

“Some PGWP holders will also be eligible to apply for permanent residence through the Canadian Experience Class or other programs.”

In another section, temporary foreign workers and international students are once again given a lukewarm endorsement regarding their importance within the Liberal’s immigration plan:

“Some temporary workers and international students represent a key talent pool to be retained as immigrants.”

The above statement sends a very clear message that most TFWs and International Students are simply not needed, nor wanted as permanent residents of Canada.

Many international students were hoping to see some modifications to the Express Entry Comprehensive Ranking System so as to award International Graduates with extra CRS points for having graduated with a Canadian post secondary educational credential. Unfortunately, the Report is completely silent on this important issue.

When it comes to the Temporary Foreign Worker Program in Canada, less emphasis has been placed on the transition of TFWs to PR status while much more emphasis has now been placed on employer compliance and the implementation of the new Administrative Monetary Penalty (AMP) regime.

After all is said and done, it is hard for me not to believe that the whole AMP regime is, once again, nothing more than a scare tactic for employers.

Although it is easy to see how an AMP regime could help to increase employer compliance, if the government had simply enforced the program in existence back in 2011, many of these measures would likely not have been necessary today.

International Experience Class

Some additional changes are expected to occur within the International Experience Class. Processing of IEC applications may no longer be first in, first out, but likely follow the path of Express Entry and require candidates to be drawn from a pool and given an Invitation to Apply for a work permit. So for those of you who are rushing to get your working holiday work permit applications processed for the summer, getting your application submitted first may not necessarily result in you getting a Canadian work permit.

Lifting of Visa Requirements for Mexico

The Liberals have also been promising for some time now that they intend to remove the visa restrictions for citizens of Mexico, and other countries. Well, this has once again been alluded to within this Report. I must admit that I am a little curious as to which other countries the government is contemplating opening our borders to. If only they could work out the issues stalling out the Free Trade negotiations with the European Union and Asia.

Softening of the Ruthless Approach to Application Processing

Finally, for all of you who have been languishing in the darkest abyss because of the downright ruthless approach IRCC has taken with respect to the processing of immigration applications – there may be some light in the horizon. One of the ongoing priorities outlined in the Report is “Enhancing Service Excellence.”

Now doesn’t that just sound wonderful?

With IRCC’s downright cruel “one touch” policy to the processing of applications, the following list of planned initiatives provides some clarity as to what they have in mind:

• easy, efficient, timely services to increase international competitiveness
• a continued push to online filing
• increased communication with clients
• a file process that is simplified and automated.

I’m all for automation, communication and simplification; however, with IRCC’s current approach, I have serious reservations as to whether or not “compassion” will ever find a place within the adjudication of economic class applications.

My hope is that this new Immigration Plan will be able to achieve its purpose by creating an immigration system that “balances compassion with economic opportunity” and provides equal chance at immigration for temporary foreign workers, international students, family members and refugees alike.

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Explore Additional Resources

• Report on Plans and Priorities 2016-2017: http://www.cic.gc.ca/english/resources/publications/rpp/2016-2017/index.asp#a1.2.4

Upcoming speaking engagements you might like to attend

I will be speaking at the follow upcoming events. If you would like to register, please click on the banner below for further information. Let me know if you will be attending as I would love to meet you in person.

• April 8, 2016 – Express Entry Part II – 4:00pm – 5:15pm

Question for our Next Podcast

Ask Mark an Immigration Question

I answer questions periodically 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. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

If you found this blog helpful, I’m sure you will love my Podcast. Check it out and if you have time, 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

In this blog, I will share some thoughts on recent trends at the Canadian border. It is clear to see that a culture of enforcement is overshadowing the previous culture of facilitation.

Shift away from facilitation at the POEs

As a Canadian Business Immigration Lawyer who practices cross-border immigration law, I have increasingly seen a cultural shift away from facilitation to a much more enforcement minded approach by officers at Canadian ports of entry when adjudicating the entry of business personnel.

It is absolutely critical that anyone seeking entry to Canada for business purposes have all of their documents in order well in advance of their entry date. I can not tell you how often I receive calls from individuals who have been refused at the port of entry because the officer felt they did not have all of the essential documentation to support their entry.

So why is it becoming so difficult to enter Canada as a business visitor or obtain a work permit at Canadian ports of entry?

I believe there are three possible reasons that can offer some insight into answering this question.

1. There are fewer legacy immigration officers working on the Canadian ports of entry.

When I worked on the border as an immigration officer, there was a clear separation between the roles of the customs officers who dealt with the importation of goods, and the immigration officers who handled issues associated with the entry of people. Although I am somewhat biased, Immigration officers tended to follow a culture of facilitation as compared with a Customs approach that was more enforcement minded. Generally speaking, Immigration officers would often go out of their way to assist foreign nationals seeking entry to Canada, provided the individual was honest and the purpose of their entry was genuine.

In today’s cross-border world, the entry of both goods and people into this country is handled by one government body, the Canada Border Services Agency (CBSA). When the CBSA was created, all Canada Customs officers and Citizenship and Immigration Canada officers working at the ports of entry were placed under the direction of the CBSA. Customs and Immigration officers are now referred to as Border Services officers (BSOs). The CBSA was created in many respects as a response to 911 and perceived weaknesses within Canada’s national security. It is reasonable to expect that the culture of the CBSA would need to be somewhat more enforcement minded to enhance the security of Canada’s borders.

Initially, the more senior legacy immigration officers played a significant role in the transition period as Customs officers learned the basics of the immigration system. Junior and less experienced BSOs were able to rely on the vast experience of the senior immigration officers when dealing with the entry of business personnel and the complex immigration rules and regulations associated with the adjudication of related applications. However, with any organization, if you take away areas of specialization and make everyone generalists, it is virtually impossible to retain expertise in any of the more complex areas.

2. The economic downturn and resultant increase in unemployment in Canada has lead to a more protectionist attitude at many ports of entry.

As the unemployment ranks swell within Canada, it is becoming much more difficult for Canadian employer’s to obtain labour market impact assessments to support both the obtaining and extensions of work permits for skilled personnel. Fortunately, from an immigration lawyer standpoint, there are a number of LMIA exempt work permit categories to facilitate the entry of foreign skilled personnel and intra-company transferees that do not involve the testing of the local labour market.

Many of these LMIA exempt work permit applications are adjudicated directly at the ports of entry by the BSOs. From a strict interpretation of the immigration policy manuals, the officers are not to look into whether these skilled professionals are taking away a job from a Canadian. The perceived economic benefits flowing to Canada from the reciprocal nature of these work permit categories is seen as offsetting any negative impact on Canada’s labour market.

However, there is considerable discretion granted to the BSOs when adjudicating these LMIA exempt work permit applications. These BSOs are human like anyone else. Many of them have family and friends who are currently unemployed due to the economic recession. It would be very difficult to remain unbiased when adjudicating a work permit application for a foreign national that is being brought into Canada to fill a position that, in the mind of the BSO, could be filled by Canadians they know. Although I am definitely not saying that BSOs are looking for reasons to refuse entry to business visitors and those seeking LMO exempt work permits, there does appear to be a higher rate of refusals on difficult applications that would have been approved without question in the past.

In order to increase your chances of success with border applications, it will be increasingly important to know the culture of the port of entry to which you are seeking entry. Choosing the wrong port of entry can be fatal regardless of the strength of your application.

3. Recent amendments to LMIA exempt work permit requirements has made it more difficult to qualify for these work permits.

The Foreign Worker policy manual has been continually revised over the past few years. Each revision appears to add a new layer of restriction to those who may qualify for LMIA exempt work permits. Largely these changes arise as a result of perceived abuses to the various work permit categories.

Because of the constant changes to these categories, you can not rely upon past practice as an indicator of future success. Just because the information and documentation you prepared in the past worked just fine in securing an initial work permit, does not mean you will have the same success using identical updated materials on a subsequent application.

I have fielded many calls from a disappointed HR Manager who thought they did not need to retain my services to assist with the renewal of an employee’s Canadian work permit because they felt they could simply update the old information I had initially prepared and submit the application on their own.

I would strongly recommend that counsel be retained to, at the very least, confirm that there have been no changes to the work permit category requirements. Alternatively, if choosing to handle the entry of cross-border personnel in-house, you would be well advised to undertake a thorough review of the immigration legislation, policies, and assorted operational bulletins to ensure that there are no new surprises.

The last thing anyone wants to experience is having their work permit refused because the application was not properly prepared in accordance with newly instituted work permit requirements. Once one refusal has been given, it becomes increasingly difficult to overturn that initial refusal. Although I would like to say in most cases there is a two strike rule when dealing with BSOs at ports of entry; the reality is that in some cases a single refusal can be fatal.

Conclusion

The challenges associated with the cross-border movement of personnel across the Canada / US border will likely not improve any time soon. As such, ongoing success will largely depend upon obtaining good advice and doing your homework.

Ultimately, I live by the following motto:

If ye are prepared, ye shall not fear…

However, even I get a little nervous travelling through the port of entry….and I was one of those officers!

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Upcoming speaking engagements you might like to attend

I will be speaking at the follow upcoming events. If you would like to register, please follow the links below for further information. Let me know if you will be attending as I would love to meet you in person.

• Canadian Institute’s Immigration and International Worker’s Forum (Oct 27-28, 2015)

Question 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

I answer questions each week 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. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

If you found this blog helpful, I’m sure you will love my Podcast. Check it out and if you have time, 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

Welcome to Season 1, Episode 4 of the Canadian Immigration Podcast. In this episode I will share with you the presentation I just gave to the Lethbridge Chapter of the Human Resource Institute of Alberta.  

This podcast is dedicated to all you Human Resource Managers out there who are looking for a great Podcast to help pass the time on your long commute into work.

By listening carefully to this podcast, you just might learn a few things about the Canadian Immigration system and do so while being entertained a little more than you would typically expect from a dry immigration law presentation. We like to have fun and that definitely plays out in the presentation.

In this podcast, I am joined by my Immigration Technical Advisor, Billie Young who shared the podium with me for about an hour. In our presentation we covered the following areas:

• Immigration in the News
• Legislative Changes – thanks to the press
• Foreign Worker Basics
• Labour Market Impact Assessments
• Express Entry
• Employer Compliance and Enforcement
• What’s on CIC’s Horizon

Click the link to download the power point slide deck for the presentation: HRIA Immigration Presentation September 23, 2015

[Tweet “Listen to Mark’s recent live presentation on immigration to the HRIA.”]

Listen to Mark Holthe’s Canadian Immigration Podcast

Explore Additional Resources

In this episode we mentioned the following resources:

• Human Resource Institute of Alberta: http://www.hria.ca
• Power Point Slide Deck:HRIA Immigration Presentation September 23, 2015

Speaking Engagements

I will be speaking at the follow upcoming events. If you would like to register, please follow the links below for further information. Let me know if you will be attending as I would love to meet you in person.

• Canadian Institute’s Immigration and International Worker’s Forum (Oct 27-28, 2015)

Question for our Next Podcast

Read the Transcript

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

Welcome to the Canadian Immigration Podcast, Season 1, Episode 4.

Today is a special episode of the Canadian Immigration Podcast. You will notice on my website that I did not produce a blog filled with tons of practical information. I do not intend to apologize for that because instead I have decided to share with you what I have been working on this past week or so.

Of course, this is in addition to the blogs and other podcasts I have released……and I can’t forget the fact that I am still trying to run the immigration practice within my firm…..and keep all of those wonderful clients happy.

Well,  over the last few days, I have been spending much of my time, preparing for a presentation I gave this afternoon to members of the Lethbridge Chapter of the Human Resource Institute of Alberta.

The Human Resources Institute of Alberta (HRIA) is the professional association for human resources professionals in Alberta. With chapters in all major cities in Alberta, HRIA is the third largest HR association in Canada representing over 6,000 members.

For the last two years I have had the opportunity to speak at the annual HRIA conference held in Calgary and Edmonton on alternating years. This spring I traveled to Edmonton to speak on various immigration issues affected HR Managers in Alberta. I was fortunate to have my immigration technical advisor, Billie Young (who is an x-immigration officer with way more government experience than I), share the podium with me.

We had an absolutely fantastic time with a great group of HR professionals. It is really the highlight of my year when I get to spend time with these exceptional people. Being the Manager of Human Resources within a company can be a somewhat thankless job at times, so I have a tremendous amount of respect for what they do and their extremely professional HRIA organization.

Well, I was absolutely delighted when they asked me if I would be willing to address the Lethbridge Chapter of the HRIA and provide them with an update as to what was happening in the crazy world of immigration….well, they didn’t exactly put it that way. However, I sure did in my presentation… which was entitled “Comprehending the Incomprehensible”.

Because of the time I put into that live presentation, I was not able to produce more great content for my website. Therefore, I figured the next best thing I could do would be to share with you the presentation I gave this afternoon to the HRIA Chapter in Lethbridge. Please forgive the quality of the audio as both my videographer and sound technician were away and unable to help this audio challenged rookie.

Thanks to my Zoom H2n Handy Recorder, I was able to record the audio from the presentation and amazingly enough, it worked…….its not perfect as I was not able to capture all of the questions from the audience. And It also caught a little bit of feedback as I fumbled around the podium from time to time during the presentation.

But that’s okay, because the presentation was super fun and turned out awesome. The reason I know this is because I had the pleasure of Billie Young joining me again as she covered off the Work Permit and Labour Market Impact Assessment part of the presentation. Although she claims she gets super nervous, it didn’t show at all. As for me, I never met a mic I didn’t like.

If you are an HR or Global Mobility Manager anywhere in the world who sends people into Canada for business purposes – this podcast is for you. However, any individual or employer accessing the Temporary Foreign Worker Program in Canada will benefit from this information just as much.

As I sit here in my office tonight getting ready to queue up the presentation, before my 3 minute drive back to my home this evening, I want to dedicate this podcast to all of you HR Professionals out there, or anyone else that will be facing an excruciating hour long commute into work in the morning. I know you are out there because you work for entities just like my large corporate and institutional clients. Although immigration can be a pretty dry topic….especially  when a lawyer is doing the presenting, I think you just might be entertained and learn a few things all at the same time.

So without further adieu, I will pull up the audio from that conference so that you can have a listen. Oh, and I also wanted to remind you that you can download the slide deck of the presentation and follow along……however, not you guys that are driving….keep your eyes on the road.

[PRESENTATION AUDIO]

Well, I hope you enjoyed that presentation as much as I did giving it. In all honesty, if I could spend my entire career presenting and teaching, I would be in heaven. Having completed my bachelor of education and taught high school prior to becoming a lawyer, teaching immigration satisfies both of my passions at the same time.

I was not able to address any questions from my listeners today, so I apologize for that. However, if you do have a question, please go to my website at www.canadianimmigrationpodcast.com  and leave a question for me. I recently realized that its not that easy to leave a question on my website. I am going to make sure that we put a widget on the front page to make this easier for you.

However, in the interim, you can click on the “Contact” button at the top right section of my landing page and all the instructions you will need are found there.

Upcoming Speaking Engagements

If you liked this podcast and want to hear me speak in person, please go to the show notes and I will have a link to my next speaking engagement that will occur at the:

• Canadian Institute’s Immigration and International Worker’s Forum, on Oct 27-28, 2015 in Calgary, Alberta. Click on the register button and you will be guided through the process. I’ll be running a ½ day hands on workshop on how to file a Labour Market Impact Assessments and accompanying Work Permit as well as a traditional presentation during the conference on the scary world of Employer Compliance within the Temporary Foreign Worker Program.
• I’d love to see you there in person. So make sure you introduce yourself to me if you tuned in to this episode of the Canadian Immigration Podcast.

Question for Next Podcast

In our next Episode of the Canadian Immigration Podcast, you the listener will have the opportunity to tell me what you want to learn about Canada’s new Express Entry process for obtaining permanent resident status in Canada.

As I have indicated in previous podcasts, on November 1 of this year (less than two months away) I will be launching my Canadian Immigration DIY Guide to Express Entry. This guide will be a screen cast where I walk you through each step of the Express Entry process as if you were sitting with me in my office. It will be filled with every ounce of my and my team’s experience and knowledge navigating the frustrating Express Entry portal.

The product is still in Beta, so if you have anything you would like to see within the guide, please comment below or message me through Facebook, Twitter, LinkedIn and all the others.

Although I have a pretty good idea where the tricky parts are when attempting to submit an Express Entry Profile and PR application, I would love to get even more input from you. So please, please send your suggestions my way.

And don’t forget to like the Canadian Immigration Podcast on Facebook. I have a goal to get to 1000 likes by the end of the month. I am currently sitting at 480, so if you find the information I am providing helpful or worthwhile, please share the love with all of your friends and anyone else who you feel may benefit from what I am trying to do.

If you don’t like what I am doing, then please let me know as well. I appreciate constructive feedback every bit as much as a pat on the back. After all, I want to provide this free resources in a way that people can actually use. Otherwise, there is no point in me  wasting my time.

However, from the awesome feedback I have already received in just two weeks of my Canadian Immigration Podcast launching, I am pretty darn excited about what the future will hold. So thanks for all of your feedback and please keep it coming.

Subscribe to the Canadian Immigration Podcast

Finally, Don’t forget to subscribe to the Canadian Immigration Podcast on iTunes. If you enjoyed the show, please rate it on iTunes and write a brief review. I would love any comments or suggestions you may have to make the podcast better.

Well that should about do it for this Podcast. I look forward to my next Podcast where I will share more practical tips and information on Canadian Immigration law, policy, and practice, to help you along your way!,

This is Mark Holthe, signing off for now.

[/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

I answer questions each week 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.

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