Episode 084 of the Canadian Immigration Podcast

What this episode is about?

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

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

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

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

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

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

About today’s guest of the Canadian Immigration Podcast

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

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

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

About the host of the Canadian Immigration Podcast

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

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

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

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

About the Sponsor of the Canadian Immigration Podcast

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

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

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

Another federal election has come and gone and after the dust has settled, Canada will have a minority Liberal government. The question is…..how will this impact Canadian immigration law, policy and practice?

In this episode I invited my good friend and fellow immigration lawyer, Ravi Jain to join me to weigh in on where we think immigration policy is headed following this fall Federal election. Now that we now we will have a minority Liberal government for the next 4 years (or less), what impact will this really have on the future of Canadian immigration for us immigration lawyers, consultants and our clients?

Although Ravi and I are both serving as table officers with the National Immigration Law Section of the Canadian Bar Association, all of the view expressed in this episode are ours alone and do not reflect those of the Canadian Bar Association and the National Immigration law section. This episode is just two friends sharing our thoughts on what we feel may be in store for Canadian immigration in the coming years.

Here is what we covered:

1. Parents and Grandparents
2. Refugees
3. MPs in and out
4. Economic Immigration Programs
5. Temporary Foreign Worker Program
6. Immigration Consultants

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 your affiliate link

[Tweet “Canadian Immigration – Post Election 2019“]

Additional Resources:

• Ravi Jain Bio: https://www.gands.com/team/bio/ravi-jain
• Ravi’s Firm Website: https://www.gands.com/home
• Canadian Immigration Institute: https://canadianimmigrationinstitute.com/

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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/

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For the past 15 years, I have routinely requested that my business immigration clients provide business plans to support the various business class applications I seek on their behalf in Canada. I never gave a thought to recommending the services of a business plan writing company….that is until I learned how great an impact they can have on the approval of a business immigration application.

In this episode, I was joined by Marianella Manzur, Vice President at Joorney Business Plans who shared some great insight and opened my eyes to how outsourcing this essential component of a business immigration application can make all the difference in its success or failure.

Normally, I don’t invite 3rd party vendors to join me on my Podcast. I tend to invite other practitioners to talk about the nuts and bolts of various Canadian immigration applications. However, as I have been doing more and more business immigration application as the Canadian economy continues to rebound, the need for solid business plans has become increasingly important.

Traditionally, I have left the development of these business plans to my clients. However, I have come to realize that not all business plans are created equal. In fact, a company can put together a fantastic business plan that is extremely persuasive for securing much needed financing, but completely useless for the purposes of securing a business visa.

As a business immigration lawyer, it is essential that I am doing everything in my ability to give my client the best chance of success. As I have become increasingly aware of the significant impact a well written business plan can have on the success or failure of my client’s application, I would be borderline negligent not to introduce my clients to the possibility of outsourcing the business plan development to professionals.

Over the years I have danced around companies like Joorney Business Plans. However, it was not until recently that I truly discovered the broad scope of services they can offer to my clients… and that the costs of these services are entirely reasonable in the context of business immigration applications. In fact, they offer so much more than drafting a simple business plan.

Joorney Business Plans

Joorney is one of the leading Business Plan writing companies in the industry. They specialize in providing custom business plan writing services and market analysis. Since 2012, they have completed over 2,500 projects with expertise in 120+ industries, and they can handle communications in many different languages. They have successfully established 500 B2B partners throughout the USA and continue to grow in Canada.

With their breadth of experience across many different industries, Joorney is ideally situated to support our client’s in a variety of different areas including: consulting projects, strategic plans, investor approaches, market analysis and much more. The team at Joorney is flexible enough to adapts to the unique needs of our clients while provided extremely responsive service at competitive rates.

Joorney’s main focus is business plans for immigration. They specialize in business plans for Provincial Nominee Programs, Intra-company Transfers, Self Employed, and LMIAs. They hand all aspects of business plan development. They also provide market research for clients wanting to enter the Canadian market.

Joorney is offering a 10% discount to everyone who let’s them know they heard about them right here on the Canadian Immigration Podcast

After listening to what Marianella Manzur had to say about her company today, I can honestly say that they will become one of my go to companies for the development of business plans…..

…..tune in to this episode of the Canadian Immigration Podcast and you will understand why outsourcing the development of business plans to experts within the immigration field may be the best decision your client ever made.

In this episode we covered the following topics:

1. Introduction of Joorney – Marianella Manzur and Joorney Business Plans
2. Main Focus of Joorney:
   • Business Plans
   • Market Research
   • Feasibility Analysis
   • Financial Models
   • Idea Selection Process
3. Client Process Flow
4. Competitive Advantage

[Tweet “Why outsourcing business plan creation for immigration makes sense“]

Additional Resources:

• How to Contact Joorney Business Plans:
  • Phone: 18448298639
  • Website: www.joorney.ca
  • Marianella’s E-mail: marianella@joorney.ca
• Joorney Pricing Information: Pricing Canada Oct 2018

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The renegotiation of the North American Free Trade Agreement (NAFTA) created a fair amount of anxiety for us immigration lawyers. What would they change? Would caps be put in place on renewals? Would certain professions be removed? Would the work permit options simply be scrapped? With all of the posturing of President Trump, these were all possible outcomes. On September 30, 2018, we learned the fate that awaited NAFTA….

Fortunately, all parties were able to recognize that the free flow of business personnel was in the best interest of all three member countries. When the dust settled, Chapter 16 of the newly branded United States Mexico Canada Agreement (USMCA) was left untouched. We can expect the USMCA to become law some time in early 2020.

Most business immigration lawyers, such as myself (and our clients) let out a significant sigh of relief.

Although some of us carried faint hopes that these negotiations would provide an opportunity to update the list of professionals to include digital media occupations that didn’t exist back in 2004 when NAFTA was created. We will continue to settle for the status quo.

So now that NAFTA has not been scrapped, I want to take this opportunity to remind all of you Canadian, American, and Mexican business owners why the USMCA is so important for the movement of cross-border personnel and why it would have truly sucked to see it go.

In this episode, Billie Young an ex-immigration officer like me and member of my immigration Team here at Stringam LLP, joined me to share our “Top 5 reasons why every Canadian, American, and Mexican company will love the USMCA just as much as they did the old NAFTA“.

1. Business Visitors – working in Canada without a work permit
2. After-Sale Service Providers – service contemplated in original sales contract
3. Professionals – hands down…the best work permit option
4. Intra-company transferees – ideal for cross border transfers
5. Traders / Investors – less useful; however, can fill some gaps left by the others

[Tweet “Top 5 reasons immigration lawyers love the USMCA“]

Additional Resources:

• Mark and Billie’s firm – Stringam LLP: https://www.stringam.ca/
• If you need help with obtaining a work permit under NAFTA (USMCA) you can book a consult here: https://www.stringam.ca/immigration-mark-holthe/
• Text of the proposed United States Mexico Canada Agreement (USMCA): https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/united-states-mexico
• NAFTA (USMCA) Immigration Policy (Canada): https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/north-american.html
• NAFTA Professional’s List: https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/North-American-Free-Trade-Agreement?mvid=1&secid=8fd98e3e-4495-43a8-ba47-4a6955d6b5db#Ap1603.D.1

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional Resources:

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

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If you have enjoyed this podcast, please subscribe.

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

Are you an Alberta based foreign worker frustrated with how high the CRS has climbed for Express Entry? Are you beginning to think you will never get an ITA? If this is you, the Alberta Immigrant Nominee Program’s new Alberta Opportunity Stream may just be the solution for you. 

In this Episode I am flying solo to waste no time in demystifying the recent changes to the Alberta Immigrant Nominee Program. I love to share information about immigration that affects my dear Province of Alberta. Finally, I have something to share that is actually a pretty big deal.

The Alberta Opportunity Stream was previously announced back in 2017 with a proposed launch date of January 2018. However, there was a fairly huge push back when stakeholders realized that anyone on an open work permit was going to be left in the dust when it came to getting nominations from the Province of Alberta. Credit to Brad Trefan and the other powers that be in Edmonton – they suspended the launch of the Alberta Opportunity Stream to listen to stakeholders and make sure they got it right. The local chapter of the Canadian Bar Association was one of many stakeholders who offered their thoughts on the proposed changes.

I think Brad and the gang actually did a pretty good job at getting the balance just about right!

On June 14, 2018 the Alberta Opportunity Stream was officially launched. In this Episode of the Canadian Immigration Podcast, I share my thoughts on the changes and highlight what this new Selection Criteria is all about.

[Tweet “Alberta Opportunity Stream comes to life.“]

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Read the Transcript

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

CIP – Season 3 Episode 4 – AINP – Alberta Opportunities Stream Launched

• Second attempt – Dec 2017 originally announced changes with little stakeholder involvement
o Anyone on open work permit – excluded – including PGWP
o Huge backlash resulted in suspension of rollout
• June 14th – relaunched the new Alberta Opportunities Stream

• Lots that we do not know about the new harmonized stream; including the criteria upon which the new Express Entry stream will be based upon.

o significant connection to Alberta likely required
o Maybe somewhat similar to OINP’s Human Capital Stream – don’t know at this stage.
• So what do we know?
• Program was dominated by some sectors and some occupations:

• 6311 – Food Service Supervisors
• 6211 – Retail Sales Supervisors
• 7511 – Transport Truck Drivers
• 1241 – Administrative assistants
• 7284 – Plasterers, Drywall Installers and Finishers and Lathers
• 3421 – Retail Salespersons
• 0631 – Restaurant and Food Services Managers
• 0621 – Retail and Wholesale Trade Managers
• 6315 – Cleaning Supervisors

• Application intake and nomination guidelines may be put in place that would set the maximum number of applications accepted and nominations issued each year, as well as maximums for applications and nominations by sector and occupation. Announcements about application intake and nomination guidelines will be available on the AINP news page.

Nomination certificate limits for 2018
As of June 14, 2018, the AINP:
• is authorized to issue a maximum of 5,600 nominations for the 2018 calendar year. This limit is set by Immigration, Refugees and Citizenship Canada (IRCC)
• has issued 2,277 nomination certificates in 2018  3323 spots left
• has approximately 4,700 applications awaiting assessment for eligibility
• Even with no new applications after June 14th – there are still 1,377 more applications than nomination spots
o There will be more application submitted this year
o We have a number going in right away
o Some will get refused or otherwise found ineligible
o Safe to say a slight backlog will continue to exist.

• So what has the AINP done to “reduce” the influx? A new Selection Criteria

• Let’s take a look at the Alberta Opportunity Stream (AOS)’s new selection criteria

Alberta Opportunity Stream (AOS)

• Selection Criteria has been both expanded and constricted
• New requirements such as language, education and income will be phased in over the next three years
o These will increase as time goes on – you can check the future requirements out at the Planned AOS Criteria Changes webpage.
o

Okay, let’s dig into this new selection criteria.

1. Residency status and work permit requirements

At the time your application is postmarked and at the time the AINP assesses your application:
• Valid work permit (not implied status or restoring status) based on one of these categories:
o LMIA
o IMP WP (includes IEC, NAFTA ICTs etc.) Spousal Open WPs EXCLUDED?
o PGWP AND:
 Graduated from Alberta Advanced Education approved post secondary institution AND;
 If 1 to 2 year diploma, the credential must be on the approved Alberta Advanced Education Undergraduate credentials list
• NOTE: Bachelors, masters, doctorals just need to be from one of the approved Alberta educational institutions AND
 Current occupation must be related to your field of study in Alberta
• If graduated with eligible 1 year certificate, your current occupation must also be related to your previous undergraduate or graduate field of study outside Canada.

2. Occupation requirements

• Only eligible occupations can qualify – must be on the list AND
• Work in occupation that matches your previous work experience – we’ll discuss what this means a little later
• If PGWP holder, your occupation must be related to your field of study in Alberta
o Issues:
 What does “related to your field of study mean”? How closely related? Only time will tell.
• Will a business admin diplomas still work for filling a food service supervisor position at Dairy Queen? – Maybe?
• If PGWP holder with only one year certificate your occupation must also relate to your previous undergrad or graduate field of study outside Canada? —-

o WOW! That is super restrictive for PGWP holders with one year programs. (Basically saying….go to Express Entry and don’t burn up our AINP nomination quota)
• POSITIVE – Most 0,A,B C AND D occupations will work – but there are ineligible occupations

• Two ineligible occupations lists exist (if your occupation is on the list – can’t apply to AINP:
o AOS list – applies to everyone – if your occupation is on the list
o ESDC High wage/ Low wage Alberta LMIA refusal to process list – applies to PGWP holders only

3. English or French language requirements
• CLB 4 – for each skill until June 14, 2019 – increases to CLB5
o 3413 Nurse aides and orderlies = CLB 7
• CELPIP/IELTS/TEF – valid for 2 years

4. Education requirements

• Minimum high school  in your country until Jan 1, 2012 = AB HS equivalency required
• PGWP – AB school, on the education list

5. Work experience requirements

• You must be working in an occupation that matches your work experience at the time your application is postmarked and at the time the AINP assesses your application.

• Qualifying Work Experience:
o Min 12 months – F/T in current occupation within last 18 months OR
o Min 24 months – F/T in current occupation in Canada (overseas) within last 30 months
 Can be a combination of experience in AB, Canada and/or abroad OR
o IF PGWP holder – min 6 months – F/T in current occupation in last 18 months AND current occupation related to your field of study in Alberta
• Work experience in Qualifying Period must be:
o F/T (30 hrs/w) NOTE: P/T will not be considered
o For same occupation as your current occupation
o Obtained in legal status
o Not gained while studying or doing co-op or internship
 EXCEPTION – co-op work placement or internship as part of study program
• Paid, F/T (30 hrs)
• Directly related to current occupation
• Work experience gained in Alberta

• Additional requirements:
o Licensing, registration, certification to work in occupation
 POINT TO CONSIDER: Optional Trades may now be eligible without trade certificate – provided not on the ineligible list
o Full time job offer from Alberta employer and working for that employer
 Employer must:
• Be incorporated or registered and operating in Alberta
o Established production capability, plant or place of business AND
• Job Offer signed by both parties and must:
o Continuous paid work
o F/T – 30 hours/week min
o Employment for 12 months+
o Work in your current occupation AND
o Eligible occupation that meets work permit requirements
 LMIA, IMP or PGWP related to field of study and education
o Ineligible situations:
 P/T employees – regardless of hours
 Independent Contractors
 Business owners
 Temp agency workers
 Directors, shareholders or agents of Alberta employer on Corporate Registry System (CORES)
 working in a home=based business
 virtual employees working for AB employer “outside” Alberta.

6. Income level requirements

• must meet a minimum gross annual income level based on your “family unit” size.
• Spouse, dependent child (under 22) (whether accompanying you or not)
• Must use the “Income Calculation Worksheet”
• Can include “taxable benefits” in income calculation:
o ■ automobiles or other motor vehicles
o ■ board and lodging
o ■ gifts and awards
o ■ group term life insurance policies
o ■ interest-free or low-interest loans
o ■ meals
o ■ security options
o ■ tool reimbursement or allowance
o ■ transit passes
o ■ tuition fees
• Can count spouse’s income towards family unit income if:
o has a yearly Alberta income before tax that is greater or equal to 42% of your yearly income before tax, and
o has a bona fide job offer from an Alberta employer for part-time or full-time work in any occupation and is working with authorization for that Alberta employer.

• Use Alberta’s Low Income Measure (LIM) chart (currently at 70% of the AB LIM)
o Increase to 75% Jan 1, 2020
o Increase to 80% Jan 1, 2021

[/spoiler]

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

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

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

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

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

In this episode, I covered the following topics:

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

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

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At some point in July 2018, the recreational use of Marijuana will become legal in Canada….however, Prime Minister Trudeau has confirmed it WILL NOT be Canada Day (July 1, 2018). With the explosion of this new industry, there is going to be a significant need for Marijuana Professionals to fill labour shortages and skill gaps within this industry in Canada. Immigration Lawyer, Betsy Kane and I discuss some of the existing work permit options that may be available to secure work authorization for these specialized marijuana workers in Canada.

Betsy joined me once again to tackle this brand new topic that has not received too much coverage within Canadian immigration to date. However, it is clear that once recreational use of marijuana becomes legal in Canada, there is going to be a significant need for people with expertise in this unique industry.

If you would like to learn more about Betsy and her firm, listen in to Season 1 Episode 22 where Betsy discusses a little more about how she got into immigration and her firm Capelle Kane which has been operating in Ottawa since 1994.

In this first episode of 2018, Betsy and I covered the following topics:

1. What is happening within the Marijuana industry in Canada.
2. What types of workers and specialized personnel are going to be needed.
3. The various work permit categories currently available.
4. Trouble areas that could pop up
5. Tips for helping your professional – look professional when apply for their work permit at the Port of Entry

[Tweet “How to Bring Marijuana Professionals into Canada“]

Additional Resources:

• The best way to reach Betsy Kane:
  • Capelle Kane law firm: http://www.capellekane.com/
• Legalization and Regulation of Cannabis in Canada: https://www.canada.ca/en/services/policing/justice/legalization-regulation-marijuana.html
• Global Talent Stream: https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html
• LMIA Process: https://www.canada.ca/en/employment-social-development/services/foreign-workers.html
• NAFTA Professionals: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/north-american.html
• International Experience Canada: http://www.cic.gc.ca/english/work/iec/eligibility.asp
• C10 – Significant Benefit: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/canadian-interests-significant-benefit-general-guidelines-r205-c10.html

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If you are a foreign national planning on immigrating to the Province of Saskatchewan or a human resource manager seeking a way to retain your key Saskatechawan based foreign workers… this Episode is for you.

Canadian immigration lawyer Scott Bell shares some amazing insight on the inner workings of the Saskatchewan Immigrant Nominee Program from an employer perspective and also touches on some of the unique Provincial regulations that impact on an employer’s ability to recruit foreign workers to work in Saskatchewan.

The various PNPs across the country offer some very unique and focused opportunities for foreign nationals seeking to immigrate to Canada. In most cases these PNPs have very unique requirements that distinguish themselves from the other PNPs. When trying to understand the inner workings of the various PNPs, the best place to go is excellent immigration lawyers like Scott Bell who actually live and practice within the Province of that Provincial Nominee Program.

In this Episode of the Podcast, Scott shares some great insight on the program, its history, and some of the best programs available for foreign workers seeking to immigrate to the Province of Saskatchewan. The information he provides is extremely valuable in helping to demystify some of the more idiosyncratic aspects of the SINP.

By listening to what Scott has to say in this Podcast, you will most definitely avoid some of the significant pitfalls people commonly run into when apply to immigrate to Canada through the SINP. One thing is for certain…although the process seems easy and the government goes out of their way to tell everyone they do not need to hire an immigration lawyer, engaging someone like Scott to help you navigate the SINP is money well spent.

In our interview, Scott and I covered the following topics:

1. background on Scott and how he got into immigration;
2. background information on the SINP;
3. programs ideally suited for companies wishing to retain key TFWs in Saskatchewan;
4. the impact of the Foreign Worker Recruitment and Immigration Services Act in the hiring process;
5. new attractive options for international students seeking immigration through the SINP;
6. Scott’s list of common Do’s and Don’ts when filing a SINP application; and
7. How Scott can be reached.

[Tweet “SPECIAL PNP SERIES – Saskatchewan Immigrant Nominee Program“]

Additional Resources:

• The best way to reach Scott Bell: sbell@mlt.com
• Scott’s firm MLT: http://www.mlt.com/
• Foreign Worker Recruitment and Immigration Services Act: http://bit.ly/2gxeNSq
• Saskatchewan Immigrant Nominee Program: http://bit.ly/2haRrm5

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

CIP S1 E17: Interview with Scott Bell – Show Notes

Welcome to Scott Bell and background information on his practice.

Q: How did you get into Immigration Law?

With the recent changes to Express Entry, many employers are turning once again to the various Provincial Nominee Programs across the country to assist in their efforts to retain foreign workers that are key employees.

I invited Scott Bell to join me today to talk about the Saskatchewan Immigrant Nominee Program.

Before our call I went to the SINP website, but the site is actually down. There must be a lot of people interested in exploring the SINP as an option for immigration.

Q: Can you tell us a little about the program generally and why it might be a good place to start for employers looking for ways to retain key staff in the Province of Saskatchewan?

Q: I understand that the SINP requires all employers to register if they are bringing foreign workers into Saskatchewan.  Can you talk a little bit about this?

Answer: Foreign Worker Recruitment and Immigration Services Act? Outside employer without a base – difficult for new employers. Manitoba Act – LMIA exempt don’t need registration, in SINP there is a double exempt LMIA exempt

Q: What specific programs are available and likely the most beneficial for employers wanting to support their TFWs?

Q: I understand the Province is making a big push to attract international graduates from other Provinces. Can you tell us a little about this?

Q: Can you provide us with your Top 3 Do’s and Don’ts when it comes to seeking nominations through the SINP?

• Employer Registration has to be done first – before recruitment
• Going down the PR when not intend to live the SINP (economic establishment)
• Undertaking to adhere to STS conditions – restricted labour mobility. – compliance.
• Failure in compliance with Provincial Rule can save issues with Federal applications – affect outside of Province Federally as well.

Q: How can people reach you?

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

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If you are an employer who is using the Temporary Foreign Worker Program in Canada, especially for low skilled workers, you will not want to miss this episode of the Canadian Immigration Podcast. The Liberal government under the direction of MaryAnn Mihychuk, Minister of Employment, Workforce Development and Labour, has undertaken a review of the TFWP.  Join us this week as Russ Weninger, Canadian Immigration Lawyer, who has a particular expertise working with low skill TFWs in Canada, was recently quoted in an article published by the Calgary Herald, “Easing of temporary foreign workers Welcomed by Alberta Businesses.” Although focused on low skill and low-wage TFWs, this episode can benefit anyone who is hiring or looking to hire from the TFWP.

In this episode of the Canadian Immigration Podcast Canadian Immigration Lawyer, Russ Weninger, joined me for a conversation on the low-wage temporary foreign worker program and the problems that it faces as the Liberals mull over its future. Russ shared with me some great insight  on the program and hinted at various changes that need to be made and how navigate the complexities of the system right now.   

It was easy to see how much Russ cares about the low skill foreign worker in Canada. He was extremely generous in sharing his knowledge and experience which will definitely benefit anyone accessing the low-wage stream within the TFWP. Russ also shared some of the struggles employers face with the 10% cap and why he feels the whole system is arbitrary and does not reflect actual labour needs.

It was a pleasure to chat with Russ. He has a real unique perspective on low skill TFWs and it definitely showed throughout the interview.

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

• The LMIA process is like an impossible quest
• 10% cap imposed on employers employing low-wage foreign workers
• Challenges and abuses occuring within the TFWP
• Pathways to permanent residence for foreign workers
• The role of Immigration in Canada’s future

[Tweet “What does the future hold for the Canadian #TFWP?“]

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.

7:47 – Who is Russ Weninger

19:49 – How he got into immigration

21:15 – Overview of TFWP for low wage/skill workers

26:20 – Caps on low wage/skill workers

34:03 – Regardless of unemployment, some jobs stay open

38:09 – Path ways to permanent residence

31:00- Why you need to maintain proper records

41:30 – The practical side of immigration? 

47:10 – Greatest influence on Canadian Immigration Policy

50:41 – How to locate Russ Weninger – http://www.calgaryimmigrationlawyer.com/

Additional Resources:

• The best way to reach Russ Weninger : http://www.calgaryimmigrationlawyer.com/
• Call the office: 403-265-4496
• Life in Waterton
• Wealth Transfer in next 10 years
• Will your tablet replace your family doctor?
• 10 % Cap for TFWP
• Minister’s Statement on the TFWP
• Easing of temporary foreign worker caps welcomed by Alberta businesses

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

CIP S1 E23: Podcast Show Notes – Russ Weninger- Temporary Foreign Worker Program Review – What does the future hold?

Russ Weninger is a Canadian Immigration Lawyer with an extensive knowledge for the low skill, low-wage TFWs and how to navigate the Immigration System. Russ’ enjoys volunteering for several organizations such as, The Calgary Legal Guidance, The Center for New Commerce, The Genesis Center, Law Day and the Kirby Center.  

In this episode of the Canadian immigration podcast we discussed the changes and issues within the low skill, low-wage workers and the temporary foreign worker program. Some of the specific areas covered include:

• LMIA seems to be an impossible quest.
• Cap on percentage of low-wage workers
• Challenges and abuse incidences of those in the TFWP
• Pathways to permanent residence
• The purpose of Immigration

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

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If you have enjoyed this podcast, please subscribe.

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

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 

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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]

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

With the destruction of the immigrant investor and entrepreneur programs in Canada, few options remain to help business immigrants find their way to Canada. In this Episode, Immigration Lawyer, Jeffrey Lowe explains how the Owner Operator LMIA can be the game changer in facilitating permanent residence for not only business immigrants, but one of the groups hit hardest by the creation of Express Entry – the international student.

In this episode of the Canadian Immigration Podcast the Chief Inspirational Officer of Vancouver based Lowe and Company, Jeffrey Lowe, joins us to offer some unique strategies for using the Owner Operator Labour Market Impact Assessment to facilitate immigration opportunities of not only business people, but international students working in Canada on postgraduate work permits.

I was completely blown away by the creativity Jeffrey uses in securing amazing results for his clients. The insight Jeffrey shares can not be found in any immigration law textbook or government website. In this episode he revealed some brilliant strategies that can benefit any immigration lawyer or consultant struggling to assist clients who are left in the dark because of the exclusionary nature of Express Entry. Jeffrey is without a doubt one of the most entrepreneurial lawyers I know and I was delighted to have him join me.

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

• What is an LMIA?
• What is the basis for the Owner Operator LMIA?
• Practical tips on applying for an Owner Operator LMIA.
• Specific examples of how Jeffrey has used the Owner Operator LMIA to benefit his clients.
• Unique strategies for leveraging off of LMIA exempt work permits to transition to an Owner Operator LMIA and eventual permanent resident status in Canada.

[Tweet “Shut out by Express Entry – Consider an Owner Operator LMIA?“]

Additional Resources:

• The best way to reach Jeffrey Lowe: jlowe@canadavisalaw.com
• Lowe and Company: http://www.canadavisalaw.com
• Free Resources from Jeffrey:
  • Business Imm Options
• Owner Operator LMIAs: http://www.esdc.gc.ca/en/foreign_workers/hire/variations.page

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

CIP S1 E19: Podcast Show Notes – Jeffrey Lowe – PLMIAs

Jeffrey S. Lowe  has practiced immigration and business law in British Columbia since 1983.  He holds a bachelor of Laws and a Bachelor of Commerce from the University of British Columbia, and is considered an innovator in the convergence of business, technology and law.

Jeffrey is the Chief Inspirational Officer of Lowe and Company, and has taught immigration law, practice management and legal ethics to lawyers across Canada since 1990.

In this episode of the Canadian immigration podcast we discussed the Owner Operator LMIA. If you’ve not yet heard about this LMIA category, don’t worry about it.  Jeffrey does a fantastic job of setting out the ground rules, and explaining to you some unbelievably creative and unique ways to use this LMIA category to help your clients immigrate to Canada.

Some of the specific areas covered include:

• What is an LMIA?
• What is the basis for the Owner Operator LMIA?
• Practical Tips on Applying for an Owner Operator LMIA
• Specific examples of how Jeffrey has used the Owner Operator LMIA to benefit his clients.

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

4:54  – Who is Jeffrey Lowe?

14:25 – What is an LMIA?

19:00 – What is the Owner Operator LMIA?

27:23 – 6 Different ways an individual can come to Canada to start a business with a work permit without an LMIA:

• ICT
• NAFTA Investor
• Korea, Chile, Peru, Columbia – Free Trade Agreements with comparable investor programs
• Post Grad Work Permit Holders – can set up a business (1-3 years to get operating) and then apply for O/O LMIA
• Spousal Open work permit – can also set up a business and then apply for an O/O LMIA
• Work Holiday work permit – can also set up a business and then apply for an O/O LMIA

30:37 – Can an investor obtain an O/O LMIA in the context of “passive investment”

32:20 – What percentage of ownership must an application have to qualify for an O/O LMIA

36:00 – How important is job creation to the success of the O/O LMIA?

33:51 – Specific Examples of how the O/O LMIA can be used. Including a great solution for Post Grad students seeking to remain in Canada a permanent residents of Canada

44:00 – Consider the possibility of having co-owner operators who are both eligible for an O/O LMIA

47:37 – How to locate Jeffrey Lowe – jlowe@canadavisalaw.com

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

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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…..

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

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

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

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

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

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

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

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

Additional Resources:

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

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

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

Canadian Immigration Podcast – Show notes

Season 1: Episode 14

Interview with Barbara Jo Caruso.

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

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

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

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

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

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

Lead in Question:

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

Issues to discuss:

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

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

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

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

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

Additional Questions:

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

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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Whether you are an HR Manager needing to send someone to Calgary to get a work permit, an executive seeking entry through Calgary as a business visitor, or a foreign national coming to land as a permanent resident, you won’t want to miss this. I’m going to share my Top 5 takeaways from Officer Paisley’s presentation.

Photo courtesy dolanh via Flickr.com

I just got back from an extremely informative meeting with one of the good guys at the Calgary International Airport, Duncan Paisley, Border Services Officer (BSO). Officer Paisley came to speak to our CBA Immigration section in Calgary on April 27, 2016 to share a few updates on the delivery of immigration services at Alberta’s busiest airport. 

Now, I definitely do not want to get Officer Paisley in trouble by giving you the impression that he pulled the curtain completely back and revealed all of the CBSA’s top secret practices and procedures.

This was not the case.

However, he was most gracious in sharing some pretty useful insight on what goes through a Border Services Officer’s mind when they are stuck with the unenviable task of adjudicating an immigration related entry at the airport. In fact, he shared some great tips on how to make the process go a whole lot smoother and minimize the chance of refusal.

Now who wouldn’t want a little insider knowledge to help better prepare themselves for applying for a work permit or other immigration document at the airport?

Let’s face it, the whole process can be pretty darn scary. Heck, I still get scared and I was one of those officers in a previous life.

So check out below my Top 5 Takeaways from the presentation give by Officer Paisley at our immigration section meeting.

1. Don’t travel during the busiest times at the airport.

The CBSA has undergone significant cutbacks over the past 10 years. Although more and more people are travelling to Calgary to seek some form of immigration status, the number of BSOs has been reduced from 100 in 2007 to only 75 active officers now. What this means is that if you arrive at the airport during its busiest times, your wait is going to be significant. 

So when are the busiest times? …Sunday and Monday.

Officer Paisley described these days as the “NAFTA rush” where the number of immigration related entries climbs to almost 100 – doubling what they experience on the other days of the week (50-60). Wait times can stretch to as long as 3 or more hours during peak times.

He also indicated that their most quiet times during the day are in the morning and after 7:00pm MST. However, unlike the land crossings, its pretty hard for you to choose exactly when you want to arrive at the airport. The mornings and evenings are slower for the simple reason that not as many flights are scheduled to arrive during those times.

Tip: If you need to apply for an immigration document at the airport in Calgary, avoid Sunday and Monday like the plague – and if you can arrive in the morning or after 7:00pm this would be even better.

2. Always bring a hard copy of your application materials.

Although our smart phones and tablets are allowing many offices to go paperless, bringing an electronic copy of your work permit application will not be well received by the BSOs.

Ensure you have a complete copy of all the material you will be relying upon. Officer Paisley confirmed that there is only one charging station in the Voluntary Compliance Office (VCO) ….this is the area behind the glass windows, and none if you are sent to the secondary examination area.

As such, if you plan on showing the BSO a screen shot of your online bank statement, or the  global subsidiary list on your company’s website, it is entirely possible your phone battery may die before you even get to see an officer.

Tip: Always bring a complete paper copy of your application materials versus an electronic copy on your smart phone or tablet.

3. The Canadian company must be the employer of record on the Job Offer registration for work permits under the International Mobility Program (IMP).

For foreign service providers (FSPs) doing business in Canada and other individuals applying for work permits under the IMP, the process has become a lot more complicated.

Although Canadian companies do not directly employ the “employees” of the FSPs, the BSOs have been instructed to make sure that it is the Canadian companies that are signing off as employer’s of record on the Job Offer registered through the employer portal. This is definitely going to cause some grief to Canadian companies that really have no employment relationship with the individual consultants or technicians seeking to enter Canada to provide the contracted for services.

It may still be technically possible for the FSPs to complete the online Employer Portal registration and complete the Offer of Employment registration online. However, if travelling to Calgary, there is a distinct chance the BSO may reject the Job Offer if the Canadian company receiving the services is not listed as the employer of record on the Job Offer.

Tip: Foreign Service Providers must ensure the Job Offer registration lists the Canadian company as the employer of record when their employees apply for work permits.

4. Be prepared for the day Electronic Travel Authorizations become mandatory.

Officer Paisley expressed a great deal of frustration with the whole eTA process. Although eTAs are not yet mandatory, the leniency period is very quickly coming to a close. If you are coming from a visa exempt country and you are not a US citizen or permanent resident of Canada, you will eventually need an eTA to board a plane to travel to Canada.

The eTA registration portal is extremely glitchy. Officer Paisley has seen many people travelling to Canada without properly completing the eTA with accurate information. The online portal does not assess the answer provided with any degree of scrutiny. As such, if people answer the questions incompletely or in a misleading way, it can affect the validity of the authorization.

Beware that the portal may indicate that an eTA is not needed when in fact it is. Alternatively, there have been some issues with eTAs being cancelled after a work permit has been issued (this is a known glitch with no current work around).

Finally, if you lived in the US and obtained a passport from your country’s Embassy located in the US, you could run into problems. If, while completing the eTA application process, you respond that your passport was issued in the US, the portal will often mistakenly assume you are a US citizen and confirm that an eTA is not needed when, in fact, it actually is.

The list of problems with the eTA system is too lengthy to identify here. Once again we are being left to beta test IRCCs online filing system (nightmares of the Express Entry portal are flowing back to me) when they should have done this themselves long before it was released to the public.

Tip: Always bring a paper copy of your eTA application to the airport just in case you need proof that you actually filed it.

5. Always check your immigration document to ensure it is correct before you leave the CBSA office.

Officer Paisley confirmed that the are fewer and fewer legacy immigration officers still working at the airport. What this means is that more inexperienced officers are the ones adjudicating immigration applications. In many cases, they do a fine job and there are no issues. However, typographical errors on the work permits are becoming increasingly common.

As such, it is critical that you always check your work permit before you leave the CBSA office to ensure that there are no spelling mistakes on your name, the name of your company, work location, or even the title of your position.

It is far easier to correct a mistake on an immigration document immediately after it has been issued than trying to come back to the airport at a later date to have the error amended.

Tip: Always check your immigration document for accuracy BEFORE you leave the airport because BSOs do make mistakes

6. Make sure you have the proper size photo when completing the landing procedure for permanent residence.

Recently Immigration, Refugees, and Citizenship Canada (IRCC) changed the size of photos they are requiring applicants to provide for immigration applications. As such, if it has been some time since your PR application was approved and you are just getting ready to finalize landing procedures, it is possible that you may have taken the wrong size photos needed for your PR Card. You can access the photo specifications for the larger size photos here.

Tip: IRCC no longer accepts the smaller size immigration photos. Make sure you bring with you the larger size when completing landing procedures at the airport.

It was really great to have Officer Duncan Paisley take the time to share a little insight on the delivery of immigration services at the Calgary International Airport. Maybe in the future he will agree to come on our Podcast and answer listener questions.

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:

Question for our Next Podcast

If you could ask Officer Paisley one question, what would it be? Send your questions my way.

I will try to collect these questions and see if we can get Officer Paisley to answer them for us in one of my future Episodes of the Canadian Immigration Podcast.

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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.

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If you are an international student, temporary foreign worker, immigration lawyer, consultant, HR manager, global mobility specialist, Canadian employer or just plain old Canadian citizen or permanent resident with a curiosity in Immigration … you’ll be regretting the day you didn’t listen to this Podcast.

As promised in Episode 12 of the Canadian Immigration Podcast, I am going to share with you in this Episode everything I learned from Immigration Minister John McCallum on April 8, 2016 in his speech to the CBA’s National Immigration Section in Vancouver during our National Immigration Law Conference.

Because I can not resist my Top 10 lists……here is another one for you!

Immigration Minister John McCallum responded to questions from reporters at the Canadian Bar Association’s Immigration Law Conference April 8, 2016. (CBC)

(Thank you CBA News – I wasn’t close enough to get a better picture myself)

My Top 10 Canadian Immigration trends for 2016 – straight from the mouth of our Immigration Minister, The Honourable John McCallum:

1.   The Liberals actually care what us Canadian immigration lawyers think – who knew?

2.   Canadians like refugees after all and it will continue that way for the foreseeable future.

3.   Sayonara to two tiered Canadian Citizenship – “A Canadian is a Canadian is a Canadian.” 

4.   The Family Feud is over….Family Class processing on its way down!

5.   The Minister hates the term “Economic Immigrant” – all immigrants contribute regardless of program.

6.  Express Entry is having “unintended consequences” that must be addressed.

7.   Complete overhaul to the Live-in Caregiver program on its way!

8.  IRCC versus CBSA – definitely a “good cop” – “bad cop” situation!

9.   What does the future hold for PNPs? Status quo according to Minister McCallum

10.  International Students – the calvary is on its way!

[Tweet “What’s in store for Canadian Immigration Policy in 2016“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

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

Sunny Days ahead for people seeking to immigrate to Canada in 2016

Immigration Forecast for 2016 with Minister John McCallum, Immigration, Refugees, and Citizenship Canada.

There has been considerable coverage of the Liberal government’s sweeping changes to immigration culture in Canada.

As quickly as the Conservative government changed many of the countries old immigration laws and programs, the Liberals have been just as fast to announce their intention to reverse them.

So the big question is……

….where exactly are the Liberals headed?

In Episode 12 of the Canadian Immigration Podcast, I shared some brief highlights from a speech given by the Minister of IRCC, John McCallum to the Canadian Bar Association’s National Immigration Section members who attended our Annual Conference in Vancouver April 7-9, 2016. I also promised that more would be coming…. so here it is!

My Top 10 List of Highlights from Minister McCallum’s Speech to the CBA Immigration Section

As you can tell, I really like the whole Top 10 Concept. Hopefully this list will actually have 10 highlights as opposed to Episode 12 of the Canadian Immigration Podcast where I somehow skipped a number and ended up with only 9 on my Top 10 list.

At any rate, if you have anything to do with Canadian immigration, whether as a lawyer, consultant, HR manager, Global Mobility Specialist, foreign national, or even Canadian employer, you are not going to want to miss this Top 10 List.

I want to start off this Podcast with one caveat. I am a 100% true and blue card carrying Conservative Party member. I hold these values dear and intend to continue my active involvement with the party long into the future. However, with this being said, and despite my best efforts to find fault, there was very little I could complain about with the vision Mr. McCallum has for immigration in Canada.

So here we go….

1. The Liberals are actually willing to listen to Immigration Lawyers and their clients in shaping the immigration landscape of Canada into the future. 

MM Knows that CBA has worked on this day and night – he has read our reports on TFWP and EE – Minister impressed with CBAs contribution – didn’t disagree with anything.

Stark contrast to the previous regime. Basically considered their relations with the CBA to be adversarial.

2. Update on the Refugee situation in Canada and future intentions

Succeeded in bringing 25,000 refugees to Canada by end of February 2016

They went from a situation were the main concerns of Canadians was security especially at the time of the Paris attacks and these concerns evolved to a huge welcome provided by Canada across the country to these refugees.

Quote:

Minister McCallum felt he was the “only immigration minister in the whole world whose main challenge was to provide enough Syrian refugees to satisfy the overwhelming generosity of people who want sponsor them.

Have committed to bringing in another 10, 000 which they will expedite as quickly as possible

The liberal levels planning calls for a 300,000 target – which is an absolute maximum – one more refugee means one less of something else

The Liberals have already quadrupled the number of refugees and have reached the limit.

Restored Refugee Healthcare

3. Canadian Citizenship Act – revoked in part

Bill C6 – introduced by the Liberals to ensure – one class of Canadians in Canada and they believe a “Canadian is a Canadian is a Canadian” – “the place for terrorists is in jail not at the airport”

4. Various Changes to Family Class Applications

• – Restoration of age of dependence from 19 back to 22

MM signed documents restoring the age of dependants to 22. However, it will take a 1 ½ years to go through the regulatory process.

Goodness knows why going from 19 to 22 should take a year and a half. Too bad I couldn’t use ministerial instruction on that.

Minister is generally opposed to Ministerial Instructions, but some times they do come in handy. 

• – Ending of 2 year conditional status on Spousal Applications.

• – Committed in the election to bring down substantially the processing times of Family Class members. 

Quote: 

“Just as he is very proud as a CDN for refugees coming in, ashamed that the heavy hand of the CDN state keeps spouses apart for 2 years. This is unacceptable. This is not something that can be fixed like flicking a switch with Bill C6. On this one it takes longer.”

Solution will be to increase the capacity for immigration in this country

– the max is currently at 300,000 – want to increase this to accommodate the possibility of more immigrants and more spouses to get these processing times.

We will do this by: 1) more money and 2) more importantly need to do things more efficiently. Need to learn from experience in Lebanon and Jordon with the Refugees – where they processed applications fast, but equally well, super fast, but concurrently, ABC together, not A then B then C.

Must transfer over the experience with refugees to family class applications – do it just as well, but much more efficiently. – we did it for refugees, so of course we can do it for other – he told his department to “get to work”. This is what the department is doing – we will have positive news on spouses in coming weeks. – which could means months as usual.

5. Changes to Economic Class Applications

On “Economic Immigrants” – MM hates this term because all immigrants are economic. When you say “economic immigrants” it implies that the economic immigrants contribute and the others do not.

In 2016 many family members work – parents and grandparents enable the father and mother to work even when they do not work.

Refugees also work and contribute in the medium run – “let’s not use the word economic immigrants because all immigrants contribute to the country in one degree or another”

6. Possible changes to the Express Entry regime

In election campaign the liberals were neither critical nor praising of EE because it was so brand new. Now in process of seeking ways to reform express entry and MM values CBA input….

Had a meeting with Ontario Business People at an Ontario Chamber of Commerce and they ranked the different streams for PR status in Canada as:

TFWP

PNP,

EE

MM would like to see this reversed.

Express Entry should be the favored process for businesses wanting immigrants, then PNP, then TFW.

Challenge for MM is to make EE more flexible, more fluid, more desirable for businesses wanting to bring immigrants to Canada. Make it the first choice and not the third choice of businesses.

The First proposed change and most for sure is He thinks International Students are the best source of immigrant to Canada– because they know French and English, because they know Canada, because they are educated, because they are young, all good reasons to be great Canadians

“we should encourage them to come here and not slap them in the face by taking away their 50% credit for time in Canada, so I want to make it easier and give more points to facilitate their entry to Canada as PRs, that is pretty well for sure, other things are less for sure…

… looking at possibly less points for people getting LMIA approved Job Offer because right now  it is totally dominant and has certain unintended consequences. Possibly limit ore eliminate the use of the LMIA under Express Entry…. NOT committed to doing this, but certainly committed to looking at doing it very seriously. It is something they will look into very seriously.

7. Proposed Overhaul of the Live-in Caregiver Program 

MM thinks it is a great program both for young people and aging people – processing times will be coming down automatically in the next months. One major thing is that they will honor their campaign promise make significant changes to how the program works. They intend to a have a system of regulated companies who hire caregivers on behalf of families needing them and deploy them to households that need them.

Changes will help Families because they will be spared the hassle of the LMIA AND– will benefit the caregiver because if household is a problem, the company can transfer caregiver from household A to B. thus protecting the interestswill help both sides, the family and caregivers by doing this.

8. How is IRCC dealing with the challenges of two departments (including CBSA) administering immigration?

Sunny Days have arrived with IRCC, but have not yet arrived with CBSA.

– Separation of immigration into CIC and CBSA in the past

Question = has any consideration been given to bringing CBSA and IRCC back together?

He can’t speak for CBSA, but knows there has been a culture of enforcement throughout CBSA that public servants are awarded for catching as many bad people as possible. Understand there is a quota for how many refugees they expose – there is definitely scope for improvement within CBSA – Ralph Goodale, Minister of Public Safety is working on these issues.

9. What does the future hold for Provincial Nominee Programs?

When asked whether Liberals are considering increasing allocation of nominations to the provinces? MM is of two minds on this issue. He is willing to do whatever is best for the country, but being a federal person, it is not to have the federal roll disappear altogether. 50% of economic immigrants come through the PNPs. If that is best for Canada…fine.

But big theme of his speech was to improve EE so it becomes the first choice for employers. So priority right now is to improve EE. Want companies to see the Federal program EE as their first choice of what is most flexible, best, accommodating choice, there would be less demand on PNPs each year – he wants to add more immigration, but first desire is to improve the federal program so that is more attractive for employers.

10. What is in store for International Students?

some people say MM has a habit of moving too fast, but some times it is important to do it fast – there is some urgency in this matter (international students)– thinking of doing the following in stages:

Stage 1 – give more points to students under Express Entry

Stage 2- do other things to improve EE

but hoping for him to do the student thing as quickly as he can – you would agree that Ministerial Instructions for these purposes are for a good cause.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

Don’t listen to this Podcast before you read the blog I released yesterday, April 13, 2016 entitled: Alberta Immigrant Nominee Program – How did we get here? What every Temporary Foreign Worker must know before applying? This blog will give you essential background information to prepare you for the insights I’m going to share regarding the Alberta Immigrant Nominee Program.

This past month, I had the opportunity to attend a lunch presentation Brad Trefan gave to our Canadian Bar Association’s local immigration section in Calgary.  I’ll share my Top 10 (rather 9) AINP Highlights from his presentation and share my thoughts on what this means for anyone seeking to apply for PR status in Canada through the AINP.

Top 9 AINP Highlights for 2016 thanks to Brad Trefan, Managing Director:

1.    Current Inventories

2.   Top 10 occupations applying to the AINP

4.   [yes….I missed #3] Why are the AINP refusal rates so high?

5.   What if you lose your job after receiving the nomination?

6.   Certificate wastage – why is it so dang high?

7.   IRCC challenging the AINP nomination.

8.  Standardization of the AINP program.

9.   AINP Participation in Express Entry

10.  Expect the AINP to close again in 2016

[Tweet “What’s up with the Alberta Immigrant Nominee Program in 2016“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

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

This Episode continue forward on the foundation I laid with a blog I wrote yesterday and posted on the Canadian Immigration Podcast website regarding the Alberta Immigrant Nominee Program.

It’s entitled: “Alberta Immigrant Nominee Program – How did we get here?

What every Temporary Foreign Worker must know before applying!

This blog will give you a little bit of a foundation for what I am going to share in the Podcast today.

In the blog I covered a brief history of how the AINP has been somewhat of a love hate relationship for TFWs and their legal counsel. I cover the ups and downs of the program over the past 10 years and really lead up to what I am going to be talking about today.

In this Episode of the Canadian Immigration Podcast, I am going to be sharing some insight on where the AINP is headed for this year and what every TFW needs to know before risking their future in Canada on a very volatile program.

But before I get to this Episode I’d like to share a few experiences I had attending the CBA’s National Immigration Conference in Vancouver, British Columbia this past weekend.

1. Asked to speak on Express Entry. Had the privilege of doing so with some very good friends:

• Marina Sedai – Immigration Lawyer in B.C.
  • immigrationcitizenshiplaw.com
  • Secretary of our National Immigration Executive
  • works with Joshua Sohn past Chair of our National Section
• Kevin Zemp – Immigration Lawyer practicing in Calgary
  • zemplaw.com
  • Past Chair of our National Immigration Law Section
• John Acheson – Assistant Director, Permanent Resident Program Delivery, IRCC
  • Operations side of things – the nuts and bolts (portal issues)
• Philip Somogyvari – Director – Express Entry Policy – IRCC
  • 10,000 foot level policy
    • discussions of changes to EE (crossing my fingers):
      • CRS points for candidates with family in Canada
      • CRS points of international students (CDN studies)

2. IRCC Minsiter John McCallum spoke to us and shared a lot of insight into where the program is going. As a staunch conservative, I must admit that I have felt quite conflicted with because I actually like Minister McCallum. In an upcoming blog or podcast, I am going to share some of the highlights from that speech.

However, if you want to go back in time and catch a snapshot of what the Minister shared and other insights from the various panels I attended, connect with me on Twitter because I tweeted continuously sharing significant insights as I listened to the Minister in real time and as I attended other sessions presented by my fellow CBA Immigration section colleagues. My Twitter handle is simply @MarkHolthe.

Eventually I am going to get that blog or podcast out. If you have a preference, just send me comment on the CIP website, or connect with me on any of the various social media platforms I frequent (facebook, LinkedIn etc.). You can also track me down on my firm website: ht-llp.com.

Insights on the Alberta Immigrant Nominee Program for 2016 – Brad Trefan, Managing Director

This past month, I had the opportunity to attend a lunch presentation Brad Trefan gave to our Canadian Bar Association’s local immigration section in Calgary.  I’ll share a few highlights from his presentation and then at the end of this blog share my thoughts on what this means for anyone seeking to apply for PR status in Canada through the AINP.

1. Inventories – The AINP had ballooned to 9000 applications in August 2015 when the program was suspended. This number was reduced to 4700 by the time the program was reopened on January 27, 2016. As of March 23, 2016, the current application quota is sitting at 6000 applications. The AINP receives approximately 40 new applications daily.

[INSIGHT: Get your application filed as quickly as possible because the program will most certainly be suspended as applications continue to flood into the program. If 9000 was the trigger for suspending the program last year, you can be almost certain this number will be the tipping point this year. You can track the processing of applications on the AINP website: http://www.albertacanada.com/opportunity/immigrating/ainp-processing-inventory.aspx#2016maximums

Application Processing and Inventory– the AINP does not follow a first in first out processing policy across all streams. Instead of lumping all candidates into the same pool and processing on this basis, instead 20 processing officers spread out among the industry streams, which results in drastically different processing times depending upon the number of applicants in the queue.. If one has no applications, then an officer will shift to another streams.

Here is a breakdown of the volume of applications and corresponding processing times by industry stream:

Employer Driven Streams

Food and Beverage Processing Industry        Over 90           Feb 9 – 10, 2016

Foodservices Industry (Pilot Project)              Over 110         February 1 – 10, 2016

Hotel & Lodging Industry                                Over 80           February 9 – 10, 2016

International Graduate Category                   Over 2,550      June 2, 2014, and February 10, 2016

Manufacturing Industry                                  Over 40           February 4 – 10, 2016

Skilled Worker Category                                 Over 2,000      June 24, 2014, and Feb 10, 2016

Trucking Industry                                            Over 80           February 9 – 10, 2016

Strategic Recruitment Stream (SRS)

Compulsory & Optional Trades Category       Over 110         February 2 – 10, 2016

Engineering Occupations Category                Over 90           February 2 – 10, 2016

Post-Graduate Worker Category                    Over 750         January 28, 2016, and Feb 10, 2016

2. Top 10 Occupations:

• 6311 – Food Service Supervisors
• 6211 – Retail Sales Supervisors
• 6315 – Cleaning Supervisors
• 7511 – Transport Truck Drivers
• 6421 – Retail Salespersons
• 0621 – Retail and Wholesale Trade Managers
• 7284 – Plasterers, Drywall Installers and Finishers and Lathers
• 0631 – Restaurant and Food Services Managers
• 1311 – Accounting Technicians and Bookkeepers
• 1241 – Administrative Assistants

What we have learned from these statistics is that the worst possible candidate for the AINP is an international student working as a food service supervisor

4. High AINP Application Decline Rate – over 50% of AINP applications are rejected. The main reasons are that:

• Candidate no longer has a work permit (can’t rely on nomination to get WP)
• Down turn in economy, so employee has lost their job (may still hold a valid work permit)

5. Losing a Job after the AINP nomination has been issued

– could be a problem

– must be able to demonstrate the ability to economically establish in Alberta

So what does an AINP officer do when you lose your job while APR is in process – if lose job officers have 2 weeks to work with applicant to defend the nomination with IRCC.

AINP Looking to see if the applicant is making an effort to maintain employment AND officers will also look at occupational outlooks from an economic perspective.

If an occupation has week prospects, then likely chances are not great that the AINP will allow the APR to go forward. However, if job is in an area of high demand, than much more likely AINP will continue to support the nomination.

However, if applicant is changing employers and going from a skilled , to a semi-skilled position, this could be a problem. However, if the demotion is within the same industry, there may be some leniency.

• IRCC is turning applications down for people that don’t have worry

-slight increase in fraud, but just reflects people really want to stay – despite economic downturn

6. High Degree of certificate wastage

Why?

Applicants are also applying under EE

– EE get’s approved and then AINP nomination is wasted.

-Federal Gov’t doesn’t let the AINP re-use the certificates

-having discussions to get around this with Gov’t

7. IRCC challenging the nominations

– must demonstrate ability to economically  establish in the Province of Alberta

So if person is unemployed, how can AINP defend this situation if nomination issued 7 months and the person does not have a job

8. Standardization of the AINP program in process

Modernization of data base

Proposals before minister on how they can better streamline the application process

Looking at online application forms – shooting for this to happen by the end of the year (2016) or 2017

9. AINP Participation in Express Entry

–still looking at this and maybe 2017 enter EE pool.

-however, no enhanced allocation to the 5500, so this will impact in participation in EE

-if participate in EE without an increase to the 5500 allocation total, semi-skilled categories would lose access to PR. AINP is only pathway to PR for low skill workers. If a new EE category was created, then the semi-skill categories would have to give up some of their quota to create the new, skilled worker only, EE AINP stream.

Brad stated that Ideally – the AINP would like to get enhanced allocation from Feds before participating in EE.

10. Expect the AINP to close again in 2016

Yes, gaining 40 applications per day, so is very likely we will have a pause.

So why a General pause versus only closing select industry streams?

Brad Trefan stated it’s the most fair solution because everyone is affected equally.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

In this post, I’m going to share with you exactly what is going on with the Alberta Immigrant Nominee Program (AINP) today. For those of you who are counting on the AINP to be your ticket to remaining in Canada, I highly recommend that you read this article before you consider wagering your future on receiving a provincial nomination from the AINP.

For foreign workers living in Alberta, their experience with the  AINP has  been somewhat of a love hate relationship. For a number of years it was one of the most sought after permanent resident options available to TFWs in Alberta. I routinely directed my clients to its welcoming arms.

The program was well run, predictable, and fast. It was clearly the best and most secure way of obtaining PR status for TFWs living in Alberta. With low processing times and the ability to use the nomination to extend work permits, it was a no brainer.

Alberta immigration lawyers and consultants loved the AINP and what it could do for our clients.

Arguably, the AINP was the envy of all the PNPs across the country.

However, those glory years simply couldn’t last forever. As is the case with the best Canadian Immigration streams, the AINPs very success contributed directly to the rise and fall of the programs over the past few years.

AINP – How did we get to where we are today?

Now I don’t want to spend this entire post providing a history lesson on the AINP. However,  for anyone even thinking about submitting an application a little background on the program’s somewhat volatile history  will go a long way in helping you decide whether or not the AINP is for you.

It all started at the height of the Alberta boom (mid to late 2000s). Many of you will remember those days – less than 3% unemployment, construction projects stalled because companies couldn’t find enough workers to meet the demand.  Wages climbing, housing prices skyrocketing….essentially a time bomb waiting to explode. Alberta was desperate for foreign workers. The province simply could not get enough!

In order to keep the economic engine running in Alberta, the AINP opened up new programs to entice foreign nationals to immigrate to the  Province. The creation of the Family and H1B streams were a resounding success. In fact, they were, much too successful. The AINP was flooded with applications resulting in both of these programs being suspended shortly after their creation.

The ripple effect on all other AINP streams was immediate. With the Feds only allowing the AINP to issue approximately 5500 nominations each fiscal year, and the Family and H1B Streams eating up a large portion of the  allocation, processing times climbed to new heights. Nominations previously issued in only a few months were now taking almost a year. And remember, this was just for the nomination alone. The processing of the PR application through IRCC (then CIC), was still taking an additional year. The glory days of the AINP were officially over.

Speed of processing is probably the most important factor when a foreign national is choosing which PR program to use. PR programs that can support the extension of a work permit are probably the second most enticing factor. However, with the tremendous influx of applications,  the AINP no longer served either of these attractive purposes.

As is typically the case with an unattractive program, no one used it. When no one uses it, guess what happens to processing times?

You guessed it – they start to drop. And drop they did.

In 2013 a skilled worker under the Employer Driven stream could expect their AINP application to be processed in less than one month. With fewer people applying, the AINP was able to work their way through the thousands of Family and H1B stream applications. It took years, but in 2013, they succeeded. In fact, they succeeded too well.

They now faced a new problem.

With a new fiscal year ahead of them, they came to the realization that they were in danger of not being able to use up their 5500 allocation. If they didn’t issue these nominations, they were going to lose them. So what does any smart program do in this situation? You open the doors wide up and allow just about anyone the opportunity to qualify.

The Alberta Experience class was born. And just like the days of the Family and H1B streams, people responded. And boy did they respond. Thousands of applications came pouring in during the short 2 month window that the program was open. If it were not for the difficulty people had obtaining appointments to get their language assessed, the numbers could have been 2 to 3 times higher.

Once again, in a very short period of time, the AINP program had more applications than they could deal with.

In 2014 processing times continued to steadily climb – reaching new heights of up to 25 months. To complicate matters, with the launch of Express Entry in 2015, many TFWs in Alberta were caught off guard when they were suddenly faced with the reality they would not rank high enough to be granted an Invitation to Apply (ITA) under Express Entry.  Thousands of excellent candidates, who would have previously qualified for Canadian PR, were effectively shut out from the Federal permanent resident programs (FSW, CEC, FST).

Why? …..because they were working on LMIA exempt work permits.

For executives, professionals, international students, and many others, no LMIA meant no 600 points which meant no ITA which meant no ability to apply for PR through the Federal Streams.

I recommend you check out some of my comments related to this issue in a series of CBC News articles I was quoted in:

•  Express entry could sideswipe high-skilled foreign workers, posted December 16, 2014;
• Express entry gives first dibs to temporary foreign workers, posted September 29, 2015;
• Liberals shift immigration focus to family reunification, refugee resettlement, posted March 8, 2016
• Express entry review to ease path to permanent residency for foreign students, posted March 15, 2016

Without an LMIA supported job offer, many skilled TFWs were hooped……and that is exactly how it has played out to this day.So with the federal economic classes shunning many TFWs in Alberta, the only place to turn was the AINP.

However, for those working in Skill Level B positions, the consequences of being shunned by Express Entry was only the beginning. These TFWS were very quickly running out of time. With AINP processing times up to 25 months, there would be no chance of obtaining the nominations in time before the 4 year work permit rule became effective on April 1, 2015.

So without being too overdramatic, many Albertan TFWs very quickly saw their hopes of remaining in Canada dashed. As I stated previously, in late 2014 I saw all of this coming, so I wrote a blog on some of the options that were available to people facing the 4 year cap. The response to this article crashed my www.ht-llp.com  website – twice!

You can find this blog on the CanadianImmigrationPodcast.com website at the following link: http://www.canadianimmigrationpodcast.com/episode-2-top-5-ways-to-stay-in-canada/

I will note that there was a very brief reprieve granted to some TFWs with AINP applications in the queue in early 2015 who were allowed to extend their work permits beyond the April 1, 2015 deadline provided they were selected by the AINP. In an effort to try to accommodate some of the workers caught in this position, the AINP worked out an agreement with CIC to temporarily override the 4 year cap on work permits and the cap placed on the number of low wage workers that could be employed within a business. However, this grace period only affected a very narrow group of people and was by invitation only.

For all others, if they could not prove they had a valid work permit, their AINP application would be refused. Long gone were the days when the AINP issued nominations to assist with the extension of work permits. If the program was not so oversubscribed, I have to imagine that the AINP would be more facilitative in supporting work permit extensions today.

I would like to point out that there are still some options that may be available to extend a work permit after receiving an AINP nomination.

However, these options only exist if the AINP nomination has been extended. If not, you are out of luck!

So as 2015 unfolded, even more people turned to the AINP as their last ditch effort to remain in Canada because of the changes to the federal permanent resident process (see Express Entry). These additional applications pushed the AINP program to the brink. The only solution they had was to shut the entire program down. August 27, 2015 was a dark day for many TFWs working in Alberta.

With 5500 nominations available to them and 9,000 applications in the queue, continuing to let the processing times spiral was not realistic. The program remained suspended until it was reopened on January 27, 2016. Although some changes to the program were anticipated, the program re-opened with all previous streams intact. However, this could change without warning.

What you need to know about how the AINP Processes Applications.  

Because the AINP is not governed by the same legislative foundation as Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada),  there is often very little warning when the AINP decides to make changes. The AINP’s Terms and Conditions spell this out very clearly.

For people submitting applications, there is no guarantee that your application will be accepted, nor processed in a timely fashion. In fact, the AINP does not even have to process applications on a first in – first out basis. They can pick and choose who they feel will create the best economic advantage for Alberta. Programs can be cancelled and applications returned with virtually no notice.

Because of the uncertainty within the AINP, my advice to clients is to always hedge your bets and consider applying for PR through every possible category you may be eligible for.  There are no restrictions on the number of PR programs you pursue at the same time. If eligible, go ahead and file your AINP application but  also submit your Express Entry profile into the pool. You just never know which may work.

Just don’t rely solely on the AINP as your PR solution!

However, when it comes to managing your expectations with the AINP, the best source of information is always the AINP’s Managing Director, Brad Trefan.

In Episode 12 of the Canadian Immigration Podcast I am going to share some insights given to our local CBA Immigration section from Brad himself. I had the pleasure of sitting at the feet of the man behind the curtain and intend to share what the future holds for the AINP – a program that has caused more than one grey hair to appear on my head!

Stay tuned, because you won’t want to miss the Episode 12.

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

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.

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One of the most common questions I get from foreign nationals seeking to immigrate to Canada is how to obtain a Job Offer from a Canadian company to support their Express Entry application. In this podcast I interview a good friend and colleague Emma Goerzen from Hire Standard who shares some essential tips and strategies on how foreign nationals can improve their chances of landing that elusive Job Offer.

With Invitations to Apply through Express Entry continuing to require above 450 CRS points, many foreign nationals are realizing that if they want any chance of getting drawn out of the Express Entry pool, they are going to need an LMIA based Job Offer from a Canadian company to support their Express Entry application.

The problem lies in exactly how a foreign national is going to be able to do this.

As a Canadian immigration lawyer one of the most common requests I get is for assistance in helping a foreign national find a Canadian company to offer them a job. There are some immigration law firms that do provide assistance with the recruitment process. However, my firm does not. We focus exclusively on the practice of immigration law and do not try to wear two hats at the same time.

There are many recruitment companies who have surfaced over the past decade in Alberta that made a lot of money connecting local companies with foreign sourced labour. However, with the downturn in the Canadian economy those days are gone until the economy picks back up again. So “for now,” foreign nationals are going to have to do much of the leg work themselves.

So how do you connect with a Canadian employer? And if you are able to connect, how do you convince them to hire you?

….I guess that’s the million dollar question.

Although Emma and I do not pretend to have all of the answers when it comes to landing a Job Offer (remember…this Job Offer must be supported by an LMIA) in Canada, we have put together our Top 5 List of Things Foreign Nationals Can Do to Increase their Chances of Landing a Job Offer.

As promised in the Podcast, Emma has also provided us with a sample resume template that will help to increase your chances of getting noticed by a Canadian employer. Click this link to download the document: Hire Standard Resume Form.

Thanks Emma!

[Tweet “Tips for securing a Job Offer for Express Entry“]

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Topics for our Next Podcast

Read the Transcript

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

CIP S1 E11 – Interview with Emma Goerzen of Hire Standard

In this episode we will discuss one of the most common questions I get from people who are looking to immigrate to Canada.

How can I obtain a job offer from a Canadian company?

Why is this important?

When applying to immigrate to Canada as a skilled worker, the most common process is Express Entry.

[Explain how Express Entry works]

1. History of EE
2. Process for Candidates
3. Ranking System
4. Importance of an LMIA supported Job Offer
5. Job Matching (eHarmony for employers/employees) terribly ineffective

In my practice, I do not do any recruiting for companies, nor assist foreign nationals in finding jobs with companies.

My law practice is focused exclusively on Canadian Immigration

Because I spend a lot of time explaining to people that I can not help them with finding a job, I figured that the best thing I could do would be to bring in an expert in this field.

In todays Podcast  I have the pleasure of interviewing a good friend, Emma Goerzen. Emma is the co-owner of Hire Standard –

Southern Alberta’s Premier Executive Staffing & Background Screening Firm, specializing in criminal record checks, reference checks, employment, education & credit/ID verification, along with temporary staffing & special project placement

Emma and her Team at Hire Standard are extremely knowledgeable regarding all aspects of the hiring process. In fact, I recently used them to fill an important position within our firm and we were absolutely delighted with the result.

I have worked with Emma in the past on obtaining LMIAs for companies here in Alberta that have had to source TFWs to fill labour shortages.

Our firm has handled the LMIA process and Emma was retained by the company to source the foreign worker and manage the nightmarish recruitment campaign which includes the strict advertising requirements of Service Canada that are mandatory to obtain an LMIA.

In this episode of the Podcast, Emma is going to share some insight into the hiring process in Canada. She is going to offer some tips and strategies for foreign nationals who are looking to land that coveted LMIA based Job Offer with a Canadian company and a golden ticket to receiving an ITA within the Express Entry System.

So let’s jump into the interview with Emma Right now.

INTERVIEW

I’m here in my office today with a good friend and colleague Emma Goerzen. Emma is the Co-Owner of Hire Standard, Sothern Alberta’s premier executive staffing and background screening firm.

Welcome Emma. Thanks for joining me today.

Tell us a little bit about Hire Standard. What do you do ?

Hire Standard – Permanent Staffing & Background Screening: http://www.hire-standard.com

Whether you’re looking for an Executive Member of your team or a Temporary employee to make sure your business doesn’t stop, our commitment to fit and quality never waivers. Benefits of working with us include:

1. Process: We hold fast to our stringent prescreening process – it serves as a series of checkpoints from which applicants either pass through or fall off.

2. Insight: Our staff have the insight to weed out resumes that an untrained eye may be overwhelmed or deceived by.

3. Dedication: We will leave no stone unturned. We want to find the best employee for your company and we work diligently until we do

4. Tempo: We pride ourselves on our ‘dog on a bone’ work style. We recognize that most quality employees, a.) don’t stay unemployed for long and b.) don’t want to work for an employer that drags their heels.

5. Experience: We are familiar with the local market and types of applicants you are likely to receive. Based on our experience we can narrow down the candidates in a short time so you only see the best.

6. Back Up: We offer a 3 Month Replacement Guarantee to ensure that everyone is comfortable and confident.

Top 5 List of Things a Foreign National can do to improve their chances of getting a Job Offer.

1. Look for Jobs in the right places
   • Friends and Family – best source
   • Online Websites:
     • Job Bank
       • Job Match Registration (eHarmony)
     • Monster
     • Workopolis
     • Kijiji.ca
     • Indeed
     • Industry Associations – appropriate to credentials

2. Ability to Communicate in English
   • Excellent communication skills, written, spoken etc.
   • Same Standard applies to Canadians as well
     • Talk about HT recruitment and excluded candidates due to poor English – written etc.
   • Safety Issue
3. Good Resume – this is what grabs the attention of the company
   • Not too long – no more than 2 pages
   • Outlining Education and Experience that is relevant to the position
   • Stable work history
   • Grammatically Correct (demonstrate good English on your resume)
   • SHOW NOTES: include sample of a great Canadian resume
4. Honesty and Integrity
   • – much fraud in order to get the job, so lack of trust can be fatal
   • be up front about any potential issues – if have necessary skills and experience, Canadian companies will work with that, but if you are dishonest, you will be rejected.
   • Talk about guy from Costa Rica
     • Prior refused visa, but not disclosed to us
     • Resulted in his rejection as a candidate – after we obtained LIA

5. Must present well in an Interview Setting (Skype Interviews)
   • Must have good internet connectivity to support Skype interviews (reflection on person)
   • Communication Skills (speak English)
   • Know about the Canadian Company – do your research
   • Dress Appropriately
     • Don’t wear a t-shirt saying “I love cannabis”
     • For women – don’t show cleavage

Thanks so much Emma. If people want to reach out to you for more information how do the listeners find you?

www.hiringforyou.com

[/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.

Upcoming Speaking Engagements

If any of you immigration lawyers or consultants out there listening to this Podcast are going to be attending the Canadian Bar Association’s Annual Immigration Law Conference in Vancouver next month, please attend the session I will be presenting with my good friends and colleagues Kevin Zemp and Marina Sedai. If you have not yet registered, you are unfortunately out of luck as the conference has been sold out. Info on the session is set out below:

Ask Mark an Immigration Question

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

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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

Have you ever wondered what exactly happens with your immigration application after it is submitted? Are there certain things you can do to improve your chances of success? Are there things you can do to hurt your chances of success? In this episode, we are going to pull the curtain back on CIC and share insight on the application process from an X-Immigration officer’s perspective.  

In this podcast I had the rare opportunity to interview Billie Young who worked within Citizenship and Immigration Canada for over 11 years before joining our office as an Immigration Technical Adviser. Billie has now completed her Immigration Consultant Certification and is expanding her practice within our law firm, Holthe Tilleman LLP.

Billie shared some phenomenal insight on what it was like working within the department in a variety of capacities. She also pulled the curtain back on the mindset of an officer when adjudicating applications at a number of different locations including the border, at the airport and at the inland offices of Citizenship and Immigration Canada.

In this podcast, we covered a number of areas including:

1. A day in the life of an immigration officer.
2. How entries are treated differently at the border versus the airport.
3. An inside look at the inland immigration enforcement process.
4. An immigration officer’s mindset when adjudicating applications.
5. Tips on what an officer likes to see in an immigration application.
6. Advice on what an officer does not like to see in an application.

[Tweet “Learn do’s and don’ts when filing CIC applications from an x-immigration officer’s perspective!“]

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Explore Additional Resources

In this episode we mentioned the following resources:

• Canada Border Services Agency: http://www.cbsa-asfc.gc.ca/menu-eng.html 
• Immigration Enforcement: http://www.cic.gc.ca/english/enforcement/index.asp
• Coutts Port of Entry (CBSA):  http://www.cbsa-asfc.gc.ca/do-rb/time-temp/646-eng.html
• Edmonton Airport (CBSA): http://www.cbsa-asfc.gc.ca/do-rb/offices-bureaux/637-eng.html

Canadian Immigration Institute

We just completed our very first Pilot Course on how to submit your Express Entry profile (Phase 1). It was a resounding success. We will be releasing within the next two weeks,  Phase 2 of our Express Entry Pilot Course which will cover how to file your permanent resident application after receiving an ITA.

If you would like to register for the course, please subscribe to my mailing list in the top right corner of this site and you will be the first to receive notification when the new pilot course is released.

Questions for our Next Podcast

Read the Transcript

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

Mark’s Questions:

What got you into immigration in the first place?

Tell us a little bit about some of the different jobs you have had working within Canadian Immigration.

So what made you decide to leave your position with immigration to enter private practice within a Canadian law firm?

Tell me a little bit about the day in the life of an immigration officer processing applications?

I’d like to give some real value to our listeners today, so let’s dive into the actual adjudication process of assessing applications.

What were some of most common mistakes people made when submitting immigration applications?

Processing times tend to be quite lengthy when matters are referred to a local office, you must have had a lot of inquiries from people regarding their applications. People have a tendency to think the more you call and inquire, the more attention an officer will give to your application? How did you deal with people who made repeated inquiries into their applications?

Obviously, immigration applications are approved provided the foreign national meets the requirements of the visa category. However, can you give the audience some helpful tips on preparing their applications in a way immigration officers like?

Billie’s Show Notes:

I have worked for over 11 years within Citizenship and Immigration Canada in a variety of capacities. My career within CIC started as a summer student (1998) at the port of entry in Coutts, Alberta. I continued on as a senior immigration examining officer at the Edmonton International airport, then moved on to take up an enforcement officer role in Saskatoon, Saskatchewan and continue providing services at the airport in Saskatoon as well. I recently completed my career with CIC as the admissions officer in the Lethbridge, Alberta office prior to its closing in 2012.

Now in the private sector I have acted as a strategic resource to the business immigration team in assisting clients in navigating the complexities that exist within the department of Citizenship and Immigration Canada. I continue to utilize my past experience as an adjudicating officer to enhance the quality of immigration applications submitted by our clients and provide direct support to our staff in communicating with CIC when difficult and challenging situations arise. On October 22, 2015 I became a regulated Canadian immigration consultant.

Officer’s Thought process: 

Discretionary-An officer can look at the same case with the same evidence and come to different conclusions, with both decisions being right. As long as an officer can justify there decision, and there decision is based on fact not opinion they are good to go.

Threshold-With each officer they eventually determine their own threshold, usually applied to H&C’s and TRP so the very discretionary LOB. In most cases an officer knows what they will let go and approve in these cases, and what they will refuse. Again nothing you can do to change their mind in most cases and by arguing with them only makes them fight back harder as well since they often do not like to be wrong.

Policy based-Even though are decisions are based on IRPA, officers look at the policy manuals for direction and how IRPA should be applied in each LOB. I highly recommend when submitting applications and preparing your submission letter you reference the policy manuals to support your application because that is what an officer will do when making a decision on your clients file.

Dealing with lawyers and or Immigration Consultants-For the most part officers in the larger centers do not want to be bothered directly by the client or the lawyer in our case, unless again processing times have passed, or lines of communication have been opened by CIC, so they are requesting further submissions or interview. It is my understanding that within CIC Calgary for example (or at least it used to be) that all use of representative inquiries are mostly dealt with by the supervisors unless as stated previously the officer has reached out to the lawyer or super

For example in Lethbridge when I was admissions officer I dealt with all the lines of business (LOB) within CIC, from temporary residents VR,WP,SP,TRP, to PR applications, spousals, H&C, PR card investigations, criminality reviews,  and inland refugee claimants. However that was not the case in the Calgary office. Again it comes down to resources, they did not have enough. As well officers were assigned to specific LOB, which is good they become experts in certain areas, e.g. the former TFWU, but the problem is when you deal retirements, transfers, layoffs, and office closures, you now have officers that only are used to doing one LOB trying to learn multiple LOB with limited resources, and a backlog of files. I am telling you this so again you can see what an officer is dealing with, take a minute to see it from there perspective, and now use may be able to you this to your advantage when submitting your application.

Internal working

CIC/CBSA-The communication and partnership is not as close since CBSA came to be. CIC and CBSA are to separate departments even though they are intertwined.

O/S offices-It is difficult to be able to speak with an office within the visa offices even as an officer working for CIC in Canada it can be difficult to get a timely response from the visa office. The reality is they do not have the resources to keep up with the volume. Therefore it is not a priority to answer inquiries that are within the processing times. At the POE you will want to consider that with  new officers are not heavily trained in IRPA. As well at the POE they are not as familiar and often don’t  know the inland procedures regarding most LOB. They focus on clients that are coming into Canada for the fist time as visitors, or finalizing landings, or pre-approved applications from the visa office. I say this just to keep in mind if you are thinking about going to  the border  to have your application adjudicated unless it is very straight forward LMO based WP ect, you are taking a risk. You also want to make sure that you even are eligible to travel to the border and request your application be adjudicated upon re-entry.

Challenge-Challenge the cases you feel warrant it. This will govern the way CIC approaches cases in the future if cases are won in the federal court. Again make sure it is worth it because we all know it is time consuming and in the end if we lose will only hurt the client.

Likes and Dislikes when I was an officer:

• • Keep the submissions short and sweet. For me I did not need to see a condensed version of the information already provided in the application. Submission should be brief, and used to provide clarification that the application may not allow, or that is required to help build a more sold case for your client when needed. Spousal’s for example-two step approach:

• o First look at the sponsor, and sections of IRPA that apply. Does the sponsor qualify;
• o Then look at the relationship between sponsor an PA-legal marriage, as to whether or not it meets common law;
• o Now is it genuine this is all first stage review for an officer. Once the officer is satisfied the sponsor and PA meet the requirements they approve it at stage 1 and move on to the basic screening of inadmissibilities such as criminality, medical, security;

Again this is how I believe we should approach putting together an application for a client in these stages, they way an officer would review them. However, a safe way to put the application together is by following the document checklist.

• • Inquiries, keep them to a minimum, make sure when calling in a favor it is warranted, urgent, and not simply just to fast track the processing times because the client is impatient .
• • Do not approach an officer as if you are entitled, and you are a lawyer therefore you get special treatment. As it is splattered all over the provincial websites, and CIC’s a representative is not necessary.
• • Exhaust all possible options, like contacting the call centre, before inquiring to the CIC/CPC office directly.
• • Tell the truth.
• • Do not abuse the CIC system, try to comply with the officers instructions, CBSA/CIC as it will only help to facilitate in the future, even if the desired outcome takes a little longer to get it is more likely to happen if the client cooperates.
• • It is sometimes just best to comply with the officers request and accept the decision that was made if of course their was no error in law.

[/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

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

For those lucky enough to obtain an Invitation to Apply (ITA) under the new Express Entry regime, collecting those dreaded employer reference letters can be a royal pain. However, not every reference letter is accepted. So I’m going to explain exactly what you need to include in yours to ensure you get credit for your foreign work experience.

As a farm boy, I can remember my dad sending me and my brothers the 23 mile drive to White’s Hardware store in Carmangay, Alberta (that’s my dad’s wagon at the entrance to town), to pick up much needed farm supplies. There were times when we got to the store only to realize that we didn’t bring the money with us.

It would have been a long drive back home to face my dad to explain why we didn’t do as he asked. So we did what any local farm boy would do – we asked Mr. White if we could take the supplies and pay him the next time we were in town….essentially put it on our “tab”.

Fortunately for us, Mr. White knew our family well and trusted us to honour our word. We were able to return back to dad with only mild chastisement for having inconvenienced Mr. White.

However, the old adage: “Your word is your bond“, no longer exists in the world today. And it most definitely does not exist within the world of Express Entry.

It is essential to prove your skilled work experience

One of the most important components of an Express Entry application is skilled work experience. If you are not fully credited with this experience, it could make the difference between your Express Entry application being accepted or rejected.

In an ideal world, CIC would act as old Mr. White and trust in the integrity of people. After all, each time you electronically submit an immigration application, you are asked to “certify that any information provided by you is true, accurate, and complete.”

That should be good enough, right? Unfortunately, no.

One of the most common reasons an Express Entry application is rejected at the permanent resident (PR) stage is due to deficient reference letters.

[Tweet “Express Entry applications are often rejected because of deficient reference letters.”]

The critical information that must be included within a reference letter

When Express Entry was first released, CIC did away with all of the old document checklists for the PR programs. When this happened, we were not exactly sure how reference letters were to be worded. Given the sometimes harsh consequences of failing to get them right, it left many of us immigration lawyers quite unsettled to say the least.

Fortunately, as time has passed, we now have a much better understanding of what CIC is looking for within those pesky reference letters.

CIC may still accept some reference letters that are not 100% perfect. However, in CIC’s world of “one touch” processing, who can really afford to take a chance?

I have set out below the essential components every reference letter must include to ensure you get awarded the full skilled work experience you are entitled.

“Tip: Ensure the reference letter is printed on company letterhead. Remember this needs to be an official document and anything less (such as an e-mail confirmation of employment) is just not going to cut it.”

1. Your full name. Ensure that the name on the reference letter matches with the name on your passport. Sometimes employers will refer to you by your common or nickname. Eliminate confusion wherever possible and go with the name in your passport
2. Company’s contact information. This should include the following mandatory information with a few suggestions of my own:
   • full address (don’t forget postal/zip code, if applicable)
   • telephone number
   • e-mail address
   • website address (my suggestion)
   • stamped with the company’s official seal, if applicable (my suggestion)
3. Signature of your immediate supervisor or personnel officer. People come and go from a business, so if your immediate supervisor no longer works there, have someone sign the letter who knew you and is in a position of authority within the company.
4. Business Card of the person signing the letter. Don’t forget to ensure this is included with the reference letter when you receive it. Obviously you will only need to upload a digital copy of it to the Express Entry portal. However, don’t make the mistake of thinking it is no longer required in our new virtual Express Entry world.
5. Confirm all positions held within the company. In addition to confirming your various titles, the letter will need to include the following details for each position:
   • job title + corresponding NOC (my suggestion);
   • detailed list of duties/responsibilities (see further information below);
   • job status (if current job);
   • dates you worked for the company;
   • number of hours per week;
   • annual salary; and
   • benefits, (if applicable).

Let’s be honest. There is no “perfect” reference letter.  However, if you can get every one of your prior employers to include all of the information above, you will significantly increase your chances of being awarded all of the skilled work experience points you deserve within Express Entry.

Stay tuned to future blogs, where I will address the process of determining your proper NOC for each position you are claiming under Express Entry.

Make sure to share your e-mail address with me so that you can be placed on my notification list when new information is released on my website.

Explore Additional Resources

• CIC’s instructions for Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/profile.asp
• NOC 2011:  http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
• CRS Tables: http://www.cic.gc.ca/english/express-entry/grid-crs.asp
• Program Criteria for each PR category (FST, FSW, CEC): http://www.cic.gc.ca/english/immigrate/skilled/apply-who-express.asp

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.

• Human Resource Institute of Alberta’s Canadian Immigration Law Event (Sept 23, 2015)
• 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

Express Entry is now live .

My first experience accessing the representatives portal was actually very positive. I must admit that I was a little nervous with what to expect given CICs past track record rolling out electronic filing systems. In the past, it seemed as if CIC pushed for the release of the electronic filing systems before they were fully beta tested. In essence, they used you and me to identify the glitches in the system and then took our “negative feedback” back to the engineers to fine tune the bugs.

Well, I have to give credit where credit is due. Unlike previous experiences, this time I was pleasantly surprised at how smoothly the system worked. I was able to get my client’s profile completed in very little time. The “timing out” issue is still a reality, but I did not find the same level of glitchiness moving back and forth between screens and jumping between family members. However, it is not a “truly perfect” system. I will touch more on this below.

Now after having extolled the virtues of navigating the Express Entry portal, I want to focus on the real purpose of this blog….and that is to try to protect all of you from making some serious errors as you rush to get your profiles filed.

I can’t tell you how often I have clients come to me after rushing to get an application filed, only to see their one good shot at success crumble around them because of an oversight on their part. It will do you no good to be the first to get your Express Entry profile submitted if you compromise accuracy and honesty for expediency. CIC has confirmed that the first draw from the pool will not occur until the end of January. As such, take your time, don’t rush things, … and above all, pay close attention to my “Essential Tips to Getting Out of the Pool Safely!”

1. Language Testing is Critical.

Without an official language test from either IELTS or CELPIP (CIC’s designated English language assessment centres) you will not get past the gatekeeper wizard to even begin completing your profile. Your language scores must be in hand at the time you start the initial screening process. If you don’t have the scores in hand, don’t waste your time even starting to fill out the first few questions because you will be blocked within the first few screens. Also, you must remember that CIC does not like the old CELPIP-G tests now. You must be writing the CELPIP – General 2014. If your CELPIP exam does not clearly state CELPIP- General 2014, you will know you are in the right ball park because the drop down options the EE portal gives you will correspond to your scores.

If you have not yet taken an English Language Test, you are going to be in for a little wait because testing sites have been filling up like crazy in the last few months. You will likely be hard pressed to find a testing location that can get you in within the month. You are likely not going to be eligible for consideration in the first draw which takes place at the end of January. You will have to wait until you have the test results before you can finalize your profile for submission.

2. LMIAs rule the Express Entry world.

As you have now likely seen from the Comprehensive Ranking System (CRS), anyone holding a job offer confirmed by a regular or permanent LMIA will most assuredly be given an Invitation to Apply (ITA) for permanent residence in Canada. With this being said, do not think for a minute that just because you do not hold one now, there is no point in apply under Express Entry. Although job offers supported by an LMIA accumulate 600 points towards the maximum 1200 within the CRS, CIC has indicated repeatedly that they anticipate drawing individuals with high human capital and no LMIA in the beginning draws.

At this stage my best advice is to go ahead and submit your profile if the wizard lets you and then work with your current employer to obtain an LMIA or if you are currently outside of Canada, work within the Job Bank to get your profile completed so that you have the possibility of being matched with a Canadian employer who may be willing to obtain a PLMIA on your behalf. CIC treats the regular LMIA and the PLMIA the same for the purposes of Express Entry. Remember that you can always update your profile to “legitimately” enhance it at any time while you are floating in the pool. I say legitimately enhance because there are definitely ways to fraudulently enhance, as can be seen in my next tip, …with far reaching consequences.

3. Don’t you dare misrepresent anything on your application. 

Because documentation is not required at this stage, some will be tempted to submit a profile that is not “entirely correct” in order to rank higher on the CRS. The misplaced rationale goes something like this: “I can always correct my “mistake” later when I am applying for PR after I get an ITA.” If this is your thought process, you are going to be in for a rude awakening. Common places where “fudging” can occur include:

• Language Scores – if you didn’t do so well on your first test, but have an appointment scheduled to sit the test again, do not take the chance of guessing what your new scores may be before you actually have the results in hand. Both you and I know that if your CRS score is a little lower the temptation to give it a pre-emptive boost will be overpowering. Especially when you have been studying really hard to improve your language scores. However, you never know when CIC could dip a little lower into the pool and pull you out before you have had a chance to sit the new test. If CIC extends an ITA based upon the scores you “creatively calculated”, you will be in for some real trouble trying to explain why the test results you actually have do not match up with what you put on your profile. At best you could be bounced from the Express Entry pool and at worst, you could be the subject of misrepresentation allegations from CIC which could carry with them an up to 5 year bar and removal from the country.

• Educational Credentials – it is likely obvious by now that you do not need educational credentials to qualify under Express Entry. You can qualify for the Canada Experience Class on skilled work experience and language ability alone. However, if you are competing against other candidates for the last remaining CEC spots, those with solid educational credential assessments will often rank higher than those without. As such, some may decide to artificially bolster their stated education in the beginning iso that they will rank high enough to be drawn through the CEC category while hoping all along CIC will never ask for the actual ECA report or school transcripts. If you are thinking this, just don’t. It’s not worth it. CIC will only recognize education that is supported by an ECA anyways. Further, you have to list the reference number for the ECA in the beginning and we really don’t know how CIC will check up on the reference numbers for the ECAs and Language test results prior to issuing an ITA. Don’t put it down unless you actually have the educational credential AND if you are actually interested in getting points for education, get the ECA done now without any further delay.

• Work Experience – never forget that your work experience is based upon your actual job duties and NOT your title. Further, if you are relying upon certain work experience to improve your CRS ranking, you had better make sure that you can obtain a reference letter confirming what you indicated in your submitted profile. I can’t tell you how many times I have cross referenced an employer letter of support with a client’s completed intake questionnaire only to discover that the employer is describing the position of the foreign worker in a completely different fashion than the candidate. Get the reference letters in hand first and make sure that everyone is on the same page.

4. Don’t trust the Express Entry wizard.

You will discover really quickly that if you fail to complete some sections of the Express Entry profile, your “Status” for that section will read “In Progress”. If the section is complete, it will read…..no surprise here: “Complete”. This is all well and good; however, I noticed a glitch in the system where in some cases, the Status read “Complete” with a nice vertical row of green “Completes” for each form when I knew for a fact I still needed to add in some additional information.

In my case, I needed to have my client provide me with the “issue date” and “expiry date” on the LMIA we were using to support his job offer. I had not yet uploaded that information into the system but according to the not so smart “Express Entry” Wizard, everything was done and the application was ready to submit. The glitch also pops up when you click the: “Check for Completeness” button at the top of the form. Imagine what would have happened if I trusted the wizard and submitted the application without the LMIA information. The consequence to my client would have been 600 points less on the CRS and undoubtedly a long swim in the EE pool until the error was eventually discovered and corrected. Remember, CIC has stated that “at least in the beginning” every candidate with an LMIA will be given an ITA.

The last thing in the world I would ever want to do is try to explain to the Law Society of Alberta that my client was prejudiced NOT because of my incompetence but because CIC assured me I could trust the Express Entry wizard offering advice and direction behind CIC’s virtual curtain. I might as well dust off my Scarecrow costume from the Wizard of Oz and start singing “If I only had a brain,” because my future livelihood wouldn’t be coming from practicing law, that’s for sure. So the moral of this story is that you need to carefully go through each of the forms once, twice, and maybe even three times just in case, so as to assure yourself that what you are filing is “really” complete.

5. Get someone you trust to proof read your profile before you submit it.

Finally, it doesn’t matter who you are; a foreign national with a Ph.D. in Astrophysics, an immigration lawyer with 20+ years of experience, or a food counter attendant at McDonalds submitting their own Express Entry profile, no matter who you are, never, ever submit your profile without having someone you trust give it a quick review. I’m sure we have all been in situations where we have written a paper for school, proof read it three times and then submitted it only to have our teachers identify 4 or 5 typographical errors we somehow missed. I see this all the time with my own blogs. This goes the same for the Express Entry portal. Although many of the fields are “drop-down” type menus with limited “fillable form” fields, there is still plenty of room for us to miss things.

When your future permanent resident status is at stake, you never want to take the chance you are “smart enough” to go it alone. Remember unlike the first-in, first-out system CIC followed previously, where applications would get bounced because they were incomplete, or the good old days when they would send nice deficiency letters asking for us to update the file with anything that was deemed missing, Express Entry will be a cruel overseer. If you make a mistake in your profile by selecting the wrong drop down item, or forget to insert your LMIA issue and expiry dates, there will be no one on the other end to point out your mistake. The CRS does not provide advice, it only assesses the data presented before it and then uses it to rank you against the raw data of another candidate.

A head official within CIC once told a colleague, that they “don’t pay officers to think. ” The consequence of this mentality will become more readily apparent as people choose to follow CICs advice “that you don’t need to hire a lawyer” and instead trust the all powerful EE Wizard to tell them if their application is complete. Further, this new EE system has NO room for “discretion”. If you make a mistake that causes you to lose out on precious CRS points, the only time you are going to find out about it is when your waterlogged profile gets officially pulled from the pool after reaching the one year stale date.

So at the very least, get someone to carefully review your profile. It would be ideal to have someone that actually has some understanding of the process (once again…..this is a shameless plug for our little firm) who can review your application in detail and make sure you have not: 1) misstated anything, 2) omitted something you should have included, or 3) failed to catch those naggy little errors that can be the difference between being granted an ITA from CIC or languishing in the pool for a year while you watch yourself cap out and head home on a plane in April.

Ask us a Immigration Question!

If you have general questions regarding the Express Entry process or any Canadian immigration matter feel free to connect with us through the “Ask an Immigration Question” portal on our website (ht-llp.com). For those who would rather leave a voice message, you can also do so on our website by clicking the “Ask an Immigration Question” tab on the right side bar. I will respond to these general question via our new “Canadian Immigration Answers” podcast available for download on iTunes.

If you have specific questions and immigration problems that need to be addressed immediately, please contact our office directly to book a paid consult.

Stay tuned for future blogs on Express Entry and a wide variety of other Canadian immigration topics.

Canadian Immigration Podcast

And don’t forget to sign up for our “Canadian Immigration Podcast” also available for download on iTunes.

Mark is an x-immigration officer with Citizenship and Immigration Canada having worked on the Canada/US border. He is currently serving as an Executive Member of the National Immigration Law Section of the Canadian Bar Association and Immediate Past-Chair of the Alberta South Immigration Section of the CBA. He is a frequent speaker and educator on Canadian Immigration Law and Policy and regularly offers seminars and workshops to lawyers, consultants, and human resource personal related to the Temporary Foreign Worker Program and the transitioning of foreign workers to permanent resident status in Canada.