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/

Listen to Mark Holthe’s Canadian Immigration Podcast

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

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

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

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

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

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

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

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

Additional Resources:

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

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Binge on all of our Canadian Immigration Podcast Episodes!

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

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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

Express Entry is changing once again. As of November 19, 2016 many foreign nationals are going to be shouting for joy while many others are going to be crying in despair. Listen in to this Episode to understand how these changes are going to drastically change the landscape for anyone seeking to immigrate to Canada as a skilled worker. Special thanks to Canadian immigration lawyer  Tamara Mosher-Kuczer who joined me to demystify what is really going to be happening with Express Entry.

It is clear that international students and corporate executives are immediate winners with the recently announced changes to the Express Entry system. However, in this Episode of the Canadian Immigration Podcast, Tamara Mosher-Kuczer joins me to share even more insight on what people can expect with the changes to Express Entry that will become effective on November 19, 2016.

Tamara is an associate lawyer practicing with the law firm of Capelle Kane in Ottawa, Ontario. She is currently serving as the external relations coordinator for the Canadian Bar Association’s National Immigration Law Section.

Anyone seriously considering immigrating to Canada as a skilled worker, this Episode is for you.

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

1. New definition of offer of arranged employment and new categories of workers who can now benefit from having a qualified offer of arranged employment for the purposes of express entry
2. No more 600 points for LMIA supported offer of arranged employed
3. New point structure for offers of arranged employment depending on skill level
4. New point structure for those with an eligible Canadian Educational Credential
5. What these changes will mean in terms of the number of points required to be selected
6. What these changes will mean for International Students and Post-Graduate Work Permit holders
7. What these changes will mean for NAFTA Professionals, Intra-Company Transferees, and other foreign workers employed on certain LMIA exempt work permits

[Tweet “Demystifying the November 19th Changes to Express Entry“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Important Links Discussed in this Episode

• Capelle Kane Website:  http://www.capellekane.com/
• Tamara’s E-mail: tamara@capellekane.com
•  Tamara’s Twitter Account: @TTRRMK
• Tamara’s Express Entry Blog: http://bit.ly/2g4rMeZ

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

The Express Entry portal for both representatives and individuals has been full of glitches and likely should have remained in beta testing longer than it did. However, the government likes to release quickly and have the representatives and individuals test at their own peril. In this Episode, Immigration Lawyer, Marina Sedai explains how you can overcome common technical glitches in the online portal.

In this episode of the Canadian Immigration Podcast the Founder of Vancouver based Sedai Law Office, Marina Sedai, joins us to offer some unique strategies and tips for navigating the complexities of the Express Entry Online Portal. Marina has practiced exclusively in the area of immigration and citizenship law for the last 11 years helping a wide variety of clients including small to large businesses hiring foreign workers, individuals, couples and families.

I was completely blown away by the knowledge Marina has in using the Express Entry portal. In this Episode she shared with us some tremendously useful tips on avoiding some of the common technical glitches that can surface when completing applications through the Express Entry portal. The insight Marina shares  is truly “advanced”. You can’t find this in any immigration law textbook or government website. In this episode she reveals some brilliant tips that can benefit any immigration lawyer or consultant struggling with the Express Entry portal.

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

• Whether or not the CRS points are going to drop.
• The linking and de-linking of individuals and representatives.
• How to update your profile and application.
• Why the portal is now asking for a date specific time frame when completing the travel history section.
• Why items or full applications disappear from the portal?

[Tweet “Tips and Tricks to beat the Express Entry portal glitches.“]

Time Stamped Quick Reference Guide

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.

4:24  – Who is Marina Sedai?

14:50 – Will the CRS points drop?

18:20 – Linking and de-linking of individuals and representatives

30:21 – How to update your profile and application after you have submitted it.

37:00 – Processing time for FBI results

39:00 – Disappearing entries and information from the portal.

41:30 – Change of Circumstance

• Divorce
• Change of address
• Change of number

42:45 – Reasons why attachments are rejected from the system

47:00 – How to locate Marina Sedai –msedai@immigrationcitizenshiplaw.com

Additional Resources:

• The best way to reach Marina Sedai: msedai@immigrationcitizenshiplaw.com
• Sedai Law Offices: https://immigrationcitizenshiplaw.com 
• A great resource provided by Marina: Express Entry Tips

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

CIP S1 E20: Podcast Show Notes – Marina Sedai- Express Entry

Marina Sedai  has practiced immigration and citizenship law for the last 11 years. She holds a bachelor of Laws and a Bachelor of Political Science/International Relations and Psychology from Simon Fraser University.

Marina is the founder of Sedai Law Offices, and has been a frequent public speaker and taught immigration law, policy, and procedure at the UBC immigration practitioner’s program  from 2010-2014.

In this episode of the Canadian immigration podcast we discussed the Express Entry Portal and the technical glitches. If you are an individual or representative the tips and tricks that Marina talks about, will help in using the portal without complication and frustration.

Some of the specific areas covered include:

• Whether or not the CRS points are going to drop.
• The linking and de-linking of individuals and representatives.
• How to update your profile and application.
• Why the portal is now asking for a date specific time frame when leaving other countries.
• Why do items or full applications disappear from the portal?

[/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

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

CIP S1 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.

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

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 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“]

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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]

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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

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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!

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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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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“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

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

CIP S1 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.

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

Have you ever wondered what 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

What does the future hold for Post Grad Work Permit holders looking to apply through Express Entry? Do I need to include all of my work history when completing my Express Entry profile? Is it really worth it to have my spouse complete their English Language testing for Express Entry? These are just some of the Express Entry questions I will be answering in this special edition of the Canadian Immigration Podcast.

In this episode of the Canadian Immigration Podcast, I provide some great insight on the Express Entry process thanks to some fantastic questions from our listeners. I finally figured out how to get my voice messaging system working, so you will be able to listen to these questions direct from our listeners.

The general topics discussed include:

• Express Entry – Can a Post Grad Work Permit holder qualify for Express Entry without an LMIA supported Job Offer?
• Express Entry – What is a Job Offer with the Express Entry System? Does it have to include an LMIA to get the 600 points?
• Work Permit Renewal – Is it legal to work while in restoration status?
• Express Entry – Do I need to upload all of my work experience, or just relevant work experience?
• Express Entry – Should I have my accompanying spouse take the English Language Test to get points under Express Entry?

As the founder of the Canadian Immigration Institute, I am really excited to announce that the full Express Entry Pilot Course is just about ready to be released.

Go to our Canadian Immigration Podcast website and sign up for our mailing list to have the opportunity to receive our exclusive offer to participate in the full Express Entry course.

We will be sending out invitations first to all of the people on our mailing list to participate in a free webinar on Express Entry that will lead up to the release of the new Express Entry course. Space will be limited, so those on our mailing list will get the first opportunity to sign up for the webinar.

In the webinar I will share some awesome tips on submitting your Express Entry permanent resident application and explain in detail what the Express Entry course will look like and why I think it is going to be a real game change for people looking to file their own Express Entry application to Canada.

[Tweet “Check this out! Great insight on Express Entry thanks to some awesome listener questions“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Explore Additional Resources

In this episode we mentioned the following resources:

• Express Entry: http://www.cic.gc.ca/english/Immigrate/skilled/index.asp
• Express Entry CRS Calculator: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
• Restoration of Status: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp
• Work Experience (PR Programs): http://www.cic.gc.ca/english/immigrate/skilled/apply-who-express.asp

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 the entire process from submitting your profile to 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]

[/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. 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

Welcome to Season 1, Episode 6 of the Canadian Immigration Podcast. In this episode I will be discussing how the New Liberal Government’s Canadian Immigration Reforms impact the lives of temporary foreign workers and future immigrants in Canada.  

As many of you are aware, we now have a new government in Ottawa. This government has released an ambitious “New Plan for Canadian Immigration“. In this podcast I am going to be explaining how these proposed changes will impact the lives of Canadians, future immigrants and temporary foreign workers in Canada.

In this podcast, I will discuss each of the proposed changes in more detail.  These changes affect the following general areas of immigration:

1. Refugees
2. Foreign Visa Requirements
3. Reunification of Families
4. Citizenship
5. Express Entry program
6. Temporary Foreign Worker Program

[Tweet “Do you know how the Liberal government’s proposed changes to Canadian immigration may impact you?“]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• What changes the Liberal government intends to make to immigration policy in Canada.
• How these changes impact the various groups accessing the immigration system.
• Links to the relevant government websites and helpful resources.
• Projections as to what these changes could mean for the future of immigration.
• Answers to listener questions in the following areas:
  • How families can immigrate to Canada.
  • Whether or not an LMIA can support a work permit and Express Entry
  • How to determine if your foreign work experience is skilled

Explore Additional Resources

In this episode we mentioned the following resources:

• Real Change: A New Plan for Canadian Immigration and Economic Opportunity: https://www.liberal.ca/files/2015/09/A-new-plan-for-Canadian-immigration-and-economic-opportunity.pdf
• Liberal Party Platform: What does Real Change Mean to you?: https://www.liberal.ca/realchange/
• Express Entry – The secret to finding your correct NOC!:  http://www.canadianimmigrationpodcast.com/express-entry-the-secret-to-finding-your-correct-noc/

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]

Canadian Immigration Podcast – Season 1 Episode 6

The New Liberal Government’s Immigration Reforms

How changes impact foreign workers and prospective immigrants?

”We will make it easier for immigrants to build successful lives in Canada, and contribute to the economic success of all Canadians.”

“Immigration has always been an important part of Canada’s economic growth, but over the past decade, Stephen Harper has turned his back on welcoming those who want to contribute to our country’s success.”

1. Refugees: “We will renew and expand our commitment to helping resettle more refugees, and deliver a refugee program that is safe, secure, and humane.”
   1. Settle 25,000 Syrian refugees by Jan 1
      1. Well underway
   2. Invest $250 million ($100 million this year) to increase refugee processing, sponsorship and settlement
   3. Restoration of Interim Federal Health Program
      1. Provided limited and temporary health benefits to refugee claimants
   4. Appoint individuals with appropriate subject-matter expertise to Canada’s Immigration and Refugee Board.
   5. Establish an expert human rights panel to determine designated countries of origin, and provide a right to appeal refugee decisions for citizens from these countries
2. Removed Visa Requirements from Mexican Citizens
   1. Phasing out visa requirements for other countries
3. Emphasis on Family Reunification: “We will take immediate steps to reopen Canada’s doors, and will make reuniting families a top priority. “
   1. We will also nearly double the budget for processing family class sponsorship.
      1. Reducing wait times for spousal sponsorship and Parental sponsorship
   2. Double parent and grandparent entry applications to 10,000 a year
      1. Currently taking 8-10 years to process
      2. Remove conditional PR (currently 2 years live together)
   3. Increase age of dependency from 19 to 22
      1. Many children between 19 -22 are in school and still depend upon parents
   4. Citizenship:
      1. Repeal Controversial provisions in the Citizenship Act to strip citizenship from dual nationals
      2. Bill C-24 – created second class citizens and more difficult to become citizens
      3. Crediting individuals for residency time prior to PR as it did before
   5. Express Entry:
      1. will provide more opportunities for applicants who have Canadian siblings by giving additional points under the Express Entry system
      2. We will make changes to the Canadian Experience Class to reduce the barriers to immigration that have been imposed on international students.
   6. Temporary Foreign Worker Program:
      1. Removal of $1000 LMIA fee for caregivers of physically or mentally disabled family members
      2. Better regulate caregiver agencies
         1. “We will also work with the provinces and territories to develop a system of regulated companies to hire caregivers on behalf of families. This will make it simpler for families to hire caregivers, and protect caregivers by allowing them to change employers in the case of bad relations or abuse.”

Listener Questions:

Question 1

From: Hasanova

Subject: Immigration to Canada

Message Body:

I live in Azerbaijan with my family and I am expressing a deep interest in migrating to Canada for a better life for my family.

Question 2

From: sagun

Subject: express entry and work permit

Message Body:

Hi,

I would like to inquiry that if I have Job offer letter supported by LMIA by a company in supervisor post. Can I apply for Work Permit as well as FSW Express entry program together? Please reply me.

Sincerely yours

sagun

Question 3

From: aruna

Subject: canada immigration

Message Body:

Is experience in banking consider as skilled work experience?

See Blog: “Express Entry – The secret to finding your correct NOC!” wrote on September 28. Found on www.CanadianImmigrationPodcast.com  website.

Report on Express Entry Pilot Course – Canadian Immigration Institute

• Express Entry Pilot Course on submitting your profile was completed yesterday November 21^st.

• Fantastic group of people involved. It was a lot of fun.

• Gained great insight into the areas that give people the most trouble.

• I will use this wonderful insight in creating the full Express Entry course

• Now that Phase 1 is done, I will be sending out an invitation to participate in Phase 2 of my pilot which will cover all aspects of filing your PR application after you receive an ITA.

• Stay tuned for more information in the coming weeks.

Questions for our Next Podcast

If you have an immigration question you would like to leva with me, there is a number of ways to do it.

• You can leave it in the comments section under this podcast,
• connect with me on Facebook at the Canadian Immigration Podcast facebook page.
• I can also be reached through LinkedIn and Twitter,
• and even on my law firm website: Holthe Tilleman LLP.

Because of the high number of questions I get, I am not always able to answer each person individually. I am really sorry for this. However, I will try to select the best questions that I get most frequently and podcast the answer as I have done in this episode. So please don’t hesitate to send your immigration related questions my way.

Subscribe to the Canadian Immigration Podcast on iTunes

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.

Don’t forget to subscribe to my mailing list as well.

Links to Resources:

Real Change: A New Plan for Canadian Immigration and Economic Opportunity: https://www.liberal.ca/files/2015/09/A-new-plan-for-Canadian-immigration-and-economic-opportunity.pdf

Liberal Party Platform: What does Real Change Mean to you? https://www.liberal.ca/realchange/

Express Entry – The secret to finding your correct NOC!: http://www.canadianimmigrationpodcast.com/express-entry-the-secret-to-finding-your-correct-noc/

[/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 5 of the Canadian Immigration Podcast. In this episode I will be discussing my Top 5 reasons you are deemed ineligible when using the “Come to Canada” assessment tool for Express Entry.  


This podcast is dedicated to all of you who have tried to complete the CIC “Come to Canada” tool that is a prerequisite to applying for Express Entry in Canada, but have been found ineligible. Sometimes, your background is not quite what it needs to be in order to qualify. However, in other circumstances, your ineligibility arises because of an error on your part in how you answered the questions within the Come to Canada tool.

In no specific order, these are the mistakes I see most often in my practice:

1. Your language test is invalid.
2. You don’t have enough skilled work experience.
3. You don’t have sufficient funds.
4. You do not meet the minimum qualifications under one of the 3 Economic Programs.
5. You have problems with your personal reference code (this is really post eligibility; however, you can consider it a bonus tip).

[Tweet “Do you know why most people are found ineligible for Express Entry?“]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• The 5 most common reasons people are found ineligible for Express Entry.
• How to navigate CIC’s “Come to Canada” tool.
• Great links to essential CIC resources for determining your eligibility under Express Entry.
• Helpful tips on navigating the complex Express Entry process.
• What to do if you don’t have your settlement funds and need help from family.

Explore Additional Resources

In this episode we mentioned the following resources:

• EE Come to Canada Wizard: http://www.cic.gc.ca/ctc-vac/ee-start.asp
• EE – CRS  Tool:  http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
• FSWP Eligibility: http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
• Express Entry – Completeness Check Policy: http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp
• CIC LICO Chart: http://www.cic.gc.ca/english/immigrate/skilled/funds.asp

Speaking Engagements

I will be speaking at the follow upcoming event. 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 5.

Express Entry – Top 5 Reasons you are deemed ineligible by the “Come to Canada” assessment tool

1. Don’t have a valid language test
   • test is more than 2 years old
   • test score is too low
     • CLB 5 for CEC NOC B
     • CLB 7 for FSWP

TIP: remember you enter your actual scores from your test, NOT the CLB conversion totals.

TIP: it asks for your Skilled Work Experience IN CANADA – you need to understand which skill level applies to you.

2. You don’t have enough skilled work experience
   1. Skilled – B,A, or 0
   2. 1 year, continuous, paid, F/T or equal amount in part time – in only one occupation
3. You don’t have enough funds
   1. If no job offer, must meet LICO [ will provide LICO Tables
   2. Depends on size of family – larger fam = more settlement funds
4. Don’t meet minimum qualifications under one of the Economic Programs:
   1. CEC = need minimum 1 year skilled work experience in Canada + English CLB 5 for NOC B and CLB 7 for NOC A and 0
   2. FSWP = 67 points
      • English and/or French Skills (28)
      • Education (25)
      • Work Experience (15)
      • Age (12)
      • Arranged employment in Canada (10)
      • Adaptability (10)
   3. FST =
      1. Language (speak/listen = CLB 5) (read/write = CLB 4)
      2. Skilled Trade Experience 2 years within 5 years previous
      3. Have F/T Offer of Employment for 1 year OR certificate of qualification from a Province or Territory.

5. Problems with your Personal Reference Code:
   1. Entered the wrong personal reference code:IN0157416692 when started EE profile
   2. Waiting too long to start EE profile and personal reference code has expired – valid for only 2 months
      1. If need to redo profile, this comes up frequently

Listener Questions
Proof of Funds:

I have been granted an ITA through Express Entry and the portal is asking me to provide proof of funds. I know I don’t have enough to cover myself, my wife, and my 2 children. Can I borrow money from my father to provide the “show money”?

Answer: If you are receiving money, it must be an irrevocable gift and not a loan. If you have a large deposit within the previous 6 months, you simply need to explain where the money came from, this will be critical. Maybe you sold a house or other possessions to obtain the settlement funds.

Key Suggestion: try to save money in advance and have it in your account over a period of 6 months. If money is obtained from family, it has to be an irrevocable gift to you. May sure that you provide an affidavit or other document confirming that your family provided you with the money and does not expect it to be paid back.

This should include details related to the transaction such as:

• Date and amount of the transfer of funds
• Account numbers and who owns the accounts
• Even reference numbers for the wires or other transfers

Always include a letter explaining where the funds came from.

Don’t forget the bank letter confirming the following:

• Your name and date of the statement
• Account number
• Current balance
• Average balance in the past 6 months
• Date the account was opened

TIPS: you can show funds from multiple accounts  and use them collectively

TiP: if you have sufficient funds in one account, you don’t need to submit letters for all of your accounts.

Tip: You can NOT use property valuations as proof of funds. The property would need to be sold and the funds available in your account.

Tip: You can also NOT show borrowed funds, so loans are out.

[/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

[UPDATED July 23, 2019] When applying through the Express Entry system, it is absolutely essential that you get your NOC right. By following these few short tips, you can significantly increase your chances of ensuring your position is properly identified and you actually get the points you deserve for your skilled work experience.

What’s so important about the NOC?

Immigration, Refugees and Citizenship Canada (IRCC) uses the 2016 National Occupational Classification system to classify jobs in Canada. One of the most important ways of classification is Skill Level. If your foreign work experience in not considered to be “Skilled” (Skill Level B or higher) for the purposes of IRCC, then you will not receive any points for work experience under the Express Entry system.

Further, when it comes to language testing for candidates who have been given an Invitation to Apply (ITA) for permanent resident status through the Canadian Experience Class, the actual Skill Level will determine whether or not you must meet an English language benchmark of CLB 5 (for Skill Level B) or CLB 7 (for Skill Level A or 0). For those applying under the Federal Skilled Worker Program, the minimum CLB is 7 regardless of the Skill Level.

In addition to Skill Level, the NOC system  assigns a specific 4 digit code to every position recognized within the database. Getting this 4 digit code correct for your position can mean the difference between success and failure within the Express Entry system.

So how do you determine your NOC?

Let me show you how.

How to classify Canadian work experience (with an LMIA)

The starting point differs depending upon whether or not you are currently working in Canada under an LMIA confirmed work permit. If this is the case, you can start by checking out the NOC assigned to your LMIA confirmation.

In most cases, the NOC assigned to your LMIA should be consistent with the NOC 2016 database. However, if you were issued one of those magically 5 year LMIAs, then you might just want to check the NOC 2016 and ensure the four digit NOC listed on your LMIA confirmation matches with the NOC 2016 database.

Illegal Work

Provided you were not working illegally in another position or performing duties that were not originally approved under you original LMIA, you can safely use the NOC code listed (or its equivalent under the 2016 NOC) in completing your Express Entry application.

If you did work illegally, you have a whole host of other problems to deal with including potential misrepresentation if you try to fudge things on your application. If you find yourself in this situation, I recommend that you contact an immigration lawyer to see if there is anything that can be done to rectify the situation. However, in most cases, there is very little we can do as IRCC does not have too much sympathy for someone who has wilfully chosen to break the law.

I can’t help but hear in my mind the old song my grandfather used to play for me as a kid called “Happy Trails” by Roy Rodgers and Dale Evans.  This pretty much sums up the situation for illegal workers in Canada.

How to classify Foreign or Canadian experience (without an LMIA)

The starting point for foreign or Canadian work experience, that is not supported by an LMIA, is your “job title“. This is not always conclusive; however, this is where you need to start.

IRCC has a great little tool for helping you search for your position by title. All you need to do is type the title of your job into the search field entitled: “Filter items” and the list will be sorted to most closely match what your job title would be under the 2016 NOC. See the image below.

If you have work experience as a “Cook”, here are the typical search results.

You can see from the displayed list that the 4 digit NOC for Cooks is “6322” and the corresponding Skill Level is “B”. This tells us that work experience gained as a cook, does qualify under the Express Entry system. However, if you worked as a Food Counter Attendant, this experience will not qualify because it is classified as Skill Level “D”.

Now don’t think your assessment is done at this stage. This is just the starting point. The next step is to confirm that your actual job duties (the ones you actually performed on a daily basis) match with the job duties set out in the position profile of the NOC you have been assigned.

If you were able to locate your position on the IRCC list, then you can simply click on the hyperlink of that position and it will take you to the profile. Once you have opened up your position, skip to STEP 4 below for “Confirming that you selected the right NOC“.

If you were not able to locate your position by searching your title, you will need to go directly to the 2016 NOC database to manually search for your position.

You can search the 2016 NOC in the following ways:

STEP 1 –  Job Title – simply enter the title of your job in the box provided under the “Quick Search” field.” This is located in the blue highlighted area below.

A list of potential matches will be displayed. If this doesn’t work, then go to Step 2. If it does work, then skip to Step 4 below.

STEP 2 – Search the NOC…

Because you have already tried to search for your title directly and came up with nothing, I recommend that you enter any number of key words that closely resemble your title or the duties that you performed. You can do this in the “Quick Search” field.  Let’s say I am trying to find the NOC for a Crime Scene Investigator (CSI). I have tried to search for “Crime Scene Investigator” but the search results reveal nothing.

So the next thing to do is try to determine if your job is also known by another title. In my CSI example, I also know that CSIs are also “Forensic Scientists”. So try to search for similar titles for your position. If this fails, then try to enter job duties that you perform in your position. By searching various keywords associated with the duties you perform, this should create a more comprehensive list of jobs than would normally come up by searching your title alone. However, sometimes even this doesn’t seem to find the right position. If this is the case, you need to go to Step 3.

STEP 3 – Occupational Structure

In order to make this work, you have to be able to properly identify your industry from the list provided.

Once you have selected your industry, the next level will be the Major Group, followed by the Subgroup associated with your job. Find the group that most closely matches your job and from there it is relatively simple to find at least two or three positions that closely resemble your job.

In the image above, you can see that both Chefs and Cooks are listed within Subgroup “632 Chefs and cooks“. By clicking on the “6322 Cooks” link, you will be taken to the exact position profile for Cooks.

STEP 4 – Confirming that you selected the right NOC

This is probably the most important step of all.

Because of the standardized methodology used by the government when creating the National Occupational Classification System, it is entirely possible to select a position within the 2011 NOC that has the exact same title as your job, but in actuality is not a proper match.

Normally, I do not quote specific sections of the Immigration legislation in my blogs. However,  in this case, I am going to make an exception. It is critical that you understand the legal reasons why your work experience can be rejected by an immigration officer.

I have set out below, a portion of the Ministerial Instructions for the Express Entry Application Management System,  which describe who a Skilled Worker is for the purposes of the Express Entry System. The first section relates to Canadian work experience and the second relates to foreign work experience.

In order to be assigned points for your skilled work experience, you must be able to show that you have:

• performed the actions described in the lead statement for the occupation;
• a substantial number of the main duties, and
• including all essential duties, as set out in the National Occupational Classification.

Breaking down the NOC position profile into its “essential parts”

Each job profile within the NOC 2011 describes each of these factors. If you can demonstrate that your position encompasses each of these factors, then you know you have the right NOC. If however, you have not performed the activities in the lead statement or are missing a substantial number of the main duties, then you can safely assume that this NOC is not for you.

So let’s take a closer look at the position profile for a cook (6322) within the 2011 NOC. Based on IRCC’s requirements above, you must perform all of the actions described below:

There is nothing too complicated about this. The lead statement is quite general, so if you cook food for a living – pretty much anywhere – you are in….at least so far!

Now let’s take a look at the main duties. Remember, you have to be able to establish that you performed a “substantial number” of the main duties.

So what constitutes a “substantial number” of the main duties?

Well, it has always been my position that substantial means “most”. However, there are some exceptions. In fact, this is the exact reason I chose the position of cook as an example.

There are nine main duties listed. However, not all appear to be mandatory (Maybe mandatory is not quite the best term; however, it works well enough for the purposes of this blog.)

In fact, only 5 out of the 9 listed are mandatory. Let me explain why.

If you ever see a duty, or an employment requirement that indicates “may” or “usually” within the NOC, you can assume the requirement is optional. You would still be considered a “full fledge” cook if you did not set up and oversee buffets, clean the kitchen and work area, plan menus, determine size of food portions, estimate food requirements and costs, and monitor and order supplies; or hire and train kitchen staff. However, you would still need to have performed a substantial number of the remaining 5 duties.

Finally, we need to take look at what the regulations call “essential duties”.

In all honesty, I don’t have a clue what they mean by “essential duties”. If you are one of those super intelligent people out there that can explain this to me, please comment below and enlighten us all. However, if you are like me and have never really seen a NOC profile description that specifically identifies “essential duties” then welcome to the club.

[BONUS SECTION] How do the “Employment Requirements” in the NOC Profile Relate to Express Entry

Please note that as a starting point, you DO NOT have to meet the minimum “Employment Requirements” in order to get credit for your foreign work experience when apply through Express Entry. However, I still think it is important to understand how they do fit into the picture if you are one of those very lucky people to have a job offer from a Canadian employer that is supported by an LMIA, or another work permit option under the International Mobility Program.

As stated previously, although I do not quite “get” the essential duty thing, I do understand the “Employment requirements” thing that is built into every NOC. In addition to being able to perform the actions in the lead statement and a substantial number of the main duties, in the context of a Canadian work permit, employment requirements can not be overlooked.

I can’t tell you how many work permits I have seen refused because a foreign national does not have the specific education or work experience requirements listed in the NOC for their proposed position. This typically occurs after companies have spent thousands of dollars obtaining an LMIA only to see that the candidate they chose does not qualify for the position based upon IRCC’s requirements (essentially the NOC requirements).

So let’s take a look at the employment requirements for a Cook.

The first place to start is to determine what is “mandatory” (remember, I don’t really have a better word) and what is “optional”. This can be easily done by applying the “may = optional” and “are required = mandatory” rule.

Completion of secondary school is “usually required”.

This means it is not mandatory. If you didn’t graduate, you are okay so far.

Completion of a three-year apprenticeship program for cooks OR completion of college or other program in cooking OR several years of commercial cooking experience “are required”.

Because this ends in “are required“, then this is mandatory. However, because of the “ORs” inserted between each requirement, it means you only need to satisfy one of the above three and not all of them.

So, if you never graduated from school, but have “several years” of commercial cooking experience, then you are good to go.

“NOTE: remember that “several years” is often interpreted as at least 3 years by IRCC.”

Trade certification is available, but voluntary, in all provinces and territories.

I think it goes without saying that “voluntary” means just that. However, I do want to point out that many “trade” positions are regulated in Canada and if you ever run into a trade such as welding, pay close attention to whether or not it is a regulated AND compulsory trade in your Province of destination.

Now, failing to meet the minimum employment requirements will not impact on your Express Entry application; however, in the context of work permits, it can be a deal killer. So pay attention if you anticipate applying for a work permit before your Express Entry application is completed.

Red Seal endorsement is also available to qualified cooks upon successful completion of the Interprovincial Red Seal examination.

Once again, “available” is also one of the optional factors that really doesn’t impact on your Express Entry application.

Wrapping things up

There is definitely a lot to remember when searching for your proper NOC. However, if you start with the IRCC tool for matching titles to NOC codes, your battle is often won at this stage. All that remains is following my instructions above to evaluate the duties and employment requirements in order to confirm you got the right one.

If you weren’t so luck with the IRCC tool, then following the remaining steps above should help you drill down to your exact position.

Express Entry – Complete Step by Step Guide to Doing it Yourself

In order to help as many people as possible navigate the complexities of the Express Entry program, I created a complete Step by Step Video Tutorial to show you how to do it yourself. Obviously, I would love for people to book a paid consultation with me and retain me to represent them in filing their Express Entry applications (you can do so by accessing this link: https://www.holthelaw.com/consultation).

However, for many of my readers and those that follow me, I highly recommend they consider purchasing access to my Express Entry – Complete Step by Step Video Guide to Doing it Yourself . I know you will love it.

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

• IRCC’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
• NOC 2006/2011 Concordance Table: www5.hrsdc.gc.ca/…c/2011/Concordance.aspx
• IRCC NOC Finder Tool: http://www.cic.gc.ca/english/immigrate/skilled/noc.asp
• Ministerial Instructions for Express Entry: cic.gc.ca/…epartment/mi/express-entry.asp

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

Welcome to Season 1, Episode 3 of the Canadian Immigration Podcast. In this episode I will be discussing my Top 5 reasons Express Entry applications get rejected.  

By listening carefully to this podcast, you just might be able to save yourself from the 5 most common mistakes that can result in the refusal of your permanent resident application under the Express Entry system.

Although there are any number of ways you can be found ineligible to actually participate in Express Entry, this podcast will be focused on the ways you can unknowingly mess up your application after you have been granted an Invitation to Apply for permanent resident status in Canada.

In no specific order, these are the mistakes I see most often in my practice:

1. Your reference letters are deficient.
2. You forgot to include all your police clearances.
3. You failed to include a copy of your degree with your ECA.
4. You let your language test results expire.
5. You didn’t provide proof of funds.

[Tweet “Failing to include your degree with your ECA can result in refusal of your Express Entry application.”]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• Why the Express Entry program can be so unforgiving to applicants.
• How to avoid the 5 most common mistakes people make when filing their applications.
• Great links to essential CIC resources for determining your eligibility under Express Entry.
• Helpful tips on navigating the complex Express Entry process.

Explore Additional Resources

In this episode we mentioned the following resources:

• EE Come to Canada Wizard: http://www.cic.gc.ca/ctc-vac/ee-start.asp
• EE – CRS  Tool:  http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
• EE – Draw #17: http://www.cic.gc.ca/english/department/mi/index.asp?expand=mi-pr-express#mi-pr-express
• Blog Post:How to Draft an Employer Letter that Works: http://www.canadianimmigrationpodcast.com/express-entry-how-to-draft-an-employer-reference-letter-that-works/
• How to get a police clearance: http://www.cic.gc.ca/english/infORmation/security/police-cert/index.asp

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.

• 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

Read the Transcript

You can read a additional notes for this episode, [spoiler]Welcome to the Canadian immigration podcast season 1, episode 3

In this episode I will be discussion the Top 5 reasons your Express Entry application can get rejected?

Since Jan 1 – EE is pretty much the only option for PR for SW in Canada except for PNPs

• We’ve gone from certainty with the old system to tremendous uncertainty with EE
• Prior to Jan 1, 2015 could apply directly to various Economic PR Class categories:
  • FST
  • FSW
  • CEC

• After Jan 1, anyone seeking to transition from a WP to PR or seeking to immigrate as a skilled worker to Canada must now go through EE – unless qualify under one of the PNPs
  • However, PNPs in some Provinces are suspended until the new year, such as Alberta and BC which are suspended to early 2006 because the 5500 quotas for 2015 have been reached.

• Thus, there is a lot riding on successfully navigating the EE program.
• If you are one of the many TFWs in Canada with work  permits that are reaching the four your cap, you have very little margin of error. If you don’t get it right, you could be finding yourself heading home.
•  When I speak with my colleagues across the country, we are seeing all lot of Applications getting returned for seemingly inconsequential reasons.
•  This is what we will be discussing to some extent in the podcast today.

•  Largely this is occurred because of the shift within immigration and how they are processing applications.
  • If there are any errors or deficiencies within the application and it is not perfect, they will simply return it. We call this a one touch policy.
  • In other words they want to get an application that is complete and they don’t want to have to sit on the application and then waste time by sending you a deficiency letter.
  • They have quotas to meet. They have to get these applications processed in six months. There are only so many officers to go around.

•  Have you noticed how the work permit processing times and spousal sponsorship processing times have skyrocketed? The reason for this is that many of the officers are being reassigned to express entry so that the government can continue to meet their service level standards of six-month processing for express entry.

• So the situation we’re now dealing with is that you have to get your application right and you cannot afford to make innocent errors or mistakes or omissions on your applications otherwise they’re going to get bounced back.

• It’s one thing to get your application rejected because you do not meet the requirements of the Express Entry program. It’s an entirely other thing to have your application in the cue having been granted an ITA only to have it rejected when you file the present application because of something you should’ve anticipated long before you ever submitted it.

•  When submitting your profile  to the express entry pool , there are lots of checks and balances within the system to allow you to know right away whether not you qualify. If your English isn’t sufficient you do not even get to the door.  If you do not have at least one year of skilled work experience in Canada or abroad, you’re also shut out.

• Citizenship and immigration Canada has a CRS calculator that you can punch in your information and it will let you know  what your potential rank maybe. I’ll put a link to that within the show notes.

• Once you’re in the pool, you’re also be notified as to the actual CRS score that you get when you’re sitting in the pool. You can then compare CRS score to the rounds of invitations and determine exactly where you sit. Our most recent draw which is the lowest of all, occurred just this weekend on September 18 with a CRS point threshold of  450 points.

•  Each time a trial curse we hope that it will continue to drop lower and lower. However I know for a fact that there are thousands of people who are currently sitting at somewhere below 450 points that limbo for months hoping to be drawn. The Internet is full of people discussing the frustration they’re experiencing.

• Can you imagine what it would be like if you had 450 CRS points and were finally granted an ITA to the Federal Skilled Worker Program after waiting since early January of this year  to be drawn.

•  I personally would be overjoyed.

•  Now let’s imagine you faithfully submit your permanent resident documentation and upload all of the information necessary to ensure that the lovely portal accepts your application.

•  Now let’s  fast forward five months. You get home after a long days work to find you have a new email from citizenship and immigration Canada. You notice that it has the file number starting with the letter E which is significant because it relates to your express entry application.

• You quickly log into your computer and open your MyCIC  Account

•  What you find devastate you. After waiting in limbo almost 8 months, CIC has refused your application. Why did they refuse it?
  • Because you forgot to include a copy of your degree when you uploaded your educational credential assessment.
  • Or maybe you forgot to include a birth certificate for one of your dependent children; Or even worse,
  • You accidentally uploaded a copy of your child’s passport data page in the spot reserved for birth certificates –  which is super easy to do given the fact you cannot look at the documents once you’ve uploaded them into the system to ensure you’ve got the right one in the right spot.

• Now you realize that you are going to have to go back into the pool and hope again that the draw total drops down to at least 450 and 50 points again.

•  This is what we’re seeing happening. I’m seeing individuals all across the country who are facing the same issues. In the past these simple oversights resulted in nothing more then a 1 to 2 month delay in processing has CIC waited for you to upload the requested documentation that you had missed in the original filing. However as can be seen from above anyone who does this now can most assuredly expect to see their application returned.

Alright, I think I’ve be labored that point long enough. This podcast is designed to give you my my top five reasons that I’ve seen applications getting refused over the past seven months. It’s my hope that by sharing these simple tips with you, you will be able to ensure that you don’t make those same innocent mistakes that have such drastic consequences when applying under the express entry system.

So before we start with my list, I want to qualify that these reasons relate to the permanent resident process of the application.  There are likely a number of different reasons why individuals cannot even get into the pool.  There’re also things that candidates can do to increase their CRS score and increase their chances of getting drawn from the express entry pool. However, I’m not going to be discussing those in this podcast but instead am going to be focusing exclusively on the reasons that IC permanent resident applications being bounced.

So let’s jump into my top five reasons permanent resident applications are being refused under the express entry system.  I do you want to point out that these are no specific order.  However they are some of the top five most common reasons I see these applications getting returned.

1. Reference letters are Deficient – do not meet the minimum requirements:
   • See: How to Draft an employer reference letter that works: posted on Friday September 18th on my website canadianimmigrationpodcast.com
   • One of the most common areas omitted from those letters are the detailed list of duties  and the number of hours worked per week.
     • These are missing, you will not get credit for your skilled work experience in your application will most assuredly be returned.
     • If there is one person out there that has been given a second chance from CIC and asked to replace a deficient reference letter I’d love to hear it.  They show no mercy.
2. Police clearance missing– some countries require a federal and state clearance.  The only way you will know is by going to the CIC website and reading very carefully exactly what they need.  I’ll provide a link to the  how to get a police certificate webpage within the show notes as well.
   • One example of this is Australian where you are required to provide:
     • a National Police Certificate – Standard Disclosure – name check only (issued by the Australian Federal Police) AND
     • Traffic History (for residents of Queensland only) OR
     • Full Licence History Search (for residents of Victoria only)
   •  Guess what happens if you fail to include even one of those. You guessed it refusal!
3. Educational Degree not included with ECA assessment –  this one happens more than you think.  When uploading the educational credential assessment, some people forget to also upload the underlying degree that was evaluated.
   • now one would assume That it’s not a big deal because the ECA assessment is the most important thing within this process.  Further, there is no way you could get TCA without the underlying degree.  However we have seen refusals for failing to included.
   • a simple oversight, which can cause an individual to have to start all over again from the beginning.
4. Language Test Results have expired –  you would think with the language test results remaining valid for two years this would not be a problem. However, the longer someone sits within the express entry pool, the more likely it is that an IELTS or CELPIP  test results will expire.
   • Let’s take our  original candidate who hypothetically submitted  her application in January of this year. If they were not drawn until June of next year, it is entirely possible that that language test could have expired long before the permanent resident application is finally adjudicated.
   • I have seen this happen. With  the fairly significant cost of language testing, it makes perfect sense that people will try to use an old test as long as they possibly can without having to incur the greater cost to sit the exam again.
   • However, if one is not vigilant it is easy to see how people can be tripped up by this requirement.
5. Proof of Funds lacking – finally, the last area in which I see applications getting bounced back at the last stages is due to a failure to have proof of funds to support settlement in Canada following the approval of PR

Unless you are currently authorized to work in Canada and have a valid job offer from an employer in Canada, or you have been invited to apply under the Canadian Experience Class, you must show that you have enough money to support yourself and your family after you get to Canada.

Bring as much money as you can to make moving and finding a home in Canada easier. Note, however, that Canadian customs regulations require you to declare if you are bringing more than C$10,000 into Canada. If you do not tell them, you may be fined or put in prison. These funds could be in the form of:

• cash
• documents that show property or capital payable to you (such as stocks, bonds, debentures, treasury bills, etc.) or
• documents that guarantee payment of a set amount of money, which are payable to you (such as bankers’ drafts, cheques, travellers’ cheques or money orders).

So with all of this being said you better make darn sure that you disclose any amounts over $10,000 Canadian when you are arriving in Canada.  I can only imagine a circumstance where an individual is caught by customs for feeling to disclose the amount, before they have had a chance to go to immigration to confirm they have settlement funds in order to land as a private resident Canada.

So with all of these reasons I’ve given above for why your permanent resident application can be refused under express century, I want to give you just a few quick tips that if followed, can pretty much eliminate the risk of this happening to you.

1. Collect all of your documentation long before you receive your invitation to apply. In this fashion you’re not going to be scrambling at the last minute try try to get all of the necessary documentation and miss something by accident because you’re trying to go to fast.
   • Remember that once you have been granted your ITA, you have only two months to submit your permanent resident application. If you have not yet obtained the police clearance, your medicals, or your reference letters etc., you may be very hard pressed to get these things before your time runs out.
   • So make sure that you have all your documentation ready to go at a moments notice.
2. Consider declining your ITA if your application is not  100% complete a the time in which you are required to file the PR portion–  you need to ensure that you have everything that you’ve been asked to provide  and that the documentation and information has been properly uploaded into the portal before you submit your application.
   • It is a far better practice to hold off on filing until you have everything. It may be that some pieces of documentation are difficult to obtain. After all, if you qualify for more than one permanent resident program your document checklist can look slightly different depending upon the program.
   • However, the days of telling CIC to hold the application pending receipt of a document that has not yet been received – such as a police clearance from Africa (which can take many months), or the results of a medical test, will often fall on deaf ears and result in you getting your PR application refused with instructions to resubmit your profile into the EE pool.
   • So  don’t take the chance.
   • In many cases, if you are not faced with a work permit that is expiring. It may be a better practice to decline the invitation to apply until you have the documentation that you need.  If your CRS points are high, you will get drawn again within the next three weeks or so.

So that about covers it for my top five list of reasons people get their PR applications refused under Express Entry and I finished off with a couple of hints to ensure you can protect yourself from falling into this trap.

So let’s go to some listener questions.

This one is probably one of the most common questions I get. Unfortunately, it is not a question that I would classify as general in nature; however, I do want to address it right off the bat so that hopefully I can help others with similar questions to find the answers they are looking for. Just to clarify, this would be an example of a specific question that better suited for a one on one consultation. However, here it is and then we can talk about what you can do if you have a similar question.

LISTENER QUESTION #1

Question via Canadian Immigration Podcast Website:

Name: amarjit

Comment: dear sir,

I have a 3 year diploma in mechanical engineering and I have 15 years of work experience. I have IELTS scores of:

Listening-5.5,

Reading-4.5,

Writing-5.5,

Speaking-5.5.

OVERALL- 5.5 Can I qualify for Express Entry?

The quick answer to this question is that no you will not be able to apply through express century.  I assume from this question that he is not currently working in Canada. If that is the case he would not qualify under the candidate experience class. In this program you can qualify with language scores at CLB level 5.  However, anyone else outside of the country that has to go through express entry and ultimately apply to the federal skilled worker program, the minimum language score is set at CLB 7.

Now with this being said, I want to provide everyone with three important links to help them along their way.

1. The CIC skilled immigration eligibility wizard which can tell you if you are eligible to submit your profile into the EE pool:  http://www.cic.gc.ca/ctc-vac/ee-start.asp
2. The second is CICs webpage that outlines the Six selection factors – Federal skilled workers are assessed against when determining if they meet the initial 67 point threshold for the FSWP. If this is not met, then you can’t even get into the EE pool unless you are living and working in Canada. I presume that Amarjit is not. http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
3. The third is the CRS tool: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp  that will assess how many points you are expected to receive IF CIC accepts the information you have provided as being provable.  In other words, you may feel you have a Masters level degree and thus eligible to obtain the corresponding points for education. However, a language assessment could equate your Masters degree to a 4 year undergraduate degree in Canada. So take this CRS tool as a general guide. I’ll place this link in the show notes too.

So it is not possible for me to assess each individuals eligibility for express interest. I sincerely wish I could, however it’s not possible. If anyone wants to have their eligibility formally assessed and receive a legal opinion, they can reach out to my law firm www.HT-LLP.com and book a paid consult. For the rest of you, these links should give you exactly what you need to get a very good idea where you stand with express entry. So I hope they’re helpful.

LISTENER QUESTION #2

From: Nila

Subject: [your-subject]

Message Body:

I’m a spouse of an international student who holds an open work permit in BC. I have gained experience to qualify through CEC.

Can my employer apply for an LMIA only to support my PR application as I don’t need a work permit?

My spouse is a still student and we already have a valid study and open work permit for another year. I’ve have no Canadian education.  I have skilled work experience working as a seamstress (NOC 6342) and i’m paid the prevailing wage. I’ve created an express entry profile but didn’t get enough points as my spouse is still working on his degree and I don’t have Canadian education as I mentioned earlier.

So, my only hope is now to get 600 points through an LMIA. Thanks for all your help and will look forward to the answer in your weekly podcast.

From: Labib

Subject: LMIA

Message Body:

I’m preparing my file for FSW program..I have revived job offer from a Canadian employer.my question is ..

1-Is it mandatory to have LMIA in order to get additional points for the job offer OR not??

2-can I submit EOI  before obtaining LMIA or during processing the LMIA ??

Yes, absolutely you can have your employer apply for what we call a PLMIA or a permanent LMIA that is used to support an EE application. There are some benefits to this process as there is no $1000 application fee for the employer and processing times tend to me a little quicker than a traditional LMIA. The only thing to remember is that your employer will still have to demonstrate that there are no qualified Canadian citizens available to take your position as a seamstress.

If your employer is successful, you will indeed obtain an extra 600 points for your job offer and will be virtually guaranteed that you will receive an ITA. I wish you all the best.

LISTENER QUESTION #3

From: Labib

Subject: LMIA

Message Body:

I’m preparing my file for the FSW program.. I have revived job offer from a Canadian employer.my question is ..

1-Is it mandatory to have LMIA in order to get additional points for the job offer OR not??

YES, only job offers supported by and LMIA will get the additional 600 points under the CRS.

2-can I submit EOI  before obtaining LMIA or during processing the LMIA ??

Yes, if you meet the 67 point threshold under the FSW program, and other program requirements there is nothing from preventing you from submitting your profile into the EE pool and waiting until your employer is able to obtain an LMIA to support your job offer. 
[/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.

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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

Welcome to Season 1, Episode 2 of the Canadian Immigration Podcast. In this episode I will be discussing the Top 5 things you need to do to prepare yourself before even thinking about submitting your Express Entry profile.

Opening Tip: Do not take an English Test first as indicated on the CIC Website! 

1. Assess your admissibility to Canada.
2. Determine if you have at least 1 year of Skilled Work Experience.
3. Take the Language Test.
4. Get an Educational Credential Assessment done.
5. Determine if you qualify for one of the Economic Immigration Programs (FST, FSW or CEC).

[Tweet “When determining eligibility for Express Entry, taking an English Test is not the first step.”]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• How to conduct an initial Express Entry screening to determine if you qualify.
• How to obtain a language test and the minimum scores for Express Entry.
• How to obtain an Educational Credential Assessment.
• How to determine if you meet the specific requirements of the individual PR programs (FST, FSW, and CEC).

Explore Additional Resources

In this episode we mentioned the following resources:

• • CIC’s instructions for Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/profile.asp
  • How to determine if you are inadmissible: http://www.cic.gc.ca/english/infORmation/inadmissibility/index.asp
  • NOC 2011: http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
  • Federal Skilled Worker Points System: http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp 
  • ECA Designated Organizations: http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp?expand=designated#designated
  • 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

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

Read the Transcript

You can read a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian immigration podcast season 1, episode 2. With citizenship and immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian immigration podcast was created to fill this void, by offering the latest information on Canadian law, policy, and practice. Please welcome ex-immigration officer and Canadian immigration lawyer Mark Holthe, as he answers a wide variety of immigration questions, and shares practical tips and guidance to help you along your way.

In today’s episode I’m going to be discussing the top five things you need to do to prepare yourself before even thinking about submitting your profile into the express entry pool. CIC’s instructions for submitting your profile into the express entry pool are pretty clear. If you go to the website, they will tell you step one, take your language test, step two get your foreign education assessed. And finally confirm your skill work experience abroad. So three steps, language test, get your education, then confirm your skilled foreign worker experience.

Well I can tell you that if you follow these steps right off the bar, without doing anything else, you’ll be wasting your money. I really don’t want you to do that, so let me help you save $500 before you even get started. First thing I want to indicate is that to take the language test it’s going to cost you between 265 to 300 Canadian dollars to do that. To get your education assessed, it’s going to cost you between 200 and about 226 dollars to get your foreign credentials assessed.

Now I don’t want you to waste that money if you are not yet at a position in which you can even submit your profile into the portal. And the reality is if it’s going to take you a couple of years to qualify by that time your language test could have expired, generally English language test lasts for two years. And the educational credentials assessments are good for about five. So we are not so concerned about them lapsing, and then you not being able to use them later, but the reality is if you want that $500 in your pocket now, if you are not even going to come close to qualifying, then you need to follow my tips that I’m going to give you right now.

My opening tip to save money is one don’t take the language test first. So despite CICs instructions to rush off and spend that money, hold off for now and here are the five most important steps that you need to do first. So number one, assess your admissibility. Let’s face it not everybody is going to be admissible to Canada, sometimes you make stupid decisions when we are young, and we end up with criminal records for relatively small things, but even small things can result in inadmissibility to Canada.

When it comes to assessing admissibility, the government looks at a number of different things, and I’m not going to give you a comprehensive list here because that’s — we don’t really have time for that. But you could be found inadmissible for health grounds, if you’ve had an illness, financial reasons and ultimately the financial will result at the end of the process when they ask you to provide the necessary settlement funds to be able to establish yourself in Canada. And if you can’t prove you have sufficient funds to do so, then that can also scuttle the whole process. So it’s better to assess now whether you think you will be able to achieve a sufficient financial support if needed.

The third possible reason for getting — receiving a finding of inadmissibility is misrepresentation on a prior application, or in an interview with CIC. So if you’ve had that in the past that can also prevent you from being able to qualify. And then obviously there are the more serious things like I indicated, there’s human or international rights violations, an individual can be convicted of a crime abroad like I indicated. But there are ways to overcome the criminal and inadmissibility, which I’ll put some information in the show notes that can help you if you found yourself to be in a situation where you’ve got a criminal conviction, but you are just not sure whether it will make you inadmissible to Canada.

So I’ll put in my show notes a link to the CIC website where that website will give you information on what does and does not constitute inadmissibility. And then from that site or that web page you can then click on the sentence that reads, if you have committed or been convicted of a crime you have a few options. And so when you click on that it will then take you to information related to criminal rehabilitation. And that criminal rehabilitation is available to individuals who have had prior criminal convictions, and it’s a way of permanently removing that inadmissibility.

And like I said let’s face it, nobody is perfect, we make mistakes but if you’ve had a prior conviction for anything from theft or assault, driving under the influence, or possession of — or even more serious things trafficking in drugs, or dangerous driving or manslaughter, or any of these different possible crimes. If you’ve been convicted of those, you could be barred from even getting through the program. And the problem is you will waste all of your time, all of your money applying to be drawn and given an ITA through the pool, ultimately to provide your permanent resident documentation and submit that application, and then at the very end be told that you are criminally inadmissible to Canada. So I don’t want you to do that, so make sure step one determine if you are admissible.

Now let’s move on to step two, obviously to qualify through many of the economic permanent resident streams, you need to have foreign skilled work experience. And this is skilled work experience, and in the case of permanent resident programs in Canada, you actually need to have at least one year of skilled work experience. Now that skilled work experience can be inside or outside Canada, so it doesn’t matter where you’ve acquired it. But ultimately that determination as to whether the work you did is actually considered to be skilled is critical. If you are not careful in how you assess it when you submit your application, CIC could determine that it’s actually not skilled and something less than skilled and leave you right back at the beginning.

So understand, I’m telling you these tips so that you don’t waste any money yet, until you’ve assessed these two most important factors. In order to determine whether your job actually equates to skilled work within Canada, you have to go to the national occupational classification system. Now beware there are two different ones, there is one for 2006, which is used exclusively by the temporary foreign worker program. I won’t get into all the details why they are still using that other than saying they probably don’t have enough resources to switch over to 2011 version, because all of the temporary foreign worker program resources are all tied and linked to the NOC 2006.

So you don’t use the 2006, you actually use the NOC that’s been developed — that’s the NOC 2011, that is what you use to determine whether your position is skilled for the purposes of applying for express entry. Now in order to help you so that you don’t get confused I’m actually going to put a link to the NOC 2011 within the show notes, so you can click on that, know that the positions that you are researching are actually coming from the right occupational classification system. Now a few extra little tips to help you, the title is important to kind of get you pointed in the right direction.

So whatever your title was working abroad, you can search for that title within the NOC, but do not rely on that title being the actual position that you are working in. You must take a very close look at the job duties that you actually performed, and then equate those job duties whether you completed the position like I said in Canada or abroad. Equate your job duties and the employment requirements for that position with what is specifically set out in the NOC. And I could take a whole podcast and go through all of the steps that we go through to determine this equating of your foreign skilled experience with the particular position profile that’s allocated on the NOC to determine if it really dos match. That’s a podcast in and of itself, so I can’t get into that today, but maybe I’ll save it for a later date.

But just know that you need to really look at matching up those job duties and making sure that the requirements the NOC list for that position are exactly what you needed to fulfill the position you were doing, that you want to include for the purposes of express entry. Okay, I think you’ve got that. All right step three, now finally you are going to folk over some cash and take the language test. You can’t even get into the profile, [speeding] your profile into express entry unless you have taken an official English test. The two sources that are accepted by immigration are the IELTS, the international English language testing system. And this one is good for individuals who have learned their English through the UK, Australia, New Zealand, because that’s how the languages, the accents, the terminology that they use.

So sometimes I have had clients indicate that if they receive their English training abroad, outside of Canada that the IELTS test actually was pretty good, so they use that one. Then there’s the CELPIP which is the Canadian English language proficiency index program. This was developed in Canada, so it’s our in-house little program that is used to assess English, and you are dealing with English speakers here. So one of the things if you’ve learned English in Canada, this test sometimes I’ve clients express that’s it’s a little bit easier for them.

So you choose either one that’s acceptable, you write that test, and that’s not it. You must take a look at what your score is. So if you are an individual who’s been working in Canada, there’s two different levels of English that you need to meet depending upon the classification that your position falls under. So if you have been working for one year in Canada at least one year, in a NOC B, so that’s the national occupational classification skill level B, trade level specialized technologist, technician that kind of level. Then you’ll need a CLB of five and that’s for every category, not average, every category, if you are going to be qualifying under the Canada experience class.

If you have that one year work experience, but in Canada, but it’s under NOC A professionals, or O senior managerial or management positions, then you must have a CLB of seven, so understand that distinction. If you are applying from outside of Canada, and you have non Canadian work experience, then it’s pretty easy. The only program you can qualify under is the federal skilled worker program, except for the federal skilled trade program, which is also out there, but not typically — there’s much fewer people that would qualify into the federal skilled trade, it’s out there, but we are just focusing on the skilled worker program right now. So in order to qualify for that one you must have a minimum CLB of level seven under the — in order to qualify into the federal skilled worker program.

So if you don’t have at least a minimum level seven for your English, then you know what, don’t even bother getting your education credentials assessed, which happens to be the forth step along the way. So just to recap, step number one, determine if you are actually admissible to Canada, whether you don’t have anything that’s going to trip you up. Number two determine if your skilled work experience abroad actually equates, and would be considered skilled for the purposes of express entry. The third step is to take your language test and pay that money. And if you meet the minimum requirement once you have written that English test, then step four is to get your educational credential assessment done.

Immigration has set forth a number of designated organizations that can do this for you. But it’s important for you to understand that if you have Canadian post secondary education you don’t even need to do this. But if you are relying upon foreign educational credentials, then you must submit an ECA in order to get credit for those educational credentials. If you try to just include it without the ECA, and you just tried to include your background educational experience, you will get no points for it.

So if you are wondering why you are not getting any points for — under the comprehensive ranking system for education, it will be because you don’t have that ECA. So you will always have to support it, always-always with an ECA. I have a link in the show notes once again to the locations where you can obtain your ECAs, ultimately there are — there’s probably about five different organizations that you can use for just general assessments. And then for doctors and for pharmacists they have their own organizations, their own entity.

So there’s the Comparative Education Services that UFT [ph] continuing studies, the University of Toronto department of continuing studies offers, there’s the International Credential Assessments Service of Canada. The World Education Service, or the WES, which is very common, a lot of people use that. The International Qualifications Assessment Service, and the International Credential Evaluation Service, and obviously you’ve got a lot of choices.

So here is where I’m going to ask you to participate in this. And I want your participation, I want people involved. I want us to share our knowledge, because after all if we are going through this process and we are trying to guess what CIC wants, which really is what we are facing these days, the best way we can figure out what the heck we supposed to do is to share our experiences. So here is the question, I’ll post this in my show notes; this is what I want all of you who are listening to this to respond to.

If you’ve already gone through the process of obtaining one of these educational credential assessments, I want you; in fact I’d love to hear from you how it went. I would like you to post your response in the common section of this particular podcast, on the canadianimmigrationpodcast.com website. And I’ll compile the results, and I’ll release them to everyone as to which test the organization is the fastest, which one grades the best in terms of recognizing your credential, and the more information I get back from all of you, the better I can get the data that we’ll then be able to use — we will be able to use going forward. So lots of reports, lots of comments, that’s what I’m looking for, do all you can do to encourage your friends and other people that you know who’ve already gone through the process to share their thoughts, and it would be wonderful, I’m really excited about it.

Now as I indicated previously, these ECAs are valid for about five years, and ultimately when you file your permanent resident application, you’ll need to provide your reference number for the ECA report, and this is super important because if you don’t provide that, then when the time comes to submit your PR almost invariably they’ll ask for a copy of the whole electronic documents. So sometimes they ask for it, sometimes they don’t, but you’ll need to have it and keep it handy. So I always ask that you go ahead and you do this so you know right off the bat how many points you are going to get exactly, what that your foreign credentials will equate to in Canada, so then you can know where you stand with this — with the comprehensive ranking system, and your ultimate score.

If the report that you have shows that your foreign credential is equal to a Canadian one, then you’ll get those points, those serious points. If the report shows that there is no equation to a Canadian credential, then it’s pretty simple, it’s very unlikely you are not going to be able to qualify for the federal skilled worker program, at least you won’t get any of those serious points. However if you are currently working in Canada, then it’s possible that you could qualify under the CEC, or as I haven’t discussed a lot the federal skilled trade program.

If anybody wants more information about the federal skilled trade program they can email me directly, and then if I get enough interest then I’ll really delve into it. But it’s kind of the red head and step child, that program is not many people use it. And ironically because of that, if you do qualify into the federal skilled trade, in terms of the ranking of importance, Citizenship and Immigration Canada in Ottawa has told us, as immigration lawyers that they intend to rank in terms of priority for them. The federal skilled trade program is number one, because it’s the hardest to fill, and they’ve got so many numbers of people that they want to pump through that program.

And so number one is federal skilled trade. Number two is the federal skilled worker, and last but not least is the Canada experience class. So sometimes when they do these draws, and pull people out of the pool, they will pull from a specific program, and sometimes because obviously those who are often applying into the federal skilled trade program do not rank as high with the comprehensive ranking system. So if they decide to only draw a federal skilled trade, it’s possible that although you maybe — don’t rank high enough to get drawn under the traditional route, that they may exclude only to federal skilled trade, and you could see yourself getting drawn. So if there’s enough interest I’ll cover that later, but at this stage I’m going to move on forward.

So while you’ve gone through this process, you’ve got your ECA done, you’ve got your language test done, you know that you have level one year skilled work experience, and you are not inadmissible to Canada. The last step that I’ll share with you is that you need assess whether you meet the minimum requirements of each of these three economic programs to start with. So you can have all these other stuff, but if you do not meet the minimum requirements of one of these programs, then you can’t even get through the gate to start with. And I indicate one year skilled worker experience abroad is a baseline, because generally speaking if you do not have that, you are not going to qualify for anything.

So let’s go through these programs just so that you are aware from the government’s priority program, federal skilled trade, not that they are not all a priority, but if there’s ever a tie between these, the tie will go to the federal skilled trade program, then federal skilled worker, then CEC. Because the government always wants to meet their quotas for these programs, and clearly for individuals working and living in Canada, the CEC is probably the easiest one to qualify under, regardless — absolutely regardless of whether you are skilled trade, or you are the CEO of a company, CEC is the easiest.

But let’s go through the federal skilled trade program. So to start with this is something that I didn’t indicate when I was talking about language test, but you have to have a minimum CLB of level five in speaking and listening, and the CLB of four in reading and writing. And that’s the only distinction. The other programs CEC, federal skilled worker, you can’t average the scores. So you have to have that minimum of level five for CEC or seven, and for the federal skilled worker you have to have that minimum CLB seven. But with the federal skilled trades, they recognize that reading and writing is not super critical for trade level excellence, but speaking and listening is. And so they have it set at CLB five for speaking and listening, and CLB four for reading and writing.

You also need two years of work experience in the trade within the past five years, and you also need to make sure that that work experience meets one of the positions, the trade level positions that are set out under the NOC. And when we start to assess these a little bit more closely, you’ll see that there are major groups of occupations under the trade level positions that are set out on the CIC website, and once again I’ll provide another link to that within the show notes. All right, and then you have to have an offer of full time employment for one year, or you need a certificate of qualification for that trade issued by one of the Canadian provinces or territories, so that’s the federal skilled trade.

Now let’s move on to the federal skilled worker, the basic requirements, one year of paid skilled work experience, so that’s a minimum of full time skilled work experience over one year, or the equivalent in part time. So 30 hours per week is considered to be skilled, and so if you do the math that’s about 1560 hours in a year. So if you are working full time, that’s the minimum expectation to qualify, at least to meet the minimum standard. Also you need to make sure that your position is classified in NOC 0A or B, like we indicated before within the 2011 NOC, the one year must have been obtained within the last 10 years, and CLB level 7.

You also need at least a high school education, and finally last but not least and this is where I see many people trip up, so pay close attention to this. If you are looking to qualify from abroad, you do not have a job offer supported by a labor market impact assessment and you are applying likely through the federal skilled worker program. Even though you have lots of points maybe with the CRS point system, you need to make sure that you have at least 67 points within the six selection factors of the federal skilled worker program. So this is an assessment that happens before you even go through the comprehensive ranking system assessment.

And the six selection factors they look at are obviously there’s duplication here, one English or French. Two English — sorry, one English or French, two education, three work experience, four age, five job offer, and six adaptability. And so these six factors are based on a different ranking scheme than the CRS, so pay attention to that, go to the CIC website; take a look at whether you meet that 67 point threshold to qualify for the federal skilled worker program. And then finally make sure that you have for federal skilled worker, that you have proof of funds, so that you’ve got sufficient funds to meet the minimum income levels required to settle in Canada.

Now the final one, and this is the easiest one if you are currently working in Canada is to show that you have at least 12 months of full time or equivalent in part time skilled work experience in Canada within the past three years, so couple of points to note. If you’re on an open work permit, and you’re working– performing– you know you’re self employed, or if you gained your work experience under a co-op program while you were studying in school, both of these do not count.

So self employment and work under a co-op you can’t count it towards your 12 months, towards the three years or 12 months of skilled working experience within the three years before applying. And who does that affect? Well, it affects our post grad work permit students, the ones who go to school, who are often at least on the co-op side have had experience working in jobs, so you have to wait until you’ve worked for a full year outside of school before you can qualify, all right. It goes without saying that while in Canada that works needs to be legal, and to a large extent it has the potential of disqualifying refugees.

So if you’re here as a refugee claimant and you get that open work permit to allow you to work while your claim is being assessed, you can’t use that work experience towards qualifying under the CEC. So disappointing at this stage, but I will you keep you posted if I learn anything else about transitioning from refugee status to permanent residence through express entry. And then finally with CEC the language requirements are pretty simple if you have a work experience and NOC Zero or A, then you need a CLB which is the Canadian Language Benchmark level 7, and that’s across all of those different factors.

If you have work experience under NOC B, then the skill– the comprehensive– oh sorry, the Canadian Language Benchmark has to be at level five. So just to recap, for the CEC program the Canada experience class if you have work experience in NOC zero or A, then the Canadian Language Benchmark must be 7. If it’s NOC B, then the CLB has to be five. All right great, so those are my tips. So obviously there are a lot of different ways of preparing for express entry, and there’s probably people that have different strategies, and different ways of collecting their documents, but from my experience if you follow these five short little steps, one you can save money without throwing it away, because you did not qualify under express entry.

You can save some money first to make sure that you really do qualify before you start spending it. So I hope these five tips have been helpful for you, there may be other suggestions that people have. I welcome your comments, and I’ll say this time and time again, I welcome people to provide input, to provide their experience, to share their stories, I love to hear those things. And hey if you’ve got anything that’s really, really applicable to what we’re talking about here, what we’re discussing, I’ll bring it on and we’ll talk about it in the next podcast. And with the world of CIC these days, it’s really challenging, because there’s no real clear policy on how you’re to cover off a lot of these different aspects of express entry, that are just not written anywhere.

So like I said the only way you can learn is by sharing your story, so please-please share your experiences, comment on this podcast, and ultimately share it with your friends and other co-workers if you think might be interested in hearing this. All right, now we’re going to shift to some questions from our listeners. The question that I have selected for this podcast comes from Desire; I’m going to call here Desire although her name is spelt Desire, D-E-S-I-R-E.

And once again this is another plug for you to go to the Canadianimmigrationpodcast.com website, or you can alternatively leave a message on my firm website ht-llp.com, and there is a widget on the side of the web page that indicates, “Ask an immigration question.” Go there, click on that thing; leave a voice message for me. If someone is having problems doing that, let me know, but that is wonderful way when I can have you ask your question, and I can put you right on to this podcast. I’m sure everybody would love to hear people’s real questions, rather than me trying to decipher their written emails.

But anyways this email is from Desire, and that she sent Friday September the 11th and its entitled “Spouses.” So she indicates, “Hello sir, I wish to ask if I can remove my spouses’ name from my application to express entry to have more points? The CIC already have his information on their website when I was applying for my work documents. I provided his name on my application when I was applying for my work permit. Can I give any excuse why I don’t want him to be in? I intend to enter, and then invite him when I have the permanent residence, thanks.”

Okay Desire, this is a great question, and I want to identify just one thing to clarify for those who are listening. So she indicated that she wanted to remove her spouse’s name from her express entry application, so that she can have more points. Well, when you’re assessing individual’s points through the comprehensive ranking system, single individuals get full points for some of the human capital factors, and the those who have family members they get– individuals get slightly less points in their personal capacity, and then their spouses are assessed to then make up the balance of those remaining points that a single individual would get completely right at the beginning.

So if you go to the CRS; Comprehensive Ranking System website, which I’ll post a link there as well, you’ll see how those points are broken down. So essentially for Desire she’s probably is saying that her husband is maybe going to have a little bit more trouble getting those points, and getting everything assessed, and it’s just easier if she goes through on her own first, and so she hopes that’s he can remove her husband now even though he’s fully on the radar of CIC, he’s been included with her application for a work permit, so they know he’s there, and she says, “Can I Give an excuse why I don’t want him to be in?”

Well Desire here’s the issue, if you do not want to include him within your express entry application and be assed, then there’s a way of doing that. So essentially what you do is when you’re in the express entry profile section, at the very top in grey boxes right in the middle you will a box that says, “Modify family information.” Click that box, then when you get to that site, go down to the bottom and click update information, and then it will take you to a questions that reads, “What’s your marital status?” Make sure that you keep married selected. You cannot and must not indicate that you’re not married when you really are. So make sure that that section is clicked, that it’s selected as married, then you click next.

Then it will take you to another question that says, “Is your spouse/common law partner included in this application?” And it’s at that stage that you select no. This will then take you back to your express entry profile, and you should see that your spouse should be removed from your profile, and they will not count towards your comprehensive ranking system points. So, but I want to reiterate, and it’s very important that everyone listens to this, this is– if there was anything that I could tell you about including a spouse or excluding them, this the single most important thing that you must consider.

You cannot indicate that you do not have spouse on a permanent residence application, go through the process, become landed as a permanent residence in Canada, and then go back and try to sponsor them. You must not, and you cannot do that because you will be forever barred from sponsoring them as a result of an operation of law, and the legal provision is section 117, subsection 9, subsection D of the Immigration and Refugees Protection Regulations. I will post a link to this in my show notes, but you must never ever fail to disclose, and have that spouse examined.

Now ultimately those things will take place at the end of your application, and it will delay your permanent residence a little bit, but as of 2002 when they instituted the new immigration and refugee protection act, and they changed the legislation for immigration in Canada, they instituted this section to catch people who are actually doing that. So Desire I think your worry is more about getting more points right off the bat, and not having to worry about things.

So you disclose your husband, you indicate that he’s not coming, and then you go through the process, and you can land and then sponsor him later, but you must make sure at all stages that CIC is fully aware that you do have a spouse, it’s just that they’re non accompanying now. That will leave you the option of sponsoring them one day in the future when maybe timing is better for you, but under no circumstance if you have a spouse do you indicate that you do not, because it will come back to bite you.

So this is a pretty– a little bit more fulsome answer than I usually give, so I’m only going to answer that one question in this podcast, and then we’ll save questions for next week for the other podcast that I’ll be releasing on Monday. I’d like to take this time to just provide a few other little announcements. Some of the upcoming speaking engagements I’ll be entertaining if you’re in Lethbrigde, September the 23rd at Lethbridge, Alberta. I will be speaking at the Human Resource Institute of Alberta’s Canadian Immigration Law event, so you can go the show notes, and there’s a link to register for that if you’re interested, members and non members are both eligible to attend.

I’ll be covering a number of different areas including express entry, foreign work permits, and just a great overview of the current state of the land when it comes to foreign workers, and immigration programs in Canada. Also in October from the 27th to the 28,th I will be running a workshop at the Canadian Institute Immigration and International Workers forum that’s located in Calgary, and I’ll also be speaking directly to HR managers and other companies, employers in particular regarding the new and ever increasing compliance factors and compliance measures that immigration is instituting within the foreign worker program. I’ll be trying to demystify some of those, and provide additional information so that companies can make sure that they are compliant.

All right, next podcast I have a question that I really-really want people to answer, and our next episode of the Canadian immigration podcast I’ll be discussing something that I think everybody is going to be very interested in, either because they’ve had experience with this, or are going to try to avoid it at all cost. And I’m going to be discussing the most common reasons people have their express entry applications refused. So if you recently had your express entry application refused, I’d love to hear what happened to you.

Leave a comment on the website; you can connect with me on Facebook, Twitter, LinkedIn, all that social media connections. Leave a message wherever it’s most convenient, ideally the commons section of this podcast would be ideal, but tell me why your express entry application was refused. I’ll select the most egregious refusals, and share my suggestion on how to fix the things that caused you grief. Now understand that express entry has been a real-real headache for many people, and sometimes we get bounce backs in applications when we have done nothing wrong, it’s just a computer glitch.

So I’d love to hear your reasons for refusal, what happened, share with us, let’s all learn together, and I’ll select some of the more egregious refusals, some of the worst ones, and see if we can offer any advice or strategies on how to improve that. I also want to reiterate that if you would like to ask me an immigration question, you can always leave that question on the website. There’s a number of different means which I’ve talked about, you can go to the little widget on the side panel of the immigration– The Canadian Immigration Podcast website, and click that and leave and audio message for me, a question.

You can also leave one through our– the form field on the website, or you could even go to the ht-llp.com website which is my law firm website, and leave a question there. I want to reiterate, yes I’m getting a few people who are asking me to assess their chances of obtaining express entry and their– of qualifying through– to being admitted in the portal and ultimately receiving an ITA. So people are wanting me to do comprehensive assessments of their unique background and circumstances, and unfortunately that goes beyond the general kind of applicability of what we’re trying to do here with this free resource.

If you would like me to go through and specifically assess your likelihood of qualifying, that is more on the side of legal advice, and so if you need that specific legal advice go to the ht-llp.com website, my law firm website Holthe Tilleman LLP, and you can go there and set up a paid consultation, and we can go through everything that you need. We can talk about the strategies that you’re looking at employing, we can develop long term plans, we can do all those things that you need, but this site and this resource is purely for general information purposes, just to help people just stay informed of what happening with immigration and what they need to do to give themselves the best chance of success when they do it themselves, so that’s the purpose of this site.

So if you can recognize that, please don’t get offended if I ask you to set up a paid consultation if I feel that your question is just too specific. But this is really designed to get questions from people that are generally applicable so that I can have the most benefit and help the most who are also experiencing those same types of problems. So that’s why we’re doing this. So yeah if you have a general question please-please leave it in the comment section of this podcast, or at any of the other various social media avenues that I’ve indicated.

Also I want to encourage you to subscribe to the Canadian Immigration Podcast on the website, and if you leave me your email address then I’ll forward you notifications whenever we have any changes that are occurring to the site, you’ll get instant notifications, you won’t have to keep coming back to the site to look for them. And also go to iTunes and subscribe to the Canadian Immigration Podcast on iTunes.

I would also love it if you would please just leave a review, good, bad I don’t care, leave those reviews, it helps me to rank higher within iTunes, and then make this more visible to other people who are experiencing the same challenges you are. So I’d love any comments or suggestions you also may have to make this podcast better, and so if you can share the love that would be awesome. Now finally I just want to remind everyone, I announced it in the last podcast that I did, but it is my intention to create a series of Canadian Immigration do it yourself guides.

These are going to be screen casted tutorials on all aspects of Canadian Immigration. The first one that I’m going to release November the 1st, so stay tuned is express entry, no surprises there right, the one that is causing most people the most amount of grief. So if you or anyone else you know is interested in learning more about this, and would like to be notified the moment this is ready, please go to the Canadianimmigrationpodcast.com website, register you email, and then I will notify you immediately when this comes– when this starts to come for release.

So we’re going to have a fantastic launch that will be prepared here shortly in the next few weeks here that will lead up to the actual release of the this express entry do it yourself guide, I’m super excited about it, I think it’s’ going to be awesome. I‘ve poured in all of the knowledge that I have, all of my tips, all of my strategies, that of my staff members as we’ve worked on these applications over the past year, and we’re really excited, super excited because this is going to be a way for us to reach far more people than we’ve ever been able to do before.

I’d encourage you to go back and listen to season one episode one, that I just recorded which explains my rationale for doing this, and I can’t tell you how much I love sharing this information, knowing that it has the potential to bless the lives of people out there. And ultimately it’s all about service; it’s all about trying to help you navigate the complexities of immigration, so that you don’t fall into the same traps that many clients I’ve seen fall into, because they came to me too late.

So this is a way that we can give back, like I said I keep saying I’m excited about it, but it’s fantastic, and I’m– I just can’t wait to read your comments and to hear how your experiences, and to hopefully provide you with some value and something that you can use and be happy with. So this is the end of this podcast, it’s Mark Holthe here sighing off, and until next time when I offer more practical tips and information on Canadian Immigration law, policy, and practice to help you along your way.
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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.

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Well after a considerable delay, I am now re-launching my new and improved Canadian Immigration Podcast. It is likely that I will continue to maintain my second Canadian Immigration “Answers” podcast for a little while longer; but will eventually merge that one with this Podcast.

Now before I get into more details regarding my Canadian Immigration Podcast and what I hope to accomplish with it, I felt it was pretty important that I share a little bit of information about me first.

[Tweet “Canadian Immigration Podcast Season 1 – Episode 1”]

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

• Who I really am!
• Why I created the Canadian Immigration Podcast.
• Why I am in the process of releasing  a series of Canadian Immigration DIY guides.
• Explain how I intend to use this site to offer a ton of free practical resources related to the Canadian immigration process.

Explore Additional Resources

In this episode we mentioned the following resources:

• My law firm website: www.ht-llp.com
• Where I will be speaking next: Seminars and Events

Upcoming 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.

• 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

Read the Transcript

You can read a complete, word-for-word transcript of this episode, [spoiler]Well after a considerable delay, I am now re-launching my new and improved Canadian Immigration Podcast. It is likely that I will continue to maintain my second Canadian Immigration “Answers” podcast for a little while longer; but will eventually merge that one with this Podcast. In conjunction with this Podcast and to better establish a Platform that I can build on, I have also released a brand new interactive website to host all of the content I will be producing through the Canadian Immigration Podcast, and consistent blogs designed to share my knowledge about Canadian immigration with you.

Now before I get into more details regarding my Canadian Immigration Podcast and what I hope to accomplish with it, I felt it was pretty important that I share a little bit of information about me first.

Who I really am!

One promise I made to myself is that I wanted the listeners to my podcast, to know who I really am. There is nothing more irritating to me than these nameless, faceless, websites offering Canadian immigration services without disclosing who will actually be preparing the applications. It is pretty hard to build a relationship of trust with a company. People build relationships of trust and confidence with people. In our world of hyper privacy, it has become almost a sin to share anything personal about yourself on a “professional website.. Well, I do not subscribe to this philosophy. As such, I want to share a little bit about myself. Possibly a little bit more than my wife would want me to share; however, that’s just how I’m wired.

I’m a farm boy. I grew up riding horses, chasing cows, and moving irrigation pipe across our alfalfa fields in beautiful southern Alberta. I had three brothers and no sisters. We were the wild Holthe Boys to all who knew us. We lived a completely carefree life swimming and fishing in the river that flowed by our house, riding horses and basically doing what farm boys do. I loved playing sports as a kid. In fact, I wanted to be a high school Physical Education teacher more than anything because of my love for sports. I played just about every sport I could. The only time I had to choose was when the seasons conflicted. I loved Track and Field and Volleyball the most.

I played collegiate volleyball on the Men’s team at the College in Lethbridge, Alberta in 1991 and then again in 1994-1996, when I served as Captain of the team in my final year.

I had the privilege of competing in the 1992 Canadian Olympic Trials for High Jump in Montreal just prior to the Barcelona, Spain Olympic games. I was completely out of my league at those trials; however, Athletics Canada gave me a B Carding as a result of my performances the previous year (I jumped 2.05m which was the Olympic Standard that year). That carding paid for my flight and gave that farm boy his first taste of flight and travelling outside of our little community. Coming from an entirely English speaking rural farming community, Montreal was like being in a different country. It was one of the most prized experiences from my youth.

That summer following the Olympic Trials, I made one of the best decisions of my life. I decided to serve a full time mission for my church (The Church of Jesus Christ of Latter-day Saints). On October 14, 1992 I left my home and had the amazing experience of serving in Portugal for two years. Much of who I am today is as a result of that wonderful experience. I grew to really love the people and in return they gave me a wonderful second language that has helped me to appreciate the challenges people experience as they attempt to learn English as a second language when immigrating to Canada.

Following my mission I returned home where I married my beautiful wife Dianna. We have four children, two girls and two boys. Making a better life for them was one of the main reasons I decided to become a lawyer. However, law was not my first career. I spent my undergraduate degree preparing to be a high school physical education teacher. I worked for one year as a teacher in a small rural high school near the Alberta/Montana border before deciding to completely shift gears and go to law school. It was during that time working as a teacher that I was introduced to the Immigration Manager of the Alberta ports of entry who suggested I apply to work as an officer on the border in the summer while attending law school. Its amazing how things work out.

After having completed the first year of law school and having worked during the summer on the Canada/US border as an immigration officer, I made the decision to restrict my law practice exclusively to Canadian immigration. I did this because it gave me an opportunity to work with people in a way that made a real difference in their lives. There is no greater feeling than that.

Although I started my legal career in a large national firm and have spent time working as an associate and partner in mid-sized regional firms, I have found Holthe Tilleman LLP to be the best configuration for allowing me the freedom to do what I love without the artificial constraints of billable hour targets and the demands of big firm practice.

I now get the opportunity to utilize my teaching background as a lawyer through my speaking engagements, work shops, and recent venture into Podcasting. I count myself blessed every day for the opportunities I have been given.

If you want to see my full professional biography, it can be found on my firm website: ht-llp.com. Just click on “who we are” and follow the links down to my name.

Why I created the Canadian Immigration Podcast

So let’s get back to why I have created the Canadian Immigration Podcast..

My intention is to make the podcast extremely practical as has been my practice to this point. I will be creating a series of “how to” blogs for a number of different tasks we often ask our clients to do; such as how to obtain Access To Information requests when your immigration application gets refused. Instructions on obtaining police clearances from certain countries, as well as completing immigration medicals will also be coming out shortly. However, because of the background myself and other staff members have had working as officers within Citizenship and Immigration Canada, we intend to share a number of blogs geared towards turning the curtain back a little on CIC and what goes through an officers mind when they are processing applications or admitting people into the country through the various Canadian ports of entry. So make sure that you subscribe to our mailing list so that you can be advised of new content when it comes out.

Finally, over the past few years I have become somewhat frustrated with the limited capacity I have to help people. As an immigration lawyer, my ability to offer service to people has been limited by the fact I only have so many hours in the day. At any given time, I can only assist one person at a time through formal legal consultations or even work on only one person’s application materials at a time. Further, I have spent the last 9 years serving within the Canadian Bar Associations immigration section at both the local and national level. I truly had an amazing time working beside some of the most dedicated, intelligent, and caring Immigration lawyers across the country. Those who truly wanted to give back to our profession and to advocate on behalf of those must vulnerable in our society. I had the wonderful opportunity of serving as the Chapter chair for our local section in Calgary for 2 years and then most recently on our National Immigration Law section as an Executive Member for an additional 2 years. I had the opportunity to participate in the drafting of numerous submissions to the government advocating on behalf of both individuals affected by the flury of immigration program changes that have rocked the entire Canadian Immigration Landscape.

I loved this experience working within the National leadership of the CBA and the associations I made with these wonderful lawyers, but felt that although those efforts were making a difference at a federal policy level, my calling has and will always be at the ground level helping people from all walks of live navigate the complexities of the Canadian immigration system. I officially dropped off the national executive on September 1st so that I can devote all my time to this new venture.

So what does my law practice look like now? Well, I have an office in Calgary, Alberta which I visit weekly to meet with clients, but for family reasons I live in Lethbridge, Alberta located about 2 hours south, where I make my home, raise my family, and spend the majority of my time. Because of practicing in a small town, I do not have the ability to reach the same numbers of people compared with my colleagues living in the large metropolitan cities across Canada.

Fortunately, as our world has become more virtual I have continued to see my law firm grow as word of mouth referrals have consistently kept me busy practicing immigration law exclusively. But I am not satisfied with serving so few people. I want to be able to help many more people than I am currently able to assist.

So after much consideration I have decided to create a series of Canadian Immigration Do-It-Yourself Guides that will provide tremendous practical guidance and step by step instructions on how to complete the various Canadian Immigration applications. I intend to start with Express Entry because that one seems to be giving everyone the most grief lately whether lawyer, consultant, or individual seeking to do-it-themselves. The guides will essentially contain every tip, strategy and ounce of knowledge I and my staff have gleaned working within CIC and in the past 11 years of Canadian Immigration practice.

So why choose to create these DIY guides in addition to the free resources we will be sharing through the Canadian Immigration Podcast? The answer is pretty simple.

As an immigration lawyer, my legal fees are not cheap. I act for many large multinational companies and high net worth individuals who value the service I offer and are willing and able to pay these rates. However not everyone seeking entry to Canada can afford to hire an immigration lawyer. It is for these people that I have been most concerned. In the past year, there has been a significant shift in how CIC processes immigration applications. For many years, CIC was more than willing to accept immigration applications that were mostly complete, but with some technical deficiencies. In these circumstances, people who submitted deficient applications received a letter from CIC explaining what was missing. These people were often given 30, 60 or 90 days to providing the missing information before the application was refused.

Unfortunately there has now occurred a significant shift within CIC in how immigration applications are being processed. In an effort to streamline the adjudication process, and to save money, CIC has now shifted substantially to a “one touch” policy. Essentially what this means is that if there’s any deficiency within the application; regardless of how insignificant, they will choose to return the entire application versus holding it in the queue and asking you for the missing information. They are quick to return the processing fee; however, for individuals who are relying desperately for an application to be processed in a set period of time, having this occur can be devastating.

Because the stakes are so high, there have been many people that have had applications refused with the consequence of losing the opportunity to come to Canada temporarily or in the worst case scenario see their dream of living in Canada permanently shattered. This may seem overdramatic; however after having hundreds of people contact my office for assistance this year alone only to be told it was too late and that they would likely have to return back to their home county, I know first hand how volatile this entire process is and the real effect it can have on individuals and families that are simply trying to make a better life for themselves.

So this now sets the stage for the circumstances leading up to my decision to create the Canadian Immigration Podcast and my Do-It-Yourself Guides. As I just explained, in the previous CIC world of “deficiency letters”, a small oversight or omission within an application was not fatal. CIC would simply send out the deficiency letter after having done the completeness check.

In fact, many immigration representatives, whether dabbling lawyer or immigration consultant were able to benefit tremendously from this policy. They would never have to spend too much time becoming an expert in the area because CIC would just tell them what was missing from the application after it was filed anyways. This standard practice made many lawyers and consultants quite a bit of money without adding any value to the clients that paid them. In fact, most of these “light weight” representatives would simply have the client fill in the application form themselves anyways offering no greater value than being the one to mail the application off to CIC. No wonders they are able to charge $250 for an application that I would charge $2,000.

However, in today’s Canadian Immigration world, a great levelling effect has occurred amongst representatives. Dabbling lawyers and incompetent consultants can no longer hide their ineptness behind CIC’s old policy of requesting deficient information. If something is missing, or incomplete with the application package, an applicant receives the whole package back requiring them to have to resubmit everything once again. Often the refused application can take months to come back. In the case of some foreign workers reaching the 4 year cap on their work permits, this leaves them in an absolutely fatal position because there is often no further options available to them to remain in Canada longer because they were relying upon the permanent resident application to grant the authority to extend their work permits through the bridging work permit program. Without the valid work permit, they are no longer eligible to apply for PR. CIC offers very little sympathy to these individuals and after spending years establishing themselves in Canada, their dreams are dashed because of a simple oversight that could have easily been avoided.

Nearing the end of April 2015, when the first group of foreign workers were capping out, I realized that continuing to operate my law firm in the fashion that I was doing, would significantly limit my ability to actually help individuals who desperately needed assistance. I had already written a series of blogs at the end of 2014 and the beginning of 2015 to provide general advice and direction on some of the options that could be available to foreign workers facing the 4 year cap on their work permits. I knew that many of these individuals would have no where to turn for advice, so tried to make the blogs as practical as possible. I also wrote a number of blogs on the new express entry system to try to help these individuals who had nowhere else to go. These blogs continue to receive high traffic today even after 8 months. I also lowered my consultation fee in an effort to make my legal services more affordable. ; However, I could never provide sufficient value to these individuals in a 30 minute consultation to give them a solid starting point for completing their applications on their own. I could point them in the right direction to go; however, there were so many mine fields and pit falls along the way that even when I gave them specific instructions on which applications to make in order to stay in Canada, inevitably a tiny mistake within the application package would get it rejected and there was nothing I could do.

Despite the fact I lowered my consultation fee, individuals were still unable to afford the flat fees I charged for the various immigration applications. Often these individuals would turn to representatives that claimed to offer the same service but for much less than I charged. However, in many cases, the old adage “you get what you pay for” became a reality more often then not. These same clients would come back willing to make whatever sacrifices were necessary to pay my fee for assistance; however, it was often too late.

Because of this, the only solution I could think of was to start the Canadian Immigration Podcast, attempt to answer questions of general importance to people accessing the Canadian immigration system, and create a series of DIY Guides that could be offered at a fraction of the price of what I charge in legal fees. As I stated previously, my hope is to offer answers to immigration questions that could be broadcast to a much greater audience than just those people that could afford my legal fees. I tend to get many of the same questions all the time, so what better way to amplify my knowledge and experience than to host a weekly podcast show where I shared my knowledge freely with anyone who cared to listen.

Obviously there is only so much you can do through a weekly podcast. However, if the information I provide can give people a even a little help in completing their applications on their own, then my purpose would be accomplished.

Clearly these guides are not meant to replace the value of seeking personal legal advice from a qualified representative; however, the tips, strategies and suggestions included in the guide will give people solid information on how to avoid common mistakes and practical tips that they could never get without actually hiring a representative. Let’s face it, many individuals who may benefit from this DIY guide would likely never hire me in any event because my legal fees are too high. However, they may be more willing to purchase a guide from someone they can trust to help them along their way. In this fashion, I feel like I am actually giving back to many people who may have nowhere else to turn for help. I won’t get into the dangers of hiring the cheapest lawyer or consultant as your representative; however it goes without saying that if the professional fee you are paying seems like a “real deal”, there is likely a very good reason why the fee has been set at the rate it is.

With all of this being said, by charging a small fee for this DIY guide, I can then afford to improve on the quality of the DIY guides and put more resources into enhancing the Platform of free services offered through the Canadian Immigration Podcast website. Which can be found at the canadianimmigrationpodcast.com.

I will continue practicing immigration law in the traditional way I always have, but through the money I am able to earn from these initial guides, I will be able to create others and continually improve upon them year upon year. My goal is to create a wonderful library of DIY guides to provide assistance to anyone that just needs a little assistance to help them along their way.

I hope you find the resources on the canadianimmigrationpodcast useful. However, one of the most important reasons I set up the website was to get feedback from you. Not everything I do will be perfect. I am sure I will make mistakes and that is where you come in. On every blog, podcast and guide there will be a comment section for you to share what you think of this resource. I will rely heavily upon the members of my Canadian Immigration Podcast community to offer feedback on what I am doing well and where I need to improve. I will never pretend to have all the answers. Clearly there are many wonderful immigration lawyers out there that are smarter than I am. I know because I worked side by side with them in the trenches of the Canadian Bar Association fighting for principles that the average person would likely never have been aware of.

However, it will be your comments, suggestions, and personal experiences dealing with CIC that will really bring life to the Canadian Immigration Podcast. If you notice a mistake, or have any suggestions for improving the DIY guides or any content on the site or within my Podcast, or have other suggestions that have worked well for you, I would be happy to give you credit if the suggestion lands in the next version of the DIY guide. After all, in the new world of CIC which is lacking of clear and transparent policy and guidelines, sometimes the only way you can really know what to do is to learn from the recent successes and failures of colleagues and friends. With this being said, I want to emphasize that these DIY guides are meant to be used in conjunction with CIC’s existing application guides, policy and instructions. I do not intend to simply recreate or repackage the good resources that CIC has made available to the public. These resources are created as a supplement to what CIC has produced in an attempt to fill in the numerous gaps that exist within the current publicly available materials. You will note that I intend to frequently refer back to the CIC website and provide links to other useful information in a way that makes it easier for you to find.

Finally, if you find this information helpful, the best thanks I could receive is for you to recommend it to a friend. There are numerous places to share this Podcast as well as the blogs and other guides through your various social media channels. Twitter, Facebook, and LinkedIn tend to be the ones I frequent most. However, I would also ask you to leave a review on iTunes which will help the Podcast to rank higher in the rankings and hopefully become more visible to others who could benefit from this information. I always feel a sense of urgency with immigration because it changes so frequently. As such, the content I provide is going to have a fairly short shelf life. So share this resource with anyone you know and stay tuned to the release of my very first DIY guide on Express Entry which will be coming out on November 1, 2015.

You can go to my website: canadianimmigrationpodcast.com for further information and to subscribe now to be notified when it is ready for distribution. You can also stay tuned to future Podcasts where I will be discussing the content of the DIY guide in a little further detail leading up to its launch.

In my next Podcast, I will provide my list of the first 5 essential steps you must take before attempting to submit your Express Entry profile. Because I want this to be an interactive process where we can all learn together, I would like you to submit your thought on what you think are the most important steps to take before filing your Express Entry profile and you can compare your answers with mine during the Podcast.

I also intend to take a few listeners questions at the end of the Podcast, so please go to my website, at canadianimmigrationpodcast.com and leave your question. You can do so by clicking on my contact page and leaving a written question through the fillable form. You can also connect with me on facebook, twitter, or LinkedIn and leave your message there. Finally, my preference is that you click on the “Ask an Immigration Question” widget on the right side panel of the website and leave a voice message. In this manner, I can include your question directly within the Podcast itself.

I will try to focus on questions related to the Express Entry program; however, if I get some really good questions that deal with other areas of immigration, I may just include them as well.

In future Podcasts, I will be addressing some of the common mistakes people make when submitting their Express Entry Profile. Sometimes we are seeing Express Entry applications getting returned by mistake when the applicant did nothing wrong. It is in these infuriating circumstances where I really want to hear from you. If you, or someone you know had their Express Entry application returned or outright refused unfairly, I want to hear about it. Share your worst horror stories with me and I will share some of mine with you at the end of the Podcast.

If any of you HR Managers out there who are responsible for managing the foreign worker program within your company, or anyone interested in learning more about the recent changes to the Temporary Foreign Worker Program, are going to be in Lethbridge on September 23, 2015, please come here me speak at the Human Resource Institute of Alberta’s Canadian Immigration Law Event. I will be giving a 2 hour presentation at the Lethbridge Lodge. You do not have to be a member of the HRIA to attend. You can go to my law firm website: www.ht-llp.com and click on Seminars & Events to find information on how to register.

I will also be speaking at the Canadian Institute’s Immigration and International Workers Forum West at the Marriott Hotel in downtown Calgary, Alberta on October 27-29th . I will be conducting a pre-conference hands on workshop on Oct 27th entitled “Working through Labour Market Impact Assessments and then presenting a special session on Ensuring Employer Compliance the very next day on the 28th. You can find information on how to register on my firm website ht-llp.com as well.

Well that is all for this inaugural episode of the canadianimmigrationpodcast. As a final sign off, I will leave you with a wonderful little song (at least I really like it) that pretty much sums up why I created the Canadian Immigration Podcast and how I feel about this dear country of Canada, my home and native land. Until next time when I offer more practical tips and information on Canadian Immigration law, policy, and practice, to help you along your way!
[/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

Question [Holthe Tilleman LLP website]:

Thank you for posting such useful information on your website. I wanted to ask whether the jobs advertised on the Job Bank were those that already have a valid LMIA, or whether an LMIA must be sought for once a potential job offer is extended by an employer.

I have received a CRS score of 393 after submitting my profile into the Express Entry pool. Given the fact the lowest CRS score awarded so far is only 451, can you offer some tips on how to increase my score so that I can get drawn?

[Tweet “Tips for increasing the chances of getting an ITA for Express Entry”]

Listen to Mark Holthe’s Answer

In this episode, you’ll discover:

• how the Job Bank works with Express Entry
• how employers connect with potential candidates on the Job Bank
• tips for increasing your Comprehensive Ranking System score
• a case study of who has qualified to receive an ITA so far
• what you need to get drawn without a job offer

Explore Additional Resources

In this episode we mentioned the following resources:

• Job Bank: www.jobbank.gc.ca
• National Occupational Classification System (2011): http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
• Express Entry System: http://www.cic.gc.ca/english/immigrate/skilled/index.asp
• Express Entry – Rounds of Invitations: http://www.cic.gc.ca/english/express-entry/rounds.asp

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]With Citizenship and Immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian Immigration podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice.

Please welcome, ex-immigration officer and Canadian immigration lawyer, Mark Holthe as he answers a wide variety of immigration questions and shares practical tips and guidance to help you along your way.

Welcome back to the Canadian Immigration Podcast. This is one of our immigration answers segments. And today our question comes from Han and it came from via the “ask an immigration question form” on our website ht-llp.com. I’m still waiting for someone to leave a voice message on the “ask an immigration question” widget that’s on the right side panel of the website. I’d love to actually include an audio question versus me reading the questions that are sent via the fillable form. However, that’s just fine. We’ll move forward.

Han indicates the following; hi Mark, thank you for posting such useful information on your website; wasn’t that wonderful. I’m glad someone is getting some benefit from this, because in all honesty, I’m never quite sure. He goes on to say, I wanted to ask whether the jobs advertised on the job bank were those that already had a valid LMIA, or with the hunt for LMIAs only apply once a potential job offer is given? Han, that’s a great question. So when CIC set up express entry, they created a matching process, an employee matching process through the job bank where employers post their jobs, and the employees themselves then go forward and once they’ve submitted their express entry profile they have to register on the job bank with their profile there.

So when employers post their advertisements, they will get a report of potential candidates who have close to or the skill sets and education that they need to fill the position they are seeking. So Han has asked whether those jobs that are advertised on the job bank already have LMIA supporting them. In most cases Han, I would have to assume that a lot of the positions are linked in some respect with the LMIA process. It’s really difficult to tell if that position that’s being offered is one that is being posted, because they already have a foreign national that they have identified and are now going through the motions that Service Canada requires them to do in order to get an LMIA.

I would have to say that in most cases the ads that have been posted are probably not people with open LMIAs waiting to fill them with potential candidates in the pool. In most cases what happens, and I keep saying in most cases a lot, I apologize for that. Usually what happens is the employer, if they do have a job that they are offering will wait to identify you before they start the actual LMIA process. And so although you submitted your profile into express entry and have posted that profile on the job bank, if there’s a match with the employer, often that employer if they haven’t already identified someone would then select you and then at that stage start the process for obtaining an LMIA.

Now this whole process is quite new as we assist employers who have already identified foreign nationals that they wish to extend a job offer to. As we assist them, we can see that the job bank does provide a list of potential candidates who meet the requirements of their job, which obviously an employer needs to reach out and speak to. But if you are a foreign national, they have no obligation to talk to you at all unless you are the one that they ultimately are trying to obtain the LMIA for in the first place.

So it’s a little bit of a situation of being damned if you do and damned if you don’t, but in these circumstances, by getting your profile into the express entry queue, if an employer is not in a big hurry to have someone come, then they will potentially at least this is the theory of it, go to the job bank and say, “Here’s some people that are already ready and willing to immigrate permanently to Canada and fill a position for me. And so if I select them and then obtain an LMIA for them they would be guaranteed permanent residence, and they’ll come over and I can hire them in any capacity including the one that I’ve advertised once they become a permanent resident,” versus going through the old temporary foreign worker program.

But in all honesty, at this stage, we are not really seeing a lot of employers utilizing this wonderful e-harmony matching process to find potential candidates. Maybe that’s attributed to some extent because of the down turn in the economy, and they are just not as many companies looking to fill labor shortages because they are not as many. We are not sure if that’s the factor or really if just the system is just doomed to languish in mediocrity and not really be of any use to companies because it’s not practical. It’s hard to tell for sure. One thing is for sure when it comes to foreign nationals who are posting their profiles on the job bank, you have to do it regardless, so it would be wonderful if someone actually contacted you, but at this stage we are kind of in a wait-and-see position.

Han then goes on to indicate that the online tools gives me a score of 393, but I need to bump this up. And then he asks if there are any strategies for doing that, for increasing the score. Well let’s take a look at what we’ve seen historically to date. So as of all the draws that have occurred over the last little while since the program express entry was created in January the 1st or was rolled out, the lowest score that has been released by the government is 451 on July the 18th.

So what I did was I went through and I looked at all of the various human capital factors and skill transferability to see what a potential candidate, or a typical candidate would like who would have been able to succeed on that lowest draw of 451, to see what they would have required in order to have been given an invitation to apply, notwithstanding the fact they did not have a job offer and did not have any Canadian work experience. So basically someone who’s outside the country looking to immigrate to Canada through express entry.

So let’s pretend that this individual is single. Well, a typical example or the one that I can give you would be, say a 32 year old individual who had a Masters degree, at least a Canadian language benchmark score of 9 across all disciplines for English: listening, reading, writing, speaking, and at least three years of work experience in their field at a skilled level. So that type of an individual who is in the right age bracket, 32 is actually just a little bit higher than the 29 maximum, but you would still get 94 points for that. So you’ve got someone who is in the range of 32 years old, has a Masters degree, really good strong English, over a 9 on the Canadian language benchmark, and has at least three years of skilled work experience. Those individuals would likely get around 453 points or so, give or take.

So that’s kind of the individual that you are looking for, at least the government at this stage is looking for when they set the point threshold at the lowest point total which was 451. So if you think about that, what are the ways that you can increase your chances? Well obviously the things that you can control. If your language skills and your English is not as strong, well that’s an absolutely wonderful way of doing it. There’s not much that you can do about your age. So the longer you wait, depending on what your age is, the more those points are going to drop. And they do drop pretty quickly.

From an educational stand point, you do get more points if you move from a Masters degree to a PhD. And then ultimately that skilled work experience is really important. So make sure that you getting work experience that is classified on the National Occupation Classification system which is the one that the government uses, the 2011 version, that your position is considered skilled. In other words, that is skill level B, A or 0. But for all intents and purposes, it’s just not terribly easy right now to be able to qualify for permanent residence through express entry if you are not currently working in Canada, or have a company in Canada who is willing to extend that magical job offer.

And what I mean by that is that job offer is one that is supported by a Labor Market Impact Assessment. And if you go to the website, the Citizenship and Immigration Canada has set at cic.gc.ca and you review the requirements for express entry, you’ll see that under the comprehensive ranking system and their scoring system, you get 600 points right off the butt for obtaining a job offer from a company that is supported by an LMIA, a Labor Market Impact Assessment. And really anyone that has that LMIA will be guaranteed to be drawn.

So those, it doesn’t matter what you are as long as you’ve got that minimum one year of skilled work experience to get into the whole queue, then if you’ve got an LMIA supported job offer, you are set. So I wish that there was an easier pathway for Han here, because I suspect he’s outside of the country, and is looking to try and find a way to connect with a Canadian employer so that he can get those magical 600 points. And especially today with the downturn in the economy that’s just not a real easy thing to do. So increase your English, just to summarize and see if you can increase either your education, or any of the other human capital factors such as your language ability and that will get you a few more points and maybe just maybe, enough to receive one of those magical invitations to apply for permanent residence.

All right, if you have a question that you would like to leave for me and have the answer podcasted back, please go to our website www.ht-llp.com and leave a message there, a written one or you can leave it on that little widget, the “ask an immigration question” widget that’s on the– located on the right side panel of our website. I also wanted to take a moment now to announce very shortly and possibly even by the time you are listening to this, the release of a new website, the Canadian Immigration Podcast website, hosted by myself, Mark Holthe where we will be answering a lot of different questions. We’ll also be having a more comprehensive podcast that covers Canadian law, policy, and practice.

And we’ll be giving some hands-on, well not hands-on, but some pretty specific guides and directions on doing a lot of different things when it comes to applying for Canadian immigration and everything from– you’ll find resources on how to request access to information when your application is refused, those [inaudible] [0:12:27] we are going to have instructions on how to obtain police clearances and tips for medicals and all these kinds of things that are just little practical things people take for granted, but some of you were hoping will find this information useful. The whole goal is to try and create a location that people can go to for simple answers to their basic immigration questions.

It’s probably a good time now also to identify that if you have a specific question that’s related to your unique circumstances and you send me an email, and sometimes people ask me do I qualify for express entry and they’ll give me all their human capital factors. That is not something that I would be able to respond to through a generic podcast answer. So individuals in those circumstances, I’ll apologize in advance, but I won’t be able to answer those questions. You would need to set up a paid consult, where we can go through and provide a legal opinion as to whether or not you would qualify for express entry, and also canvas all the options that might be available to you.

So you can go to our website ht-llp.com to book a paid consult with myself and we can do a little one on one coaching and a legal consultation. But if you have your general immigration question, leave it with us and we’ll be happy to try and answer it when it comes in. Thanks so much, and we’ll talk again soon.

Thank you for listening to the Canadian Immigration Podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.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

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

Question [Holthe Tilleman LLP website]:

Hi Mark,   I am in the process of applying for PR to Canada. I am finishing my MBA in December and I am currently working in the IT sector as a Business Analyst  (California, US).

My questions are:

1. Does it matter what my grades were when I completed my Masters?
2. Is a Business Analyst considered as a skilled job in Canada ?
3. I have 5+ years of experience in Banking and IT , would that help my case?

[Tweet “Express Entry – Are grades important for ECAs”]

Listen to Mark Holthe’s Answer

In this episode, you’ll discover:

• the role grades play in Educational Credential Assessments
• whether a business analyst is considered a skilled job for Express Entry
• how to determine if your position is skilled for Express Entry
• our new Canadian Immigration Podcast song

Explore Additional Resources

In this episode we mentioned the following resources:

• Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/index.asp
• Educational Credential Assessments: http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp
• National Occupational Classification System (2011): http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]With Citizenship and Immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian Immigration Podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice.

Please welcome ex-immigration officer and Canadian immigration lawyer, Mark Holthe as he answers a wide variety of immigration questions, and shares practical tips and guidance to help you along your way.

Well hello there, welcome. Today is Friday September the 4th and this is the Canadian Immigration Podcast, the Canadian Immigration Answers edition. I have a question that I’ve received from Grove [ph]. And once again I’m going to encourage everyone to test out that “ask an immigration question” widget on the side of our website ht-llp.com, and you can leave a voice message for me and then I can transcribe it or cut and paste it right into the audio file here for my podcast, so that you don’t have to listen to me mispronounce your name. Grove’s question is as follows.

I am in the process of applying for PR to Canada. I’m finishing an MBA in December and I am currently working in the IT sector as a business analyst in California. However, he says, my questions are as follows. One, does it matter what grades I have obtained in my previous Masters, and he indicates he completed his Masters of Science and Finance from Scotland. He actually has two other questions, but I’ll start with that question.

Fortunately and I haven’t actually been asked this question in the past, Citizenship and Immigration Canada doesn’t concern themselves too much about the grades as long as the credential was received. So if you are to go forward which I would encourage, and obtain an Education Credential Assessment from one of the designated entities that are designated to do that by CIC, they will be able to confirm exactly what that would equate to for the purposes of applying for permanent residence in Canada. But with respect to that question and what grades you received those are irrelevant for the purposes of immigrating.

The second question is, as a business analyst, is this considered a skilled job in Canada. With many positions, it’s pretty straight forward to determine how they would classify in terms of the skilled or low skilled distinction that the department of Citizenship and Immigration Canada uses when determining who they want to apply for permanent residence and who they don’t. In the case of a business analyst, you can go to the National Occupational Classification system, and make sure that you are looking at the 2011 edition, because that is what’s used for the purposes of permanent residence right now with CIC. And you will see that business analysts are classified under the National Occupational Classification system as not code 1122 under the professional occupations in business management consulting.

If you go to the matrix on the NOC 2011 website, and you open that up, and you search for the unit group associated with this position, you will see that it falls under skill level A, which is the occupations usually requiring a university education. So for the purposes of business analysts, yes indeed they would qualify for express entry as being skilled work.

And then the third question is, I have five plus years of experience in banking and IT. Will that help my case? Well in all circumstances, what Citizenship and Immigration Canada is looking at is whether or not you have skilled work experience. So the experience that you’ve acquired here Grove in banking and IT would have to be at the skilled level. And once again you take the job that you performed; you look at the duties that you performed, and find the corresponding position profile that is listed within the government of Canada’s National Occupation Classification system version 2011.

All right, I hope this answered those initial questions for you and anyone else who had similar related questions. Now I want to encourage you to go to my website www.ht-llp.com, and leave a question of your own if you would like me to answer it. If your questions are fairly general in nature, I do try to turn them around in the version of a podcast. However if they are really specific, then often I’ll have to tell you that we would actually need to set up a paid consult, because the type of information I would be giving is related mostly to your specific case and wouldn’t be of general use to necessarily to everyone that’s listening to this podcast.

So I hope you can understand that when you do get that email back, but if you do have general questions regarding anything related to permanent residence or work permits or really anything related to Canadian Immigration. If I don’t have the answer, I can probably figure out who’s best to answer that for you. I also wanted to let everyone know that very shortly we will be releasing a new website called the Canadian Immigration Podcast hosted by myself Mark Holthe. I’m really excited about that. It should be released in the next couple of days. And yes, thank you for that question Grove and I look forward to answering further questions in the future. Take care.

Thank you for listening to the Canadian Immigration Podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com.
[SONG]
Oh Canada, greatest country in the world,
We want to share, the richness of your soil,
This place I love my home and native land,
We welcome all and with you we’ll stand,
We’ll set you straight with love, policy, and practice,
Here on the Canadian Immigration podcast.

I am your guy, for info that’s up to date,
Help with your forms, or whatever you might need.
This place I love my home and native land,
We welcome all and with you we’ll stand,
We’ll set you straight with love, policy, and practice,
Here on the Canadian Immigration podcast.

To visit work or learn and grow,
If you need help we’ll meet your goals,
We’ll hold your hand; we’ll make it so,
Here on the Canadian Immigration podcast,
Here on the Canadian Immigration podcast.
Here on the Canadian Immigration podcast.
[/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

Question [Holthe Tilleman LLP website]:

I would like to inform you that I received an average score of  5.5 on the IELTS general exam. (Speaking: 6, Listening: 5.5 , Reading: 5.0 and Writing 5.0 = 5.5).

[Tweet “What are the minimum language scores needed to submit an Express Entry profile?”]

Listen to Mark Holthe’s Answer

If you would like to assess whether your IELTS score is sufficient to qualify for Express Entry you can go to the following links:

• CLB Tables: http://www.cic.gc.ca/english/immigrate/skilled/language-testing.asp
• Language Requirements – Skilled Immigrants – Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/language.asp

Read the Transcript

You can download a complete, word-for-word transcript of this episode Here OR [spoiler] With Citizenship and Immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian Immigration podcast was created to fill this part by offering the latest information on Canadian law, policy, and practice. Please welcome ex-immigration officer and Canadian immigration lawyer, Mark Holthe, as he answers a wide variety of immigration questions and shares practical tips and guidance to help you along your way.

Welcome to the Canadian Immigration Answers podcast this beautiful summer afternoon of August the 19th 2015. Today our question comes from Sayad and it is a question that I get quite frequently. It relates to the language testing requirements that the government has imposed for those people who are looking to apply to immigrate to Canada under the wonderful new express entry regime that was imposed earlier this year on January the first. This question as I indicated, relates to the score that Sayad has received and whether or not he would be eligible to enter into the express entry pool. So I’ll do my best to read Sayad’s email that was sent to me through the contact form on our website found at ht-llp.com.

If you have a question that you would like to leave with us, please go to our website and you can leave a message through our contact us form, or alternatively you could click on the widget that is attached on the right side bar and leave a voice message for me. If you choose to do that and the voice quality is good enough, then rather than me trying to read Sayad’s email here, we can just cut and paste his audio file directly into this podcast, and then you can hear yourself. So if you would like to do that please go ahead and do that. Well, let’s proceed forward with Sayad’s question. He indicates here, I would like to inform you that I have got a score of 5.5 in the IELTS general exam.

So what Sayad has done here is he is gone forward and he has written one of the designated tests for English, one is through the IELTS and the other is the CELPIP. And those two different testing organizations have been authorized by the government to assess the language ability of English speaking applicants, who wish to apply for immigration to Canada, and really any other immigration program that Canada has that use these two types of language tests. It would probably be a good idea for me to indicate that if you are a candidate that is currently working in Canada, and you’ve really gained a lot of your English ability through your work experience and your time spent in Canada, I often recommend to my clients that they apply to take the CELPIP.

Register I should say the CELPIP exam versus the IELTS, because sometimes the IELTS is more of an international English, UK, Australia type accent and I find sometimes even the vocabulary is a little bit different. And when you are under the gun and the test really does involve a very fast paced question and answer process, sometimes it’s hard to understand what’s being asked with the IELTS if you’ve learned your English here in Canada. Not that there’s a significant difference, but I have heard some candidates, some clients I should say, that have found the CELPIP test a little bit easier if they are living here in Canada. Now with Sayad he is not in Canada, he is actually outside of Canada and because of that the IELTS is the option that is available when you are applying from outside Canada.

So back to Sayad’s score, he said he received a score of 5.5, and that’s his average score. He indicated that he scored a level 6 for speaking, 5.5 for listening, 5.0 for reading, and 5.0 for writing. On the Canadian citizenship and immigration Canada website, they have a place where you can take your score, and they have a chart that tells you what your scores would be if it was translated to the Canadian language bench mark which is the standard that Canada uses.

In the case Sayad here, his scores that he’s achieved here would not meet the requirements of express entry, and I’ll go back now and I’ll tell you why. Canada has instituted a minimum standard of CLB 7 for federal skilled worker applicants. So anyone seeking to apply through the express entry regime from outside of Canada will have to go through the federal skilled worker program, or the federal skilled trade if they are in a trade level position.

We’ll later see here that Sayad is actually a mechanical engineer, but in the case of Sayad he must meet a CLB level 7, and unfortunately his score that he has here would not allow him to meet that level. In fact he would need to have at least a score of six on each of the speaking, listening, reading, and writing. So really any other questions that Sayad has regarding his qualifications and eligibility to submit his application through the express entry regime, will have to be left for another day, and he is going to have to go back to the drawing board and improve his English just a little bit more in order to meet that initial threshold. So Sayad I’m sorry to give you the bad news, but your language scores would not be sufficient to qualify under express entry.

This concludes the question and answer portion of our podcast for today. I have a few other questions that I’ll be answering as well in other podcasts, but I find it’s just a little bit easier to compartmentalize them. In the coming weeks, I’m going to be transitioning my Canadian Immigration Answers podcast into my Canadian Immigration podcast, and that is going to be the platform that I’m going to be building from going forward. At the end of the Canadian immigration podcast, I will have a series of questions that I’ll be answering, probably four or five from listeners and from other individuals who are seeking direction with their immigration questions. And so that will be the changing format, but at this stage I’m going to continue to do these short little podcasts that answer these one off questions, and hopefully you find them useful.

If you do like what you hear, please share it with anyone that you feel could benefit from it, and as I indicated earlier on the podcast, do not hesitate to send me a question. Now I’ll give the caveat, I can’t always answer every question that’s asked. And the volume of questions that I get I try to pick out ones that are going to be of general use to the most people who are listening to this podcast. And if you have a specific immigration question that relates in a more complex way to your unique circumstances, and you really need more specific advice in fact legal advice, then I recommend you reach out to me through our firm website Holthe Tilleman LLP, and the website address is ht-llp.com, and we can set up a paid consult and I can help you directly one on one.

However if you have just general questions, don’t hesitate to leave them through our contact form on our website, or through that little ask an immigration question widget on the right side panel of the website, and I’ll be sure to — I try to include it in our next podcast. Thanks so much, and look forward to doing this again soon.

Thank you for listening to the Canadian immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark please visit www.ht-llp.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

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.

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Question [Holthe Tilleman LLP website]

I am an international graduate on a three year Post Graduate Work Permit.  My work permit is going to expire in April of 2016. I submitted my application through the AINP in February of 2014 as a food service supervisor, which is still in process.

1. Should I try to submit my application through Express Entry without a Labour Market Impact Assessment or continue to wait for my AINP application to be approved?
2. My company wants to promote me to a new position as a sous chef but I do not want it because it could affect my AINP application as a food service supervisor. Should I take that position or not?

[Tweet “Should I apply under Express Entry or wait for my AINP application to be processed?”]

Listen to Mark Holthe’s Answer

Read the Transcript

You can download a complete, word-for-word transcript of this episode here  OR [spoiler] Welcome to the Canadian immigration podcast. Today is August the 5th 2015. Today’s question comes from Ripu, and I hope I’m pronouncing Ripu’s name correctly. With that being said, those of you who would like to leave a question for this podcast, another alternative is to leave a voice mail message for me on the website, and there’s a widget that is on the right side of the website. And if you would like to leave me a question, you can also leave a voice message for me with your question in that fashion, and if the quality of the voice is sufficiently clear, I will input your question into the podcast directly so that I don’t have to read it and mispronounce your name. Anyway, so Ripu sent me an email on August the 2nd and its entitled AINP. So we know that this is going to be related to the Alberta Immigrant Nominee Program. So I suspect Ripu is here living in Alberta and practicing.

He indicates here in his message, “Hi mark. I’m an international graduate on three years’ post grad work permit. My work permit is going to expire April 2016. I have applied for my AINP in February of 2014 as a food service supervisor which is still under process. So my question is what should I do before my work permit expires? Should I try express entry without an LMIA, or wait more for the AINP. And my second question is my company wants me to be promoted to a Sous Chef, but I do not want to take it, because my AINP is entitled as a food service supervisor.” And his question is obviously, “can I take that position or not?”

So as can be seen from Ripu’s situation here, he is on a three year post grad work permit that cannot be extended without an LMIA. And his first question basically revolves around what should he do? So as time is running out, we know that the processing times with the Alberta Immigrant Nominee Program are lasting a long time, upwards of 25 months. This is not a first day and first out process.

So just because you submitted your application before another candidate doesn’t necessarily mean that your application will be processed first. The AINP has the ability to determine which industry they are going to allocate the nominations that they’ve been given. And each year currently they have a quarter of 5,500 nominations. And over the few years, the food service industry has dominated the number of nominations that have been granted.

So because of that, the program manager, Bratcher Fan has had a very difficult job in determining which industries would receive the nominations. And he has done his very best to allocate them evenly amongst the industries that are in demand, and to not over favor any one industry over another. So unfortunately for Ripu, the likelihood of the nomination coming through any time soon is probably a little bit more remote.

Now there’s no guarantee, and I’m sure if I asked everyone to comment on this particular podcast what their experience is, we would find many people that have had their AINP nominations extended, who have actually submitted their applications after Ripu, and others that maybe in the exact same situation who have not received their nominations from the province. Obviously as an immigration lawyer, it has been extremely difficult for me to properly advice people on what to expect, because there’s often no rhyme or reason as to what happens.

So on the case of Ripu here, he asks “Should I try to file through express entry without the LMIA or should I wait?” Well, one piece of advice that I’m giving all of my clients and all individuals who ask is to apply under every possible category that you qualify under, because of the uncertainty that citizenship and immigration Canada has created. In other words, because no one is guaranteed a nomination through the province, or even guaranteed an invitation to apply through express entry. As a result of this uncertainty, every single person should apply under every category that they have the option of applying under. You can have multiple permanent resident applications. You just can’t have multiple sponsorships if you are sponsoring a family member.

So if you want to file under one of the Provincial Nominee Programs or submit another application through express entry, then by all means submit them because with no guarantee, it’s best to cast that net wide and give yourself the absolute best opportunity of success in the end. Let’s face it, if you have an express entry application that is nearing completion and you have a PNP application that is still in the queue, once the express entry goes through, then you can simply withdraw the Provincial Nominee Program application.

Now some people may say, “I have to pay $550 as a processing fee to submit that application,” and that is true. So there’s some cost to this multiple application strategy. However, if the difference is being able to remain in Canada as a permanent resident and not, then I can tell you I know very well which option that I’m going to choose for $550 which is a lot of money. If it’s difference between being able to stay in Canada and having to return home wherever that home may be, I know what I’m choosing. So I recommend for Ripu that you actually do proceed forward with express entry even though you do not currently have an LMIA.

Ripu’s second question relates to whether or not he should allow his employer to promote him to a position of a Sous Chef from his current position of a food service supervisor. And the reason that’s an issue is because his AINP application appears to be tied to that position. So there are a number of different categories that Ripu could have applied under. Ultimately the post grad work permit, I don’t know where that was obtained. But there’s international graduate category, there’s also within the strategic recruitment stream, there’s a post graduate category, or there’s the employer driven stream. And so depending on the type of application that Ripu applied for, it may be critical that he remain in that position.

Now over the last few years, the AINP has not been as willing to allow an employer to move an individual to a different position when an application has been in the queue. It just creates more work for them and with high volumes of applications they are really looking for every opportunity they can to bounce applications. Now ultimately it’s possible for Ripu’s employer to reach out to the AINP and say, “Hey, we are looking at promoting him to a Sous Chef position.”

They would obviously at least over the next little while, because he’s under the post grad work permit category, at least that’s his work permit. He can be promoted to that position without need for an LMIA or any other change, but it is possible for the employer to reach out to the AINP and ask them what they– you know if it’s possible for them to continue to support his position as a Sous Chef, and to make sure that he doesn’t lose his position in the queue.

Now there’s no guarantee of that, but that’s something that I often will instruct my clients to do, or we would do on their behalf. We would reach out to the AINP and ask them for direction. There’s no policy on this, so it’s difficult to know for certain how they would treat this. So with respect to that, I think that’s really the issue. Ripu needs to decide if the position that he’s going into as a potential Sous Chef, if it makes sense for him to do that based on whatever the AINP says.

So one thing we’ll find as we go through these question and answer process with the Canadian Immigration Answers podcast is that there are often no clear and decisive answers to every question that’s asked. And I’m almost positive that people that will be listening to this podcast, will say to themselves, “Hey I did it a different way and it worked out just fine.” So understand that with lack of clear policy, there are really a number of different options that could be pursued depending upon the pre-directions of the officer who is adjudicating the application.

And so these suggestions that I’m giving are definitely not the only options that are available. And I definitely don’t pretend to be all-knowing when it comes to every aspect of immigration. But I know that these strategies will work if an individual follows them. And ultimately, although there may be other pathways forward, I’m confident in giving these suggestions.

Now because of the complexity of this situation, Ripu, you will definitely want to make sure that you have all the information that you can before you make any decisions. And it’s very easy for an employer to just promote you because they really don’t have a stake one way or another in your permanent resident process. They just want to have a worker who is working in a position that they really want them to work in. And sometimes you have employers that are very loyal to you but often you as an employee you are of value to them, because you are making them money. And you need to look out for yourself. You need to make sure that you are protecting your own interest, and so you were very-very wise to take the time to consider this before you rush in to accepting a new position, which I presume will also come with an increased wage.

So this concludes this episode of the Canadian immigration answers podcast. I hope that the general information that was provided today is of use to others out there. Once again, I want to invite anyone who would like to leave a question for us to answer through this podcast through our website at www.ht-llp.com. And you can leave a message there, you can send me an email, you can leave a voice message on our widget that is on the side bar, the right sidebar of the website. And if you leave a voice message I can even embed it directly within to this podcast if the audio quality is sufficiently good.

So thanks a lot for listening today and instead of my regular outro I have got a little song that I thought will be really fun to have and to include at the end of this podcast so that if people look at it will authorize and say, “Hey that’s kind of goofy.” You can just end the podcast right now. But I thought it was kind of fun. It’s kind of just a fun little song that’s representative about how I feel about this beautiful country Canada, and whatever I can do to help you out there, navigate your way through the complexities of this crazy immigration world. All right, thank you very much and I hope to get back to you soon with more answers to your immigration questions.

Thank you for listening to the Canadian Immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com.

[/spoiler]

Binge on All the Canadian Immigration 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

Question [Holthe Tilleman LLP website]

:

I’m a Canadian citizen who owns my own home with solid employment. Would I be eligible to sponsor my brother to immigrate to Canada? He is 55 years old.

[Tweet ” Can I sponsor my brother to immigrate to Canada? He is 55 years old.”]

Listen to Mark Holthe’s Answer

Family Class Sponsorship: click this link to determine if you may be eligible to sponsor a family member:

• http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

Read the Transcript

You can download a complete, word-for-word transcript of this episode here OR [spoiler]With Citizenship and Immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian Immigration podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice. Please welcome ex-immigration officer and Canadian immigration lawyer Mark Holthe, as he answers a wide variety of immigration questions, and shares practical tips and guidance to help you along your way.

Welcome to the Canadian Immigration Answers podcast, today July the 30th 2015. Today’s question comes from Maria. And Maria has a brother in Portugal. This is near and dear to my heart, as I spent two years as a young missionary in Portugal, where I learned Portuguese, and had an opportunity to really get to know the people and the country and develop a love for that beautiful location. So thank you Maria for sending this question. She asks, “I’m a Canadian citizen, I have a home, I work, can I bring my brother to be legal in Canada? He is 55 years old.”

So Maria what you are asking is, can you sponsor a family member to become a permanent resident of Canada. The family members that are included within the family class are spouses, partners, dependent children, parents, and grandparents. It also includes adopted children and what the government determines and defines as other eligible relatives. So in the case of your brother he would need to fall under the classification of other eligible relatives.

And essentially in order for you to be able to sponsor him, you would need to be defined as what as within the immigration ranks, would commonly refer to as a lonely Canadian. In other words, you would need to show that you do not have a spouse, a common law partner, a conjugal partner or a son, daughter, parent, grandparent, brother or sister, uncle and nephew, or niece, a family member that’s living with you in Canada. Or that they themselves is a Canadian citizen, permanent resident of Canada.

So if you are a lonely Canadian, then it may be possible to sponsor your brother. However if you are not, and you do have family members in Canada, then the options that are available for you are quite limited. So Maria, I wish I had good news for you, but in these circumstances your brother would probably need to explore individual options for immigration. And for the most part those would be under the economic class. And they would include to a large extent the permanent resident categories within the new express entry regime that was instituted at the beginning of this year in January of 2015.

So with all of the people who have immigrated to Canada, and 4made Canada their home and have been able to really be blessed because of this opportunity, it’s only natural to want to include your extended family within this great country that we love. Unfortunately, because of the immigration — current immigration policy, those options are quite restricted. So your brother would have to consider possibly obtaining a work permit to work for a company, and then transition to permanent residence, but that’s a whole different question. So we’ll leave at that, thank you Maria for your question, and will see you all again when we address the next question from one of our contributors.

Thank you for listening to the Canadian immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com.
[/spoiler]

Binge on All the Canadian Immigration 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

Question [Holthe Tilleman LLP website]:

I am going to apply under the Federal Skilled Worker Program of Express Entry, does my spouse need to get his Educational Credential Assessment too so that we can get extra points, or is there no need? Thank you in advance.

Listen to Mark Holthe’s Answer

List of designated Educational Credential Assessment Agencies: 

• http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp?expand=designated#designated

Read the Transcript

You can download a complete, word-for-word transcript of this episode here OR [spoiler]With citizenship and immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian immigration podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice.

Please welcome, ex-immigration officer and Canadian immigration lawyer, Mark Holthe as he answers a wide variety of immigration questions and shares practical tips and guidance to help you along your way.

Welcome again to the Canadian Immigration Answers podcast. Today is July the 30th 2015. Today’s question comes from Lude [ph] Miller, and it is regarding educational credential assessments. Her message reads, “Hello, I’m going to apply under the federal skilled worker program. Does my spouse need to get his ECA too for the aim to get extra points or no need? Thank you in advance.”

Well thank you Lude Miller for this question. And this is another common question that we get. When it comes to applying for permanent residence and in particular through the economic class, which in turn is governed by the new express entry regime, the difference between being granted invitation to apply for permanent residence in Canada and not can be as much or as little as the education that your spouse has.

So when we are applying on behalf of our clients and submitting their express entry profiles into the pool hoping to get drawn, hoping that they will rank high enough within the comprehensive ranking system that the government has instituted; which by the way is simply a computer algorithm that goes through the answers that people give and grants out these ITAs with virtually no human interaction. So what that means is the answers that you give when you are completing your profile can be the difference in being granted that invitation to apply and not being.

So in the case of the question for Lude Miller here, absolutely I would say 100% that it is worthwhile for your spouse to go ahead and get the educational credential assessment done. And if you go to the express entry website, there’s a list of accepted third party organizations that have been granted the authority to acquit foreign credentials to Canadian credentials. So I recommend you take a look at that list, and that I will give you the locations for you to obtain those educational credential assessments. I’ll also put a link to that within the show notes for this particular segment. And you can just click on those and those should take you to where you need to go.

However I would also like to extend this as well to English language testing, because your spouse could also score high enough to bring in a few additional points that could tip the scale in terms of you being drawn under this new regime. So Lude Miller thanks for this question. I wish you all the best in your pursuit of obtaining permanent residence status in Canada.

Thank you for listening to the Canadian immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com
[/spoiler]

Binge on all of the Canadian Immigration Podcasts!

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

Question [Holthe Tilleman LLP website]:

I am a Food Counter Attendant. Can I apply for express entry?

Listen to Mark Holthe’s Answer

Resources:

• National Occupational Classification System (2011): http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
• Job Bank: http://www.jobbank.gc.ca

Read the Transcript

You can download a complete, word-for-word transcript of this episode here OR [spoiler]With citizenship and immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian immigration podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice.

Please welcome, ex-immigration officer and Canadian immigration lawyer, Mark Holthe as he answers a wide variety of immigration questions, and shares practical tips and guidance to help you along your way.

Welcome to the Canadian Immigration Answers podcast. Today is July the 30th 2015. Today’s question comes from Henry. In the email that he sent me, he says the following, “Hi, I am a food counter attendant. Can I apply for express entry? My previous work was as a senior supply clerk and warehouse specialist. Thanks, Henry.”

So what Henry is getting at here is the skill level that is required to be eligible to enter into express entry. Not every position that an individual fills working in Canada or outside of Canada will qualify them to enter into the express entry pool, and ultimately seek an invitation to apply for permanent residence. In the case of Henry, he has what appears to be Canadian experience, I have to assume, working as a food counter attendant. Well under Canada’s National Occupational Classification system, that position would be considered as a low skill, or skill level D.

In order to qualify for express entry, individuals need to have experience working in positions that are considered to be skilled. In other words, skill level B, A or 0. These positions are often ones that require some form of post secondary education. Now that’s a general rule and there are exceptions such as in the case of Henry’s industry. Food service supervisors often do not require any formal education, but they are considered to be skilled for the purposes of express entry, because they are classified as skill level B.

If you want to determine your occupation and how it matches up with the requirements for express entry, you need to go to the National Occupational Classification system 2011. See if you can locate the position that you’ve got experience in, and match up the duties that you have within your job description with those set forth in the individual position profiles that are contained within the National Occupational Classification system or the NOC.

So in the case of Henry, he would not be able to qualify for express entry if the only experience he had was as a food counter attendant, but his question does indicate that his previous work was as a senior supply clerk and warehouse specialist. Now when clients come to me and ask me whether or not they qualify, you cannot make that assessment based on title alone. So I would need to see specifically what duties were contained within Henry’s job description for these positions. If those duties match up with a position that falls under skill level B, then it is possible that Henry could at the initial stages meet the minimum requirements to apply. However if the senior supply clerk and warehouse specialist are really classified as a skill level C, then he would not be eligible to apply. I hope this helped Henry. Thanks so much for sending a question our way, and we look forward to answering further questions in the future.

Thank you for listening to the Canadian immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com.
[/spoiler]

Binge on all the Canadian Immigration 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

Question [Holthe Tilleman LLP website]:

My employment reference letter states my hierarchical designation as General Manager but does not detail my duties or role. I do not wish to inform my employer about my intention to immigrate, and asking any such letter now may create difficulty for me.

Listen to Mark Holthe’s Answer

Resources:

[Advisory] The following information is for reference purposes only. Because the Express Entry system changes frequently, you must consult the specific instructions contained within your portal when seeking to upload an employer reference letter. There is currently no available template listed on the general CIC website that describe the specific information that must be included in employer reference letters for Express Entry. As such, I have provided below a sample of what you could use in the interim. However, the instructions below come from the old document checklist for the Canadian Experience Class and are only to be used as a general guideline.

Employer reference letters must be:

• written on company letterhead,
• signed by the responsible officer/supervisor,
• have the printed name and title of the responsible officer/supervisor beneath the signature,
• show the company’s full address, telephone and fax numbers, e-mail and website addresses, • stamped with the company’s official seal (if applicable).

Reference letters must include all of the following information:

• the specific period of your employment with the company,
• the positions you have held during the period of employment and the time spent in each position,
• your main responsibilities and duties in each position,
• the corresponding National Occupational Classification (NOC) code (if known),
• your total annual salary plus benefits,
• the number of hours worked per week.

Read the Transcript

You can download a complete, word-for-word transcript of this episode here OR [spoiler]With citizenship and immigration Canada making it increasingly difficult to speak to an officer, there are few places to turn for information that can be relied upon. The Canadian immigration podcast was created to fill this void by offering the latest information on Canadian law, policy, and practice. Please welcome, immigration officer and Canadian immigration lawyer, Mark Holthe, as he answers a wide variety of immigration questions, and shares practical tips and guidance to help you along your way.

Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe, I’m an immigration lawyer practicing in the beautiful province of Alberta Canada. Today’s question comes from Yuvraj and he asks the following, “Hi, my employment letter states my hierarchical designation as general manager, but does not detail my duties or role. I do not wish to inform my employer about my intention to integrate, and asking any such letter now may create difficulty for me. How do I meet CICs requirement of proof of my duties as per my stated occupation? Your assistance is greatly appreciated, thanks in advance.”

Well, Yuvraj, I have to admit that over the last little while, immigration has become extremely difficult to deal with. They have shown very little mercy to anyone who does not submit a complete application. Because of that the answer that I have to give you is probably not one that you would like to receive. If you are submitting an express entry application, or any permanent residence application today, you pretty much need to submit exactly what the government is asking for. If you choose to not do so, you run a significant risk in getting your application returned. They seem to now be following a one touch only policy where if there are any missing documents, rather than the good old days when they would provide you with a letter stating the deficiencies, and then give you an opportunity to upload the missing information, they now simply refuse it.

So because of that I have to tell you that you really have to probably disclose to your employer and get their cooperation in submitting your application. Without that letter there is really very little that you can do to prove to Citizenship and Immigration Canada that you actually have the experience, and are working in the role of general manager as stated in your application. So I wish that I could tell you that you could submit some form of alternative to that letter or provide the existing letter with an explanation. However the days are gone when CIC will accept those kinds of things, especially if you are currently encumbered within that position. So I hope that answers your question, and good luck working that out with your employer.

Thank you for listening to the Canadian Immigration podcast, your trusted source for information on Canadian law, policy, and practice. If you would like to contribute a question for future podcasts, or wish to set up a legal consultation with Mark, please visit www.ht-llp.com.
[/spoiler]

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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.

Comment left on Holthe Tilleman LLP’s Facebook Page:

Likelihood of success when submitting a profile to EE without an LMIA.

I only have one question.  My work permit will expire in June 2015, so technically I have 6 months remaining after the Express Entry program opens in January of 2015. Is there any chance that I can apply without an LMIA cause I don’t think the company that I’m with right now will be willing to apply for an LMIA to support me. I’m a retail store supervisor and have almost 3 years managerial experience back home and a graduate of a 4 year course. I would appreciate it if you’ll enlighten me with the possibilities that I may have when this new program kicks off. Thanks!
[Tweet “Express Entry: Can I apply without an LMIA?”]

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Read the Transcript

You can download a complete, word-for-word transcript of this episode here OR [spoiler]Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe, I’m an immigration lawyer practicing with the law firm of Holthe Tilleman in the beautiful province of Alberta, Canada. This podcast is designed to answer the questions that we receive from our listeners. These questions can be left, and if you would like to leave a question for us you can do so directly on our website. We have an “Ask an immigration question” link that you can click on to leave a voice message on the right sidebar of our website, or alternatively there’s also a place where you can fill in a form on our site to ask that question.

Today’s question actually comes from a reader that is following us on Facebook, and left a comment to one of the blog posts that I had previously written on express entry. The question reads as such, “Hello, I’ve been following your post and I find it really helpful. Thanks for the answers to our questions, and for what is happening right now with regards to temporary foreign workers. I only have one question. In my case, it may be the same situation as stated above except that my work permit will expire on June 2015.

So technically I have six months still when the express entry will open, January of 2015. Is there any chance that I can apply without the LMIA because I don’t think the company that I’m with right now will apply for an LMIA for me? I am a retail store supervisor and have almost three years managerial experience back home, and I’ve graduated from a four year course. I will appreciate if you enlighten me with the possibilities that I may have when this new program kicks off. Thanks.”

Well thank you very much listener for this question. It’s a question that we’ve received numerous times over the last few weeks, and as we are nearing the launch of express entry. The question just to summarize relates to whether or not a person can apply through express entry without an LMIA supporting their work permit. The short answer is yes you can if you are applying through the Canada Experience Class, or alternatively some individuals will have nominations from their Provincial Nominee Program. That can be used in lieu of an LMIA.

However in this circumstance this individual is likely on a permit that is either through a post grad work permit process, where the individual is on open work permit, or they are currently working on an LMIA based permit. But because of the overhaul of the foreign worker program, the business that they are working for which is usually a first food restaurant or some other retail store is capped out at the percentage of foreign workers that they can have. And the government has set that at 10%. Now some companies will be grand fathered in, but the reality is this person is probably working in a company where there are more than 10% foreign workers, and therefore the company will be unable to get a new LMIA to support his work permit extension.

With time running out, many individuals in this situation are wondering if it’s possible for them to submit a profile through express entry, and possibly be drawn and given an invitation to apply for permanent residence, and obtain an open work permit through the bridging work permit process all in time to extend their permit before they cap out and essentially have to leave Canada. So in the case of this individual who has some prior years of managerial experience, for sure good English because the comment that was left was very well written, and a four year program back home, they should score fairly high with their human capital points.

The government has repeatedly told us that initially they do not believe everyone that will be drawn from the first pool, or the first selection at the end of January of 2015. They don’t feel that there will be enough individuals with LMIA based work permits to comprise the entire draw. So in this case I would highly recommend that this reader and follower take every step they can to submit their profile as soon as possible come January 1st when express entry is launched. By doing so, they will be in a position to potentially be drawn through the first selection process. And if there are insufficient numbers of LMIA based candidates, in other words candidates that have work permit supported by an LMIA, then there is a possibility that this individual could be drawn in one of those first few selection processes.

So I would also encourage everyone to go back and read my blog on the things that you need to do now to give yourself the best chance of being selected. And I won’t belabor that blog too much, but the key here with everyone in the same situation as this listener is that unless you have your educational credentials assessed, or you have taken the time to get your language examinations done through the IELTS or CELPIP examination centers, you are going to be hard pressed, because everyone is trying to get those dates now. And that was one of the main reasons why I did the blog probably about three or four weeks back is because people needed to start then before everyone started rushing to get these third party supporting documents in place.

So hopefully that answered this question for today. And if you have a question yourself that you would like to ask, please go to our website and leave a comment for us through our text or our voice messaging system. Alternatively go to our Facebook page and leave a comment on one of the blogs there. I always try to review those and even answer if I can. However, I hope everyone can appreciate that it’s impossible to answer everyone no matter how much I would like to. So the source of these podcasts, all your questions and when I get sufficient numbers that are similar, I go out of my way to try and answer them as best I can here in this podcast. So that concludes our Canadian Immigration Answers podcast for this day, and we will talk to you again soon.
[/spoiler]

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

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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.

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CIC’s Express Entry Program coming January 1, 2015
Crucial Facts for Canadian Employers and Prospective Immigrants

[Tweet “Crucial Facts for Canadian Employers and Prospective Immigrants”]

Listen to Mark Holthe’s Answer

Fact Sheet: Produced by the CBA’s National Immigration Section

1. The Express Entry program is not simply a case management system. It imposes a new layer of requirements before prospective applicants are “invited” to make an economic class application for Permanent Resident (PR) status. These requirements apply to all applicants in the Federal Skill Worker (FSW), Canada Experience Class (CEC) and Federal Skilled Trade (FST) Worker classes.
2. CIC language leads one to believe that prospective immigrants simply need a job offer to rank highly under the Express Entry program. This means not just any job offer. To rank highest in the pool of potential immigrants and compete for an Invitation to Apply (ITA), an applicant will need a job offer that has been approved by a federal Labour Market Impact Assessment (LMIA) or supported by provincial government nomination.
3. LMIA applications require employers to undertake extensive recruitment campaigns and prove that no Canadian citizens or permanent residents are available for the position. The exacting compliance regime applicable to the Temporary Foreign Worker Program will therefore also apply to employers seeking to recruit permanently under Express Entry.
4. If there is no LMIA or the employer does not qualify to participate in their provincial nominee program, the employer must advertise on Canada’s national job bank and pursue recruitment activities designed to attract Canadian citizens or permanent residents to replace the existing employee in order to qualify for an LMIA. Employers will be required to justify why they have not hired Canadians to replace the incumbent. This applies to any foreign worker who wants to apply for permanent residence with the support of a federally approved offer of employment, including senior managers, executives and specialized knowledge workers now employed in Canada through LMIA-exempt programs.
5. For professionals and intra-company transferees who qualify to work in Canada without a LMIA under international trade agreements (i.e. NAFTA, Canada-Chile FTA), employers will now need to obtain an LMIA or a provincial nomination to attain some measure of certainty about eligibility for permanent residence status.
6. International students who have come to Canada for international study and offered assurances of an easy pathway to permanent residence will now have to obtain LMIAs or provincial nomination to compete for an ITA. This means that international graduates who are not provincially nominated will need to have their entry-level job offers vetted by ESDC to assess whether they are displacing Canadians. Employers of new graduates will have to demonstrate that they are prepared to pay international graduates above entry-level wages for the occupation and that their newly acquired skills are in demand in the Canadian labour market.
7. Canadian employers in key tourist destinations like Whistler and Banff will have to seek LMIAs to retain employees who entered Canada under long-standing bilateral youth exchange programs, such as the International Experience Class and Working Holiday Programs. Employers will have the costly administrative burden of seeking LMIAs for employees who have proven themselves integral to the operations of Canada’s thriving tourist and hospitality sectors.
8. Genuine and well-intentioned employers will be forced to falsely advertise vacancies and clog Canada’s newly improved national job bank with positions that are already filled by highly qualified skilled personnel (such as Canada Research Chairs and CEOs of major Canadian companies) that employers want to retain permanently. By requiring employers to advertise for permanent LMIAs to better position their employees’ chances of success under Express Entry, the government will skew Canadian labour market data and compromise the effectiveness of its employer-employee matching program.
9. When creating a personal profile in the pre-application phase of Express Entry, applicants must ensure that all information entered into their electronic profile is 100% accurate and reflective of their points or human capital factors. Any data entry error or misunderstanding of the requirements in the pre-application phaseof the process could be construed by CIC as a misrepresentation, which is an immigration offence carrying a five year ban on entry to Canada.
10. On receipt of an ITA, applicants could have their selection or invitation to apply revoked if they fail to perfectly complete their application through the new online portal being developed by CIC. If the application is deemed incomplete for any reason, applicants must return to the pool and hope they receive a second invitation to apply.
11. Provincial nominees who would otherwise not have to take a language test or have their foreign education credentials assessed will have to take these steps to qualify for entry into the provincial nomination pool in the Express Entry stream. Similarly, CEC applicants with foreign education, who do not usually need an educational assessment, will need one to rank higher under the Comprehensive Ranking System. Foreign secondary and postsecondary educational credentials each require an Education Credential Assessment for CRS points. Obtaining an Education Credential Assessment from a CIC accredited third party education assessor can be very time consuming, especially for those whose education was completed before digitization of records.
12. The government’s electronic system for selecting immigrants for Express Entry and matching employers with suitable applicants lacks transparency and certainty. Uncertainty will lead to the perception that Canada is not open for business, as companies cannot ascertain in advance whether they can retain key personnel in Canada. Similarly, the world’s best and the brightest candidates will seek out immigration programs that offer concrete criteria for selection.
13. Under Express Entry, the government has promised to process applications in six months or less. Timely processing of immigration applications is key to Canada’s ability to compete for global talent. CIC needs an ascertainable bridging mechanism in place to allow those working in Canada to continue to do so until their permanent status is granted. CIC has stated that bridge work permits under Express Entry will be available only after approval in principle of an application. This requires an assessment of the application on its merits. By delaying eligibility for a bridge work permit, applicants and Canadian employers cannot rely on a seamless transition from temporary to permanent residence. CIC is taking away the existing benefit of allowing a bridge work permit once an acknowledgment of receipt of the PR application has been issued.

Read the Transcript

You can download a complete, word-for-word transcript of this episode [spoiler]Welcome to the Canadian Immigration podcast. My name is Mark Holthe, I’m an immigration lawyer practicing in the beautiful province in Alberta, Canada. This is our 4th episode and today we will be discussing some crucial facts that Canadian employers and prospective immigrants need to know about the express entry program. Now in the past I’ve always taken a very practical approach, this is what you do, this is how it impacts you directly. Today we are going to talk at a little bit higher level, and in fact we are going to dissect what the express entry program is really doing, and how it will impact on people that seek to use it either to become a permanent resident, or as an employer to retain key staff.

Now the substance of my discussion actually comes from a great fact sheet that was recently produced by the Canadian Bar Association’s National Immigration section in response to the government’s– well I don’t want to call it propaganda, but they’ve really hyped the program. And so the purpose of this fact sheet is just to bring to the attention of everyone that all things are not always as positive as the government spins them. And so we are going to be discussing 13 separate facts if you will that we feel are really impact on how people access the program, and that are important for them to know as they go into the process of submitting a profile, if they are an applicant or a candidate or supporting the express entry process as an employer through a job offer.

Now within my show notes I’ll make sure that I leave a copy of at least the text of this fact sheet, and I’ll also try to provide links once they are made available through the Canadian Bar Association’s website. However, before I do that I do want to give credit to two lawyers in particular that were instrumental in the creation of this document. First being Betsy Kane a good friend that practices with the office of Capelle Kane in Ottawa who originated the first draft of this– what were 14 points, now they are 13. And in addition to Betsy who did just some phenomenal work on this Gordon Maynard who practices with the firm of Maynard Kischer Stojicevic in Vancouver, British Columbia, who was also very instrumental in helping to create the initial drafts of this document.

Now just to give you a little bit of information whenever anything goes out through the CBA, it has to be vetted by a number of different levels, and so I was a member of the working group, the express entry working group amongst other just excellent lawyers across the country who assisted and vetted and edited the document before it was created and released just last Friday in its final form. And so just going forward I wanted to just identify specifically Betsy and Gordon for the great work that they did, it’s been a pleasure for me to work with them. And if you are ever in those areas seeking immigration cancel, without any doubt I would not hesitate to recommend them, they are really-really experienced, well respected members of the bar, both within the Canadian Bar Association, and across the country within our immigration bar.

So moving on, what I intend to do is go through each of these points, and then I’ll elaborate a little bit more and give you some context as to why we’ve included them. So the first point to understand is that express entry, the program itself is not simply a case management system. It actually imposes a new layer of requirements before perspective applicant is even invited to apply for permanent residence through one of the three affected economic classes. And we know that those three programs are the Federal Skilled Workers, the Federal Skilled Trade, and the Canada Experienced Class.

Now CIC has really-really been proud of this program, and even before it’s even started and it has been the subject of much funfair. Obviously it’s not like I said just a case management system, but it creates some fundamental changes to help people access these programs. So it’s not just a way in which they can select the candidates that they like, the reality is in some cases how you qualify for programs is significantly affected. And as I’ve discussed in some of my other blogs and podcasts, individuals who want to be selected and given an invitation to apply, really need to have a Labor Market Impact Assessment now, and as I get into some of these other points, you’ll see why that’s significant, but understand that this is not just a case management system.

The second point is that the language CIC uses leads one to believe that prospective immigrant applicants simply needed a job offer to rank highly under the express entry program. Well the reality is that this is not just any job offer, in fact in order to rank the highest in the pool you have to have a job offer that has been approved by a Federal Labor Market Impact assessment. So it can also be supported by provincial government nominations through one of the PNP programs, but the reality is if you want to get selected under express entry, you are going to have one of these two things. Now the government has also indicated initially like I said that they don’t anticipate that the first draw within the express entry will be filled completely by LMIA or provincial nomination candidates, but the people may be able to qualify with human capital alone.

However it is the government’s intention that going forward only those applicants that have LMIA supported profiles will really be drawn. Okay, so a couple of other items. Number three LMIA applications actually require employers to undertake extensive recruitment campaigns, something that we know exists. They have to prove there is no Canadian citizen, or permanent residence available for the position, which is typically what happens when you are applying for a work permit that is supported by an LMIA. The exacting compliance regime applicable to the temporary foreign worker program will therefore also apply to employers seeking to recruit permanently under express entry.

So effectively what they’ve done is they’ve taken the foreign worker program, and as we are aware and some of you may be aware this past summer they overhauled the foreign worker program and made it much-much more difficult to secure an LMIA. Now they’ve taken those same standards and same principles and basically imposed those over the permanent residence program. So only where companies can truly prove and show that there is no Canadian or permanent resident that can fill the position will those positions then be targeted for candidates within the express entry program. So that’s something to really pay attention to.

Number four, if there is no LMIA or the employer does not qualify to participate in one of the PNP programs, the employer has to advertise on the national job bank, and they have to pursue all recruitment activities designed to attract Canadian citizens or permanent residents to replace even the existing employee in order to qualify for an LMIA. So employers will be required to justify why they have not hired Canadians to replace the incumbent worker that’s with them right now. And this applies to any foreign worker who wants to apply for permanent residence, as long as they want the federally approved job offer, and this includes your senior managers, your executives, and your specialized knowledge workers now employed in Canada through LMIA exempt programs.

So individuals even at very high levels who’ve been brought through inter-company transfers or otherwise, and understand Canada has many reciprocal agreements with other countries including the United States, where our Canadians can be transferred equally into those different countries, and in many cases pursue permanent residence in like manner, but now our government is imposing an added requirement of obtaining an LMIA before they are actually able to be drawn through the express entry process. And now I’ll qualify once again, initially they say that candidates may be able to qualify with their human capital alone, in other words their language ability, their work history, their education, those unique personal identifiers. And so even those who come in under inter-company transfer, or otherwise pretty much have to get an LMIA. So the company has to advertise the position for that incumbent employee.

Number five, for professionals, an intra-company transfer isn’t qualified to work in Canada without an LMIA under one of the international agreements. As I indicated, employers will now need to obtain an LMIA or provincial nomination to attain some measure of certainty about that person’s eligibility for permanent residence status. So this is a little bit of an extension of point number four, but even those who come in under treaty agreements, international trade agreements such as the North American Free Trade agreement, the Canada Chile Free Trade Agreement, and others, even though they have come in under these perfectly acceptable reciprocal arrangements, those candidates would need to obtain an LMIA often in order to be able to rank the highest and qualify.

Now the sixth point. This is something that all international students need to understand. Pretty much every student that is on a post grad work permit now believed when they applied to come to Canada to study that there would be a very facilitative pathway to permanent residence, and that’s how it was offered, and I’ll bet any money that the international students when they were exploring which countries to go to took that into consideration. And in fact many of the education agents out there and local Canadian post-secondary institutions probably use that as one of their marketing campaigns to draw students to Canada, that there will be a pathway to permanent residence. Well, for international students who have completed their studies, that’s not the case anymore, in other words they too have to attain an LMIA or provincial nomination to compete for that elusive ITA, that invitation to apply.

So this means that international graduates who are not provincially nominated will actually have to have their entry level job offers vetted by ESTC to assess whether they are taking the job of the Canadian citizen. Employers of new graduates will have to demonstrate that they are prepared to pay international graduates above entry level wages, and when we say above this is in some cases even above the average wage for your occupation, and they have to show that their newly acquired skills are in demand in the Canadian labor market. So this drastically changes the pathway to permanent residence for international students, and this is something that we have addressed specifically within our most recent submission to the Citizenship and Immigration Canada on behalf of the Canadian Bar Association.

For years and years they advertised and really let the world know that Canada was open to international students, and that one of the drawing features was the possibility of permanent residence. And so now that has considerably changed, and only those candidates that are able to show that they are in a position that is in such demand that there is no Canadian that could fill it, only those individuals that can secure, at least the companies can secure LMIAs will really be able to qualify.

Number seven, any Canadian employer within the key tourist destinations, like Whistler and Buff [ph] here in my home province, have traditionally relied on long standing bilateral youth exchange programs such as the international experience class, and the working holiday programs et cetera to bring in foreign students to meet the demand within these high tourist destinations, whether they were ski lift operators in the winter, or individuals who worked at these resorts in the summer in a variety of capacities. They now too have to go through the same regime as anyone else if the company wants to keep them.

Now don’t get me wrong, I have no issues whatsoever with Canadians being given the first opportunity in these positions. However in these cases and in many circumstances there are simply no Canadians to perform those jobs, none that are able to especially in the winters work the ski lifts full time, students and youth are often in school during those times of the year. And so these resorts rely heavily on these international youth through the– like I said the working holiday program, and another international experience class programs.

But now if an employer wants to keep these individuals for any length of time, they are going to have to go through the LMIA process, and even when these people have proven themselves integral to the operations, it’s going to be very interesting to see what’s happens within the tourist industry and the hospitality sectors, because of these rule changes and only time will tell.

Point number eight, so genuine and well intentioned employers will be forced to falsely advertise vacancies and clog Canada’s newly improved job bank with positions that are already filled by highly qualified skilled personnel. Some examples are Canadian research chairs and CEOs of major companies. So just to clarify, even if you were currently employing a CEO in your company, and you want to keep that CEO permanently, unless there is an option through one of the PNP programs to retain them on a permanent basis through one of the existing streams that work outside of the express entry category, you are pretty much going to need to re-advertise the CEO’s position and meet the minimum advertising requirements of service Canada in order to submit an application for a Labor Market Impact assessment to support the express entry application of the CEO.

And it seems quite absurd, obviously once again it’s important to protect the Canadian work force, however in some positions where clearly the individual was selected because of the way in which they are going to help that particular company grow economically including protecting the jobs of Canadians, these CEOs and these C sweet level positions, the company is going to have to go through and falsely advertise the vacancies. And we are not even talking about the employment ramifications from a legal stamp point of advertising for a position of a CEO, and in many cases these companies are publically traded. So you can imagine what it’s like when you’ve got your CEO and someone sees an advertisement to replace them, what that effect that’s going have within the stock markets.

So it will be curious to see what exemptions they create or whether they are going to soften some of these very-very harsh requirements, because right now the regulatory regime that they have released back on December the 1st clearly sets out that in order to qualify, you need to have a Labor Market Impact assessment in the vast majority of cases. And I’m not going to waste a lot of time getting into the new ones of those that could possibly qualify with human capital loan, but in the end it’s the quarter fills up and people start to realize that LMIAs are necessary, it really will be the only option for obtaining an invitation to apply from the government.

The ninth point relates to individuals when they are creating their personal profile, and this is in the context of the pre-application phase. The government has recently introduced some pretty harsh bans for individuals who have been found to have misrepresented anything within their applications. And so what this means for people when they are completing the information sections within their electronic profile, they must ensure 100% accuracy, because if they allege that they have a degree, but maybe they haven’t quite yet completed it, or that they have a certain level of language– Canadian language benchmark points, or have scored a certain level, but yet they haven’t yet written the exam, it is possible that individuals could be found to have misrepresented on their applications and the immigration offence for misinterpretation carries a ban of five years on entry to Canada.

And so even data entry errors, clerical errors or a candidate misunderstanding possibly the requirements within the pre-application phase; this could all be construed by CIC as misrepresentation. So it’s critical, absolutely critical that candidates review the instructions very carefully and in all honesty, at this stage when so much writing on this express entry, it’s highly advisable that they get a second opinion, someone to look at it, assess it, retain an immigration lawyer to provide advice on this submission of the profile. But that’s a separate discussion.

Point number ten on receipt of an ITA, applicants could have their selection or invitation to apply revoked if they fail to perfectly complete their application and this is the permanent residence application portion, after the invitation to apply is granted. So as you are completing it through the new online portal, which CIC will release on January the 1st of 2015, if they do not get everything perfectly completed, it’s possible that the application will just be returned by CIC, and they’d have to resubmit a new profile into the pool, and hope that they receive a second invitation to apply.

And understand that LMIAs if they are permanent LMIAs, probably have a certain shelf-life and we are hopping that’s going to be longer than the six months that a regular Labor Market Impact Assessment has in terms of validity, we suspect that probably will. But who wants to have to go back and resubmit everything right from the get go and wait for a new invitation to draw, or invitation to apply through the draw system all because they forgot to include a birth certificate or something very innocuous as that. And the reality is the government as I have indicated has repeatedly said that they do not pay or do not intend to pay their CIC employees to think, everything is going to be automated. So if they have a list of checkboxes they are trying to check off, if you do not complete your application perfectly, it’s just going to get returned.

Okay, point 11, provincial nominees. Right now they cannot apply for permanent residence without necessarily taking language test through some of the categories. Alberta has it and British Colombia as well I believe, and so you can go through as a skilled worker without having to write a language test to be nominated for permanent residence. So in this case with express entry, individuals who would not otherwise have to take the language test, or in some cases have their foreign educational credentials assessed will have to do so now if they want to go through the provincial nomination pool within the express entry stream.

And also it’s worth pointing out that C applicants with foreign education who do not usually need an educational assessment will need one to rank higher under the comprehensive ranking system, so foreign secondary and post-secondary educational credentials each require the ECA in order to get CRS points. So obtaining an educational credential assessment from a CIC accredited third party can be super time consuming, and right now with the limited number of third party assessors, processing times are climbing to two or three or longer months. And if you are raising to get an application in through express entries so that you can remain in Canada because your work permit is expiring, oh Boy good luck trying to get an ECA quickly these days unless something changes.

And it’s interesting how the government has really imposed these additional requirements on people who otherwise wouldn’t have to do so through the traditional provincial nomination stream. Now what we know from PNP to this stage is that probably those programs are going to modify the requirements, so that if you want to receive a PNP sponsored entry into the express entry stream, they are probably going to make changes within their own programs to bring them in line with CIC, so that if you do qualify into the PNP you will also qualify under the Federal streams, whether it’s the Federal Skilled trades, the federal skilled worker or CEC.

The twelfth point relates to the government’s electronic system for matching employers with suitable applicants. Well at this stage there is a complete lack of transparency and certainty, we really don’t have any clue what this is going to look like. They’ve tried to explain a little bit in some of the outreach programs to the employers and to their recent authorized representative webinar that they provided. However there is a lot of uncertainty and the reality is it gives the perception that Canada is really not open for business. If companies can’t ascertain in advance whether they are able to retain key personnel in Canada for longer durations, they are going to question whether to transfer the world’s best and brightest to a country where the immigration programs are, they don’t offer concrete criteria for selection.

So there is still quite a bit of uncertainty in that area, and if Canada is truly seeking to attract the best and brightest as I indicated to a recent CBC reporter who did an article on express entry here just today, the reality is going to give people pause, is going to give companies pause as to whether they want to enter into the immigration streams within Canada. They will simply look elsewhere to other countries that offer more flexible options for senior and key personnel.

Okay thirteen. Under express entry the government has promised to process applications in six months or less, and wow that sounds great, that sound awesome to be able to do that when right now we are looking at processing times often of greater than two years for most of the permanent residence categories. So timely processing of these applications is obviously key to Canada’s ability to compete for global talent. So we are seeing Australia for example and New Zealand who these express entry model is patterned after secure permanent residence or offer and complete the permanent residence process for candidates in under six months.

And my own brother who is– he’s actually in Australia right now, immigrated with his family to Australia and had his permanent residence in under six months, and he went over with a masters in social work he had a good education and good human capital and those kinds of things, but he was able to get in really under six months.

So for our government to be able to achieve that standard that’s great without a doubt. However there are some questions that we have with respect to this process, because remember six months means six months from the date that they receive or accept a permanent residence application has been complete and then start to process it. So not the time a person swimming in the express entry pool, or the time between getting the invitation to apply and actually filling the application, it’s at some point, I’m not entirely certain when that clock will start to run, but probably when they accept the application for processing, it’s at that stage that the six month period that service standard will start to apply.

However, currently there is a mechanism to allow people whose work permits are expiring to obtain a bridging permit to bridge the time until their permanent status is granted. Well, CIC has stated that bridging work permits under express entry will be available only after approval in principle. This requires an assessment on the application on its merits and by delaying eligibility for bridging work permit applicants and Canadian employers cannot rely on a seamless transition from temporary to permanent residents. Now CIC in all honesty is taking away an existing benefit of allowing that bridging work permit once an acknowledgement of receipt of PR has been issued, and that’s how they have been doing it currently, when the application is receded and being accepted for processing, it’s at that stage that bridging permit can be issued.

But now under express entry they are indicating that it’s at basically at the first stage of approval, which is a later date and we are not entirely certain how long this is going to be, but still that’s something that’s being taken away from existing applicants. So these are some of the high level discussion points that we’ve been thinking about and are really seeking clarification from CIC. Ultimately if we get responses to some of these questions that we have or further clarification I’ll definitely bring this up in future episodes. However, this is just more of a food for thought I guess for those that are interested in understanding how express entry operates at a very high level.

However when we receive our response to the submission that we’ve drafted and submitted to CIC, I’ll make sure to discuss this like I said in future podcasts. So this concludes the forth episode of the Canadian Immigration podcast. I’m Mark Holthe an immigration lawyer practicing in the beautiful province of Alberta Canada, and we would– I’d encourage you to if you have any questions that you would like to ask to go to my website and you can submit them electronically in written form through our interface there, or if you would like to leave me a voice message you can also click on the tab that’s on the right side of my website called ‘Ask an immigration question,’ and leave a voice message for me.

These questions are responded to in my other podcast called Canadian Immigration Answers and we try to do those regularly as questions come in. If you need any direct assistance or otherwise with anything feel free to contact us and book an appointment for a paid consult. I look forward to our next podcast which should be coming shortly as more details are released regarding the express entry, and its scheduled launch in January the 1st 2015, thanks a lot.[/spoiler]

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Question [Holthe Tilleman LLP website]:

Are Labour Market Impact Assessments (LMIAs) mandatory in order to be drawn from the new Express Entry pool and granted an Invitation to Apply (ITA) for permanent resident status?

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You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe, I’m an immigration lawyer practicing in Alberta, Canada. Today’s question relates to one of our most popular topics, express entry. As most people are aware now, express entry is a new way that the government is able to manage the influx of applications or people applying for permanent residence in Canada. Express entry is used as a management tool to control the number of applications that come into the immigration streams each year. And by doing so, they are able to keep processing times down thus express entry. Processing is supposed to be done within six months of receipt of the application.

Now the question that has come up quite a bit lately is whether an LMIA, a Labor Market Impact Assessment, is actually needed in order to qualify and be drawn from the pool and given an invitation to apply. The government has consistently indicated that an individual does not need a Labor Market Impact Assessment necessarily to be drawn from the pool, and given an invitation to apply. Now as our dear government has done on a number of separate occasions, that answer is true and correct, but it’s critical to understand what they are really saying.

Now a careful review of the immigration regulations that have been published in the gazette on December the 1st, suggest that individuals who wish to apply through the Federal Skilled Worker or the Federal Skilled Trade categories will for all intents and purposes need to have an LMIA in order to qualify. Individuals who are going through the Canada Experience Class may not require an LMIA. Obviously if you have one it’s good, because you will get the extra 600 points towards the maximum 1200 points candidates can obtain through the new comprehensive ranking system. However, if a person has sufficient numbers of human capital points, they may be able to qualify without an LMIA.

Now this has been something that we have talked about over the last month considerably, and recommended that people apply right away if they do not have an LMIA, because there’s a chance they could be drawn even without that supporting job offer, if they get in the pool quickly. The government does not feel that there are large numbers of LMIA based work permits that would be seeking permanent residence at this time. And so it’s possible that individuals can get in on human capital alone. However, without getting too technical, if you are hoping to qualify into the Federal Skilled Worker program or the Federal Skilled Trade program at the very onset, you have to meet the qualifications for those programs.

In the case of Federal Skilled Worker, you need to obtain at least a minimum of 67 points in order to qualify for that program. Well, if you are relying on arranged employment, that arranged offer of employment to give you an extra 15 points to reach your 67 points, you can only count those arranged offers if you have a Labor Market Impact Assessment.

So basically the government is saying that in the past we allowed those on LMIA exempt work permits to also collect the points, the extra 15 points, for an arranged offer of employment regardless of whether they have an LMIA as long as the company they were working for was willing to offer them an indeterminate offer of employment. And that usually came in the form of a letter for existing temporary form workers, where the company that they worked for provided that letter of support, but that’s not the case anymore. If you want to qualify under Federal Skilled Worker or Federal Skilled Trade, you pretty much need to have a Labor Market Impact Assessment.

So the short answer is no, you do not need to have necessarily an LMIA to qualify and be granted an invitation to apply through express entry, but please be advised that if you don’t have one, you need to get your application in immediately. And I’d also want to bring up another factor that the government intends to place priority on certain types of applications over others. And so we envision that applicants under the Federal Skilled Trades, and then Federal Skilled Worker category, and then finally CEC, the Canada Experience Class. The government will rank these programs in order of priority, and the FST will rank ahead of the FSW, and the CEC will come in a distant third.

So the government is looking to draw individuals from the pool, they can indicate that they are only drawing Federal Skilled Trade this round, or they only are going to draw Federal Skilled Worker. And because CEC is the easiest to qualify under, that program will always rank third when it comes to them pulling individuals and giving them invitations to apply. I’ll also indicate that when you are applying for express entry, you will not be the one who chooses the program that you go through. It’s actually the government. So if you are engaging an authorized representative, a law firm, or a lawyer, and they are submitting an application for you, they will have to go through the same wizard as you would through the online application process, which will in essence make the determination as to which category you will be going under.

Now obviously as we work forward and get more familiar with the program, we’ll be able to answer questions in a way hopefully that will try to steer people towards the program that we feel will be of the most benefit to them. However, ultimately the government will decide which program you go through. So I hope that has answered, in a pretty fulsome way the question that was asked. But yeah, it’s going to be an interesting world to see how all of this express entry mania unfolds as people are scrambling to understand the program, to get their documentation ready, and to be ready to apply.

If you have any questions that you would like to ask me and our law firm, Holthe Tilleman LOP, please go to our website, www.ht-llp.com and you can ask a question through our text entry system. Or you can alternatively click on the right sidebar, the tab that says “Ask an immigration question,” and you can leave a voice message for us. We do our very best to collect all of the similar questions together and then podcast the answers as frequently as possible. So ask a question and we will endeavor to answer it.

Finally if you feel that you need more specific answers, you can contact our firm through our consultation section on our website and request a paid consult. We charge $100 for a 30 minute consult, and you will be able to speak with me. I look forward to our next podcast where we answer more immigration questions. Signing off.
[/spoiler]

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Question [Holthe Tilleman LLP website]:

Can Food Service Supervisors qualify for Express Entry?

[Tweet “Can Food Service Supervisors qualify for Express Entry?”]

Listen to Mark Holthe’s Answer

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe and I practice with the law firm of Holthe Tilleman in the beautiful province of Alberta, Canada. In this podcast we will be addressing the following question. “I’m a food service supervisor currently working with a fast food franchise in the province of Alberta. I’ve submitted my Alberta immigrant nominee program application. However, I have not yet received a nomination. I am concerned that the nomination will not come through in time for me to extend my work permit as I would be reaching the four year cap on April the 1st 2015. With the launch of the express entry in January of 2015, can I qualify?”

Now I get this question a lot. And in speaking with the head officials of the Alberta Immigration Nominee Program, it is clear that there are over or close to 2000 individuals currently in the queue waiting for their AINP to be adjudicated, and for them to receive their nomination. With the timing of work permits that are going to be expiring in April of next year, many people are really caught in limbo. And so the question becomes, can we apply through the new express entry program for permanent residence.

Now if we think back to the existing programs because nothing has changed theoretically with the Canada experience class, the federal skilled worker program or the federal skilled trade programs, which are all affected by this new express entry scheme, the question becomes can you qualify independently through one of those categories? So it may be possible for a food service supervisor who is a skill level B or a skilled worker in Canada, that they could qualify under one of those programs. Now usually the route that was followed was the Canada experience class, because all you would need is one year of experience and a corresponding minimum level of at least five on the Canadian language benchmark at least for skill level B, which are our food service supervisors.

But there’s a problem. And the problem was that the federal government created a list of ineligible occupations, and that was included on it or cooks and food service supervisors among others. Well the reality, come January that list will no longer exist. So it is absolutely possible for you to apply through express entry. Provided you have the necessary level of English language ability and that you have a minimum of one year skilled work experience in Canada, then it is possible for you to apply.

Now one advantage that food service supervisors have is that generally speaking you are working on a labor market impact based work permit. Well, under the new express entry system that gives you a definite step up over any other applicant that does not necessarily have an LMIA supporting their work permit. So you could have a CEO of a publically traded company that came into Canada through one of the senior managerial level intra-company transfer permissions that didn’t require an LMIA. And if you as a food service supervisor have an LMIA, you will be selected before that CEO.

Now that’s sound like a pretty interesting distinction, but the reality is there are a total of 1200 points available for individuals who submit profiles to the express entry pool. Of those 1200, 600 are given a radar-off-the-butt for holding a Labor Market Impact Assessment. So our food service supervisor is automatically going to be ahead of that CEO given the fact the LMIA gives them 600 points. So if you are in that situation, my recommendation is that you start the process immediately to prepare to file your express entry profile at the earliest possible opportunity come January the 1st.

And the reason is because you have to be drawn early if you are capping out on April the 1st. And when you submit your application, the first draw will come at the end of January of 2015. If you are fortunate enough to have your profile complete and be drawn and given an invitation to apply, then you also need to be prepared to file your permanent residence application immediately without any delay, so that you can have that application received, assessed and reach the first stage of approval, where the government accepts it as being a complete application under one of those three permanent residence categories.

Ultimately we are not exactly sure how they are going to be selecting individuals, because they can choose generally the applicants that rank the highest in terms of points. So whichever ones have the highest point level based on the 1200 points that they have established. But they also have the ability to select specific industry or to use different methods for ranking individuals. But at this stage, if you are running out of time, then this is an option for you.

So if you reach first stage of approval and your current work permit has not expired, in other words it hasn’t reached April 1st 2015, then you can apply for a bridging work permit to essentially save your work status, and continue working on that open permit until permanent residence is ultimately received. And we know through express entry that they have indicated that will be some point, but less than six months processing.

So I hope that answer clarifies that question which I get a lot. Ultimately there’s no guarantees because it’s up to the government to decide who they wish to draw. But if you act quickly, we know that there are not going to be a lot of individuals with Labor Market Impact Assessments who will be submitting applications into express entry, and so it’s very possible that you could be drawn.

This concludes this portion of our Canadian Immigration Answers and if you have any question, feel free to go to my website www.ht-llp.com. And you can leave a text message for us through our written interface, or alternatively you can click on the side bar, ask an immigration question, and leave a digital voice mail for me.

We will continue to group the question that are similar and answer in as much detail as possible going forward here. So leave those questions and if you have something of a more specific nature that you would like to book a consult, please feel free to do that. Our fee is $100 for a thirty minute consult, and you will have the opportunity to speak with me. Take care and signing off.[/spoiler]

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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.

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Question [Holthe Tilleman LLP website]:

I am working in Canada on a valid LMIA based work permit. My employer has filed an LMIA application however it has not yet been approved. My work permit is expiring within the next 2 weeks. What can I do to ensure I can keep working until the LMIA is received?

Listen to Mark Holthe’s Answer

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration Answers podcast. My name is Mark Holthe and I’m an immigration lawyer with Holthe Tilleman, located in the beautiful province of Alberta Canada. This podcast is a source of answers to various immigration questions I receive through the ‘ask an immigration question portals’ on my website, ht-llp.com. Our Holthe Tilleman website is designed to provide lots or resources and information for people desiring to submit immigration applications to Canada.

The Immigration Answers podcast was created to provide this with an avenue where people could ask questions through our website, and then receive podcast and answers back. Now often I will receive questions from a number of people that relate to the same topics. So this podcast has been created as an avenue to respond to all those people, all at once. If you have specific questions that cannot really be answered through a general question and answer process, please go to my website at ht-llop.com, and book a consult, a paid consult. And we charge $100 for 30 minutes, and I would be happy to address your specific concerns and give you formal legal advice.

This time I’d also like to provide a disclaimer that the information provided here in this podcast is of a general nature only, it is not to be taken as a legal advice. If you really need legal advice and direction, then it’s recommended that you connect with a lawyer, an immigration lawyer to provide that advice to you. So without any further ado, here is this podcast — this is the question answer for this podcast. The question reads, I’m working in Canada on a valid LMIA based work permit. My employer has filed an LMIA application; however it has not yet been approved. My work permit is expiring within the next two weeks, what can I do to ensure I can keep working until the LMIA is received?

Well, we know when you file a work permit; you always need to have a labor market impact assessment supporting it, unless you qualify under one of the LMIA exempt categories. So in this circumstance here with this question, a person’s work permit is expiring, they are running out of time, they are not sure what to do; the company has not yet obtained the labor market impact assessment, and so the employee is really stuck. Well, in the past yeah, there wasn’t really a good option to resolve this issue that this particular person has articulated. In other words work permits would expire, and people would have to stop working and then apply to restore their status and they would have 90 days to do that, while they were waiting on the LMIA. But during that time period they couldn’t work.

That is until Citizenship and Immigration Canada released an operational bulletin that made it change. And so the change was to allow someone to file their work permit application when there was two weeks or less remaining on the validity of that work permit, provide proof that they had a valid job offer from a company, and that they have proof that the employer has submitted a request to service Canada for a new LMIA. The processing fee would be taken by the government, and that application would be held for two months from the date that it was received. And after that a decision to either refuse or proof the work permit would be made.

Now what this allows this person to do is to buy some time. By filing the work permit extension, they can benefit from implied status, and can continue to work under the same terms and conditions of the original work permit until a decision has been made on the work permit. Before this policy if someone filed that the work permit would often be refused because there’s no LMO to support it, or LMIA I should say. But now because of that policy, they have agreed to hold those work permits for up to two moths pending receipt of the LMIA. So for this particular worker you do have an option, and you can file through that process, and that is the answer to the immigration question for today.
[/spoiler]

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Listen to Mark Holthe’s Answer

[UPDATED: April 1, 2017]

Express Entry has now been in existence for a little over two years. We have learned a lot of very harsh lessons from how Immigration, Refugees, and Citizenship Canada has been processing applications. The most important overriding lesson is that IRCC will show no mercy to anyone submitting deficient applications. Failing to include a document, regardless of how insignificant, can result in the application be returned, or outright rejected on its merits.

Great care must be taken when submitting an Express Entry application.

Where to find the best  Express Entry information and resources

If you want to read the proposed legal provisions (if you are interested in that kind of thing) they are found here. Although I am a lawyer, don’t get the idea that I enjoy reading them. I do it because my clients expect it and to practice immigration law with any degree of competence, you need to understand the actual regulations and law governing the immigration process and not just accept, at face value, an officers interpretation of what they think it is – especially when you are faced with a refusal of your application.

With this being said, not everyone can make sense of statutory language, so the best source of information is the official Express Entry Website that provides excellent information in a way that most of us can understand. You will want to examine carefully the section describing how the Comprehensive Ranking System (CRS) works. This will give you a very good idea as to the factors CIC considers most important for foreign nationals desiring to immigration to Canada under one of our Economic Class programs.

In future blogs I will spend more time breaking down the CRS formula including how to increase your score through improving your core “Human Capital” and “Skill Transferability” factors.  However, with the high number of Temporary Foreign Workers running out of time due to the April 1, 2015 cap, the only thing that really matters is how to ensure your application is complete and ready to submit on January 1, 2015 (or the earliest possible time after EE is launched) so that there is a chance of getting drawn as soon as possible.

Let’s face it, for many TFWs, time is just about up and this may be your last chance at remaining in Canada permanently (See my Blog entitled “Temporary Foreign Worker Program – 4 Year Cap is Looming: Top 5 Ways to Stay” if you would like other ideas on how you might be able to stay legally).

Authorized representatives and slick Express Entry marketing plans

With the impending launch of Express Entry, it is not surprising that all sorts of amazing marketing strategies are popping up all over the Internet.  Immigration lawyers and consultants are clambering to attract the attention of foreign nationals looking to engage a reputable representative to guide them through the Express Entry process. Although the decision to hire an authorized representative depends on a number of important factors, I would strongly encourage you to be very cautious engaging any firm or other immigration group that does not have their actual immigration professionals listed clearly on their website. I believe foreign nationals are taking a great risk when engaging a faceless entity to assist them with some of the most important decisions of their lives.

Make sure you know exactly who is representing you and who will be working on your file. It doesn’t matter if the lawyer or consultant managing the firm has 5000 years of experience in immigration. If their paralegal or other support staff are the ones completing the application, without direct oversight and ongoing training from that lawyer or consultant, the vast experience of that principal is ultimately meaningless. So choose wisely, not cheaply.

I must admit that I have been quite surprised at how quickly these new Express Entry marketing websites, entertaining videos and wide assortment of infographics have surfaced. In the vast majority of cases, the information is just a summary of the information contained within the CIC Express Entry website. However, some of the professional videos that have been produced by my colleagues within the immigration bar are quite impressive. In fact, after watching these informational videos on Express Entry,  I think CIC should adopt them and put them on the official Express Entry website. They are really well done.

So how can my little firm compete?

So as I sit here late at night feeling considerable “website/video envy”, wondering how my awesome little firm (with our simple little website) is going to compete with the slick marketing campaigns of my much large and sophisticated competitors, I realize that maybe I really don’t have to compete at all.

Maybe all I need to do is focus on what I do best!

I just need to keep writing informative blogs and releasing useful podcasts (you can subscribe to my “Canadian Immigration Podcast” and my “Canadian Immigration Answers” podcast on iTunes) that actually give people useful tips and strategies for navigating the soon-to-be troubled waters of Express Entry.

Express Entry minefields examined in future blogs.

However, notwithstanding the information and strategies I explain in this blog, candidates need to understand that although the government goes to great lengths to make the Express Entry process appear simple with no need to hire a representative to assist them, in fact, there are a number of potential minefields that can trip up an unsuspecting candidate and cause them to be, at best, bounced from the candidate pool and, at worst, barred from applying under the program for a minimum period of 5 years. However, I will also reserve the identification of these dangers for another blog.

This blog is all about knowing what you need to do now to give yourself the best chance of being selected early come January 1, 2015 when Express Entry is launched.

Top 5 things you must do now to increase your chance of getting drawn quickly for Express Entry

With the 4 year cap looming on April 1, 2015 and the corresponding desire of many TFWs to obtain PR status as quickly as possible in order to remain in Canada, I have provided below the top 5 things you need to do now in order to put yourself in the best position possible to file your application as soon as Express Entry opens on January 1, 2015.

1. Apply immediately for any critical third-party supporting documentation. In other words, if you have to request documentation from any outside agency, you are completely at the mercy of their processing times. As such, you must apply immediately because as more people start doing what you are doing, processing times will skyrocket. In order to submit your application you will need to have your supporting documentation ready. Although CIC may allow candidates to submit profiles without some original supporting documents, they will most definitely require proof that they had been applied for. The most critical of the “third-party” documents (things you need to apply for or book an appointment to get) include:

• Language Testing Results (LTR). This is probably the most important “third-party” document you will need to obtain. You have the option of taking the Canadian English Language Proficiency Index Program (CELPIP) or the International English Language Testing System (IELTS). You need only take the “General Test” for either option. Information regarding these tests can be found here. We have found that clients who learned English in the Americas generally do better with the CELPIP test as the accent is “Canadian” and often times easier to understand. The IELTS may be a little tougher because the accent tends to be more closely associated with continental English with its accompanying variations in terminology. Obviously if you learned continental English, the IELTS may suite you just fine.

[HINT: Sample CELPIP tests can be accessed here.]

[HINT: Sample IELTS test samples can be accessed here.]

• Educational Credential Assessments (ECA). Although ECAs are only mandatory for FSW applicants, a favourable ECA report will earn you more points for education on the CRS and improve your chances of being drawn. Once again, processing times are the real issue. With all of the credential assessment locations being inundated with requests, processing times are climbing all over the place. In some cases, there are delays of up to 3 or 4 months to obtain an ECA. Make sure to call around and specifically ask for processing times. CIC has provided a list of the designated organizations for ECAs here. Our latest experience suggests that the World Education Services may be one of the quicker options. However, you need to shop around. If you are desperate and running out of time and money is not an option, you may even consider submitting your credentials for assessment at multiple locations and take the results that come back the quickest. Obviously, one would expect that the assessments should be comparable. However, if they are not, then presumably you would use the one that provides the most favourable assessment.
• Police Clearances (PC). Depending upon the countries from which you need clearances, you must at the very least start the process and document all of your efforts. If you are applying through a jurisdiction where the process can take up to 3 months or longer, you will be able to submit evidence to support the fact you have applied for the clearances. However, if you do not keep copies of the efforts you are making to secure your police clearance, CIC will bounce your application if you have submitted nothing and are at the police clearance stage.

[HINT: Police Clearance information can be found here.

• Immigration Medicals (IM). Remember that immigration medical examinations must be obtained from a CIC designated Panel Physician. As is the case with ECAs and PCs, as candidates are rushing to complete IMs to finalize their PR applications, it will become increasingly difficult to book appointments with Panel Physicians. Book now so that you are able to get your IM right away. Immigration medicals are valid for a period of one year.

[HINT: The global list of CIC Panel Physicians can be found here.

2. Start collecting your civil status documents. Make sure that you have your birth certificates, marriage certificates (if applicable) and valid passports ready.

• Birth Certificates. One of the most troublesome of the civil status documents is the birth certificate. Most TFWs in Canada came to Canada by virtue  of their passport and as such, may not have their birth certificates readily available. As such, we often find our clients scrambling to locate their birth certificates back in their home countries and frequently end up having to order new ones if they are lost. This process can take time, so make sure that you have either your birth certificate in hand, can easily access it, or have ordered a new one. This advice would apply equally to marriage certificates as well.
• Passports. The problem with passports is that they have an expiry date. We have had a number of occasions where we were preparing to file a PR application for a client when we realized that the passport was expiring in just a few months. Make sure your passport is valid for at least one year. If it is not, we recommend that you take steps immediately to have it extended as CIC requires a passport to be valid for at least 6 months at the time of visa issuance. We know that CIC is going to be super strict when it comes to supporting documentation, so although we have been able to submit copies of expired passports in the past with an accompanying statement indicating that an application had been filed for an extension or a new one, I would strongly discourage doing this now as CIC will have no problem returning a person to the EE pool if a complete application has not been filed within the 60 day window.

3. Collect reference letters. Make sure that all reference letters meet the minimum expectations of the various PR programs. If you want to know exactly what the reference letters currently need to look like, go directly to the document checklists for each specific program – Canada Experience Class (CEC), Federal Skilled Worker Program (FSW), Federal Skilled Trades (FST). CIC has confirmed that they will not be making substantive changes to the CEC, FSW, or FST categories when EE is introduced. However, it is possible the some of these requirements could change. Given the consequence of further delays, it makes sense to get the letters in accordance with the existing instructions and then make any changes later in the event the document checklists are substantially changed by CIC. However, as I indicated previously, this is unlikely.

One of the areas that causes the most difficulty for foreign nationals is ensuring that they have properly matched their particular position with the correct National Occupational Classification (NOC) code. Please remember that CIC uses the 2011 NOC for the purposes of the Express Entry program, but the Temporary Foreign Worker Program uses the 2006 NOC. This distinction can be important if the duties and/or employment requirements for your position are different when comparing the 2006 NOC with the position profile for the 2011 NOC. Because of this distinction, be careful when relying blindly on the NOC code set out in your LMIA (LMO) confirmation. If you get the NOC code wrong, it could unravel your whole PR application and lead to a refusal thus placing you back into the EE pool.

Finally, in order to ensure a proper identification of your  position within the NOC, you must be able to demonstrate that you performed the actions set out in the “lead statement” for the occupation as well as a substantial number of the “main duties” of the occupation as set out in the occupational description of the NOC. If the duties do not match, the PR application may be refused.

4. Complete the existing PR application forms now. Identify the PR category or categories you feel you may qualify under and start completing all of the application forms as they currently exist.

We know that the EE application system will be electronic; however, it is highly probable that if you have taken the time to thoroughly complete the current application forms, this information will likely be the exact information you will need to complete the electronic based application materials once they are released. By completing the existing forms as a reference point, you can save considerable time after EE is launched because all you will need to do is transcribe the information from your forms into the EE electronic filing system.

There is nothing worse than having to waste valuable days attempting to recalling specific residential addresses and where you have travelled over the past 10 years. Depending upon your personal history, collecting this information can be extremely time consuming often necessitating the enlistment of family and friends living abroad to help in the search.

[HINT: Links to the EE eligible permanent resident programs are set out below:

Canada Experience Class

Federal Skilled Worker

Federal Skilled Trades

5. If you are running out of time, consider hiring an authorized representative. I recognize  that this may once again be a shameless plug for hiring our law firm. However, if you are racing to beat the Temporary Foreign Worker cap on April 1, 2015, you are going to need a lot of help. Not only are you likely working full time, but this will be your first experience applying for permanent resident status in Canada. It goes without saying that you can not afford to get it wrong. In fact, even if you get it right and manage to have your EE candidate profile placed into the pool, you may be missing out on critical human capital and skill transferability points without even knowing it. These points could make the difference between being extended an ITA and languishing in the pool until its simply too late and you have to return home.

Why hire Holthe Tilleman LLP?

As I indicated earlier in this blog, our firm does not have the resources to produce fancy videos, or the in-house talent to create slick infographics or other enticing marketing campaigns to entertain you or wow you with our sophistication. What we have to offer is what you see above – and we offer it freely.

Our desire is to provide tons of useful information and direction for those who want to “Do-it-themselves” while at the same time demonstrating to those interested in hiring an immigration representative that we know what we are doing and can actually help. If you want to learn more about the services we offer and why we feel we stand out from the crowd, click here.

Ask us a 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 Holthe

Partner, Holthe Tilleman LLP

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.

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to the Canadian Immigration podcast episode 3. My name is Mark Holthe, and I’m an immigration lawyer with Holthe Tilleman in the beautiful province of Alberta, Canada. In this episode we are going to be talking about the express entry program that will be starting in January of 2015. As everyone is preparing for the program, this podcast is designed to give you tips and strategies on how to prepare now, so that you are ready when the program opens up to submit your application.

The title of the podcast is the top five things that you need to prepare now to increase your chance of early selection. Just recently Citizenship and Immigration Canada finally released the criteria that they are using to assess candidates who are applying under the Canada experience– the Canadian express entry process. For the most part we now have a pretty good idea what they are going to be looking for when they are extending invitations to apply or ITAs too for nationals who are applying and submitting their profiles into their express entry pool.

Now I’m not going to spend too much time going over the general program. There are an unbelievable amount of resources out in the public domain already that talk about the express entry program, and so I don’t intend to do that. The best location for information and resources on the express entry program is actually Citizenship and Immigration Canada’s main website. If you check my show notes that are attached to this podcast, I’ll have a number of different links that you can access to find these resources.

The express entry website contains a lot of excellent information, both directed towards employers and foreign workers or foreign nationals who are looking at utilizing this process of obtaining permanent residence status in Canada. There is also a link now to the comprehensive rankling system that will be used by the government when they are essentially ranking individuals against others within the pool to select what they determine to be the best and the brightest and the most applicable to our current labor market needs. I’ve also provided a link within the show notes to the regulations that are proposed and stipulate basically the legal foundation for the express entry program; obviously not everybody is into statutory interpretation, and reading the laws as they are drafted in statutory form.

Don’t get me wrong, as a lawyer I definitely don’t enjoy reading those, but the reality is my clients expect me to do it, and so I do in order to stay on top of everything. And in fact as far as I’m concerned having understanding of the laws that really drive immigration is critical to practice immigration law with any degree of confidence. So there is a link there for those of you who are into that kind of thing, but ultimately right now if you are looking for general information, the CIC website is really good. In other podcasts to come, I’ll address more factors related to the comprehensive ranking system including ways in which to improve your score with respect to the human capital factors and the skill transferability factors, which I won’t get into a lot of details here, but those are some of the factors the government looks at when they are determining which candidates they want to select for the program.

With the temporary foreign worker cap quickly approaching on April the 1st of 2015, I think the only thing that really matters to foreign workers that are currently working in Canada, at least those who are in skill level B positions, is how they can apply and what they need to do to get in as quickly as possible, so that they can find a way to stay here especially when their work permits are capping out, or their employers if they are in the food service industry or other service oriented industries, if their employers are employing more than 10% foreign workers, then their permits are not able to be extended either.
So there is a number of people that are looking at ways in which they can apply through this new express entry process, but at the end of the day this particular podcast is going to be focused on the things that we need to do right now to get ready so that when that program is released in January that you will be ready to submit your application right away and hopefully get selected within the first selection process.
With some of the employer outreach meetings that I have attended lately, they are indicating that the first draw from the express entry pool will likely occur at the end of January. So if you want to get your application in, I’m going to cover a few of the most important things that I feel you need t do right now before we even really know what they are going to be requesting when the application process is officially released.

Now as I scan through the web and I look at all the resources there it’s absolutely amazing, all of the marketing strategies that are popping up all over the internet, I was searching just the other day express entry, and it took me to this site and I couldn’t even tell if it was CIC or whether it was some other organization, but there was a box to click and you could register and provide your information, allegedly I guess to this organization so that they could start the process of preparing for express entry, but at the end of the day it took me a little while to dig back until I realized that it wasn’t Citizenship and Immigration Canada, but it was some other anonymous site. And it’s absolutely unbelievable how many different resources whether they are videos or infographics, describing the process or fancy websites, it’s quite amazing.

But one thing I would advise as you’re going through this process and if you are someone who’s looking at the express entry program, be careful who you use. Ultimately I’ve always felt that if a website is advertising their expertise with respect to Canadian Immigration, and there is no link directly to the professional, whether it’s a consultant or a lawyer who will be acting on your behalf, I would be very weary. Alternatively, many websites boast the number of years of experience that the firm has, the fact of the matter is whether you are a lawyer or a consultant, and your firm has 5000 years of experience in immigration, essentially if the paralegals or the support stuff are the ones that are completing the applications, and there is no direct oversight or ongoing training from that particular lawyer or consultant down to their support staff, well that vast experience that they are boasting really isn’t going to help you in any of it.

So choose wisely and not cheaply, is probably the best way to look at it. Now like I said I was pretty amazed with some of the amazing resources that are out there, and in particular some of the professional videos that have been produced by some of my colleagues at least are quite impressive. In fact as I was watching them I was thinking to myself boy CIC should adopt these and put them on the official express entry website, because they do an excellent job of explaining from a 10,000 foot level how the program is supposed to work.

So as I sit here late this evening doing this podcast, feeling a little bit of website/video envy wondering to myself how is my awesome little law firm going– with a simple website going to compete with this slick marketing campaigns of these larger sophisticated competitors. And as I thought about that a lot, I’ve come to realize it probably doesn’t even matter, I probably don’t even have to compete with them at all, and realistically I couldn’t I don’t have the resources to do it. So instead what I’m going to do it continue to focus on what I do best, and that is providing informative blogs, and releasing useful podcasts that actually give information that you can use to help you manage and work your way through this immigration process.
I also have and I’ll let you know now at this time that there is a separate Canadian Immigration Answers podcast that I created, and I realized that it probably made more sense to have a separate podcast just to answer all those questions that I get, and then reserve this one to talk about more higher level strategic information regarding the changes that Citizenship and Immigration Canada is making to all of their various permanent and temporary immigration programs.

So that is my goal, and hopefully if you like what you hear, and you get the idea that I know a little bit about what I’m talking about, then you will have what greater desire to consider booking a consult with our firm and using us. But at the end of the day the goal behind this podcast and the other blogs that I write and information that I provide is to allow people who want to do it themselves the opportunity to get some free advice and free information, and I’ll put the disclaimer out there this is general information, it’s not to be utilized for, or intended to be legal advice, because every person’s circumstances are different. And the only real way that proper legal advice can be given and relied upon is if the specific details of that person or your immigration situation is discussed in a consultation form.

So I put that out there, if you are interested in booking a consult with me any time, just go to our website, ht-llp.com and follow the links and set up a consult, I’d be happy to discuss any of your immigration needs. So enough of me talking about myself, and going out of my way to plug our firm, let’s get right into these top five things that you must do, really at this stage if you have any hope of increasing your chances of getting drawn quickly through the express entry process. So April 1st 2015 is the four year cap for a lot of people, but as I indicated not just those that have been in Canada for four years, but also those who are employed with companies that are up until the overhaul of the foreign worker program in June of this past year had a greater proportion of foreign workers than allowed.

So essentially 10% is the limit, any companies that have more than that, they are not going to be able to extend their work permits, and obtain new labor market impact assessments for their employees. Okay, so the first thing you must apply immediately for any critical 3rd party supporting documentation. So in other words these are documents that are outside of your control in terms of how fast you can get them. Some of the examples that come to mind immediately are the language test results, and so we know when it comes time to apply for the express entry program we need to have our language, our English language capabilities assessed. The government has sanctioned on the English side two organizations to administer these tests, the first is the Canadian English Language Proficiency Index program commonly known as CELPIP, and the other is the International English Language Testing System or IELTS.

So with each of those the general test is the one that you would take, and also within my show notes I’ve got some links to some sample tests and for both of those organizations. Ultimately you have to remember that if you are trying to get into express entry and you know you need language testing, and everybody is trying to get in as well, each of these 3rd party sources are going to be inundated, so don’t wait until January the 1st once you know for sure what’s required, we know English will be. So go ahead get that test, book it quickly, it will be valid for up to two years, so do it now and then you will have it and you won’t have to worry about it later, and it will save you time, and this is what we are trying to do. Collect the information that we need as much as possible in advance, so that when January the 1st rolls around you will be ready to hit the pavement running, and be ahead of the other ones racing to get their applications in.

Okay, so all underneath this third party, the first one which is obtaining the third party supporting documentation first is the language test results. Second is the educational credential assessment. So right now the federal skilled worker program is really the only one that specifically requires there ECAs or Educational Credential Assessments. However if you want to obtain more points under the human capital factors of express entry, you really need to get your credentials assessed, and right now the processing times with some of these testing locations has really climbed over the last little stretch. And so we are looking it up to three or four months with some of them in order to obtain that ECA.

Now our latest experience and I’ve provided a list within my show notes, that there is lots of links there that will take you directly to the source of information. I’m not going to regurgitate it here, I’m not going to basically restate everything that’s on the government website, my goal is to give you practical tips and show you where to find the information. But within that list I’ve designated organizations. The one that we found tends to turn things around the quickest right now is the world education services.

So it maybe a quicker option, however you need to shop around, and ultimately if you are in a situation where money isn’t the biggest issue but time is everything, please call around, ask for processing times, and if you’re just not sure there is nothing preventing you from making that request for an ECA from multiple organizations. So that’s a possible consideration too, and then obviously if you– it would be expected that the assessments that you get back are going to be comparable I would hope so, but in the event they are not then I guess you’ll take the one that’s most favorable to you.

All right, the next third party document is a police clearance. So depending on the countries where you need clearances from, processing times can be pretty high. So take a quick look and reach out to the organizations and get that started immediately. Obviously if you have filled your application or at least you’ve expressed an interest and submitted your profile into the express entry pool, if you are given an ITA you have only 60 days to get your permanent residence application filed. So there isn’t time for you to really start requesting police clearances at that late hour, especially when you are trying to get permanent residence as quickly as possible because you are capping put on your work permit.

So what you need to do is start the process now, if it’s going to take a number of months to get it, at least keep copies of all of the efforts you’ve made to request it. So if there is an application form, keep a copy of what you sent to the police authority, you can then use that evidence to support the fact that you’ve made the application and it’s our understanding that CIC will accept that if they’ve seen that you’ve already applied and you’re just waiting. But if you’ve done nothing and you reach the police clearance stage of your application, then and you are scrambling to get the police clearance, if you run out of time, you are going to get bounced right back into the pool and maybe not even get drawn again. So there is a link within the show notes as well, to the CIC website where it’s the basic information on attaining police clearances for various jurisdictions all throughout the world.

The last third party document is an immigration medical. These immigration medicals are valid for a year, so with express entry holding out that they will turn an application around in less than six months, it makes perfect sense to move forward and get that immigration medical and do an upfront medical right now. Remember that immigration medicals have to obtained from a designated panel physician within CIC. So CIC has identified doctors all around the world and they are specifically trained to do immigration medicals, and have the resources to electronically transmit those results to CIC.

So go to the show notes, there is a global list of those panel physicians and find the one that is closest to you, start booking appointments immediately, because the reality is just like all of these other things the more people that apply, the longer the processing times, and you are going to have a lot harder time booking an appointment for a medical if there is 1000 other people trying to do so as well. So book now. So that is step one, a pretty comprehensive tip.

Next number two is to start collecting your civil status documents. Now when I think about civil status documents, the ones that come to mind right off the bat are birth certificates. Normally you would think that birth certificates will not be a big issue, however when you think about it foreign workers that are here in Canada often do not require a birth certificate necessarily to apply for a work permit, their passport is sufficient. So while you are here in Canada and if you’ve been here for a number of years sometimes it might be difficult to get that birth certificate, in fact some countries do not even issue birth certificates in the way that CIC likes to see them. So it’s really important that you take whatever steps you need to right now, to either locate your birth certificate right away, request help from family or friends in your home country to obtain access to one, or if need be which is sometimes the case, you need to order a new one and this takes time.

So I recommend that you do that immediately, and this also applies to marriage certificates as well. So birth certificate and a marriage certificate if applicable, get on those right away. The next civil status documents are passports. Now you’d think what’s the big deal with the passport, I have my passport. Well check the expiry date. On occasion we are just about ready to file a permanent resident application for a client when we realize that the passport was expiring in just a few months. Well obviously CIC requires that passports be at least six months at the time of visa issuance. So if your passport is going to be expiring in one year or less, I strongly encourage you that you start taking steps to extend it or to renew it.

Ultimately we know CIC is going to be super strict with these express entry applications, and if you’ve gone through the process, entering your profile into the express entry pool, you are lucky enough to obtain an invitation to apply, and then you submit a permanent resident application only to have it rejected because your passport is not valid long enough, that would be just a terrible shame. So make sure that you don’t leave any stone unturned when it comes to ensuring that your application is complete. The consequences can be devastating especially if you are counting on that permanent residence application to go through, so that you could potentially qualify for a bridging work permit before your existing permit expired.

Now as I indicated before, you often will only have 60 days to file your permanent resident applications, and so once that ITA is granted or extended to you, you really have to move quickly, because otherwise you just will not have enough time to meet the deadlines. Now some people may say I know someone who was able to submit a copy of their existing passport that was going to be expiring, and then indicate to CIC that they would provide a copy of the new passport once it was obtained, and in the past without a doubt we did that all the time. But I just want to emphasize how strict they have told us at all of my national executive committee meetings with the CBA and other organizations, they have repeatedly instructed to us that they are going to be very strict.

So gone are the days where if something was deficient they would send a letter to you telling you what was deficient and holding your application. Now if there is something wrong with it, if you forgot a birth certificate, if you didn’t include the proper language assessment with your application, it would be returned, and you would be put back into the pool and who knows maybe by that time the quality of candidates will have increased and that pass mark to be selected may be beyond you. So we’re talking about, this is a really-really serious time when it comes to immigration, especially given the consequences for foreign workers that are going to be capping out.

Okay, third thing, third tip or I should say the third top thing that you can do is to start collecting your reference letters. We know that we need those reference letters to support our permanent residence applications, and that’s whether it’s under the Canada experience class, the federal skilled worker or federal skilled trade programs, and in all honesty even the provincial nominee program, those that support skilled workers through employer driven streams. So collect your reference letters, remember that each program whether it’s CEC, federal skilled worker, federal skilled trade, that each of them have little differences within what they want to see in those reference letters. If you go to the show notes once again, and you’ll be able to see links to the various document checklist. Follow those document checklists explicitly.

We have seen CIC refuse to accept reference letters when they have been deficient of those specific things that they want to see in them. Now I won’t go into detail as to how those letters are supposed to look. You can go to the document checklist and look at them, but just make sure that you if you know which program, which permanent residence program you’re ultimately shooting for, follow that checklist and you get those reference letters in place. Like I said given the consequences once again you just don’t want to take a chance.

Now it’s possible that CIC could change those document checklist after the new express entry program has been launched, however it’s pretty unlikely because they have told us in our meetings that and within all the materials they published on their websites that the basic permanent residence programs will not change. It’s just the imposition of this express entry scheme at the front end to allow them to choose who they want to apply for permanent residence. Now with these reference letters we also have some other concerns, part of the requirement when you are applying under these economic class is to show that you are working in a skilled occupation.

So this is something that I haven’t yet addressed, but if you are working in a low wage or low skill I should say occupation, you will not be eligible to participate through express entry. So food counter attendants, general construction laborers or trades helpers, these types of positions general farm laborers, will not be eligible to apply thorough express entry, you will have to turn to whatever provincial program maybe available to you. So with this process and knowing that you have to be working in a skilled occupation, Immigration Canada requires you to tell them which one you think it is.

There is a little bit of confusion with this, they use the national occupational classification code which is a comprehensive database of all of the positions that people can fill across the country. You have to slack which position matches the job you are currently filling. Now the confusion lies with the fact that there is a 2006 NOC and a 2011 NOC. Remember that CIC uses the 2011 NOC for the purposes of express entry. So when you are trying to track down which position matches yours, don’t just simply rely on the NOC hold placed in you labor market impact assessment confirmation if you have one. Don’t just rely on that because ESDC and the temporary foreign worker program uses the 2006 NOC. Now you will ask why is that? Why does the government for permanent applications use the 2011 NOC, and for temporary work applications use the 2006 NOC?

Well the answer to that question is really money, resources. The temporary foreign worker program was– all of the internal software that they use to generate LMIA confirmations, was all built, and engineered based on the old 2006 NOC, and the cost of switching over to the 2011 at this stage just didn’t make sense. So it was going to cost took much for the benefit. So we now have to deal with two separate NOCs and knowing which of them applies to what we are trying to accomplish when we are accessing the Canadian Immigration process. So be careful with that.

Now the final one that I will identify, at least the final concern with reference letters is the fact that your position truly has to match the position within the NOC. So how do you identify properly which one it is that fits for you? Well the law in the regulations immigration refugee protection regulations, specifically state that if you want the position to match, you must be able to demonstrate that you performed the actions set out in the leads statement for the occupation as well as a substantial number of the main duties listed for that occupation as it’s set out in the description on the NOC website. So you need to take a close look at that lead statement because you need to have completed all of those things that apply, and then a substantial number of the main duties.

If your position departs too far away from the position you feel is the match, then you’re probably off base and will need to look for a different one, this is a situation where we’ve seen a lot of refusals under the Canada experienced class, because they’ve not felt the person actually is performing the duties of a skilled worker, or the position that they’ve sought when in actuality they feel they are in more of a low skill position. So be careful and remember that if the duties don’t match, there is a good chance– a strong likelihood that the permanent residence application you’ve just filled is going to be refused. This process is not easy, it’s technical, it’s difficult. So pay close attention to it and follow the links, once again that I have in my show notes.
All right, here’s the fourth thing that you can do. Complete the existing PR application forms now. You are probably saying well isn’t this supposed to be an electronic system, so why I’m I completing the paper application forms? Well the reality is there is a significantly good chance that the information you’re collecting to fill in the forms now, whether it’s through the CEC or the FSW or FST regardless that the forms you are filling for these are going to be very similar to the information that will be contained in the new electronic filing system.

So if you take the time to go through and search out your history and look back at where you’ve lived for the past 10 years and your travel history, if you go through that process, and trust me it will take time if you’ve moved around a lot, you’ll then be in a far better position to simply transcribe from those forms right into the electronic application process, which will obviously save your time and get you in faster than people that haven’t. Now if you are anything like me it will take you quite a while to figure out what exactly all the addresses you’ve lived at for the past 10 years, and that will take time. So if you do this work now, you’ll be in a really-really good position. Within the show notes I’ve included links to the application forms for each of those three categories, CEC, FSW, and FST.

Now the last one and this one is once again self-serving, and it’s a shameless plug for hiring our law firm, but the reality is if you are running out of time, you really should consider hiring an authorized representative to help you. I recognize that the whole purpose of me doing this is to encourage you to consider hiring our firm. But even if you don’t chose to engage us, and you are running out of time, understand that that cap is coming quick and any little mistake that you make is going to be the difference between staying in Canada, or having to go home.

Now in most case, foreign workers here you are currently working fulltime, and this may be the very first time that you’ve ever applied for permanent residence status in Canada. So like I said it goes without saying that you can’t afford to get it wrong. By hiring an authorized representative, at least someone that’s competent to do it, they can be working on your behalf, they know or should know the system, and the basic information inside and out, and can make sure that your application is submitted properly, vetted properly, and that it is filled as soon as practical. Now obviously you want to speak with that firm, and make sure you’ve locked down some hard deadlines when things need to be done, but by engaging an authorized rep sometimes it can help considerably with getting things filled quicker, just because they know the ins and outs.

Obviously when you do applications yourself sometimes you think you’ve done everything right, and when it comes to filling within the express entry pool, you could very well have completed what you needed to do, and got your profile accepted within the pool, but you may have missed out on some critical human capital or skill transferability points without even knowing it. And these points could have made the difference between being extended in ITA or languishing in the pool until it’s simply too late enough you have to return home.

So that’s my fifth tip and I think it’s probably as valuable as all the previous four, but ultimately the purpose of this blog, the blog that I wrote on the specific topic, and this podcast is to give you some resources that you can use to do it yourself. Ultimately my goal is to at the same time demonstrate to those who are interested in hiring an immigration representative that I know what I’m doing and that our firm does. So if you want to learn more about our services, what we offer, the various types of ways we can support you, go to our website at ht-llp.com, and send me a message.

Alternatively if you do just have a couple quick questions or questions that are of a general nature, then go to our ‘Ask a question’ portal, and you can type in your information there or you can click on the side bar and leave a voice message for me on the ask an immigration question tab. I will respond to these questions in my other podcast entitled Canadian Immigration Answers, and I will try to answer those frequently as I often find people ask similar questions.

So that’s another free resource that we are trying to give out to people that maybe can’t afford to hire a lawyer, and still need assistance and there a lot of you out there, I know there are. If you have specific questions or immigration problems that need immediate attention, then it’s probably best that you contact our office and book a consult and fork over the $100 for a 30 minute consult. Understand that long before that consult I will give you an intake form, you’ll complete it and send it to me, and I will review it before our meeting, so that 30 minutes is used to the absolute most efficient manner possible. And obviously stay tuned for our future blogs, and future podcasts on express entry and a wide variety of other Canadian immigration topics.

So this concludes this third episode of the Canadian Immigration podcast. Don’t forget to subscribe to it on iTunes and also to the Canadian Immigration Answers podcast. We’d also encourage you to like us on Facebook, and connect with me through LinkedIn and follow me on Twitter. This is Mark Holthe, a partner with Holthe Tilleman LLP, and I look forward to our next podcast.
[/spoiler]

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Question [Holthe Tilleman LLP website]:

I am a foreign worker in Canada since 2008 and am currently working in Canada on a low-skill / low wage work permit. Can I qualify for the new Express Entry program when it is released in January of 2015?

[Tweet “Can low-skill temporary foreign workers qualify for Express Entry?”]

Listen to Mark Holthe’s Answer

Read the Transcript

You can download a complete, word-for-word transcript of this episode, [spoiler]Welcome to Canadian Immigration Answers. My name is Mark Holthe, I’m an immigration lawyer with Holthe Tilleman in the beautiful province of Alberta Canada. Our first question today reads as follows, I’m a foreign worker in Canada since 2008, and I’m currently working in Canada on a low skill or low wage work permit. Can I qualify for the new express entry program when it is released in January of 2015? Well, the short answer is probably no. The express entry program has been reserved for foreign workers working in Canada on skilled work permits.

Now although the labor market impact assessment process now uses a high wage, low wage classification system for determining how work permits are going to be issued, when it comes to permanent residence, they still go by the old high skill low skill classification. So if your work permit is issued as say a food service supervisor, or some type of a supervisor within construction, or other industries, those occupations are still considered skilled. So in the case of this individual who has been in Canada since 2008, it is possible that maybe your employer might be able to promote you to a skilled position within the company.

And although your wage may still be classified as lower wage based on LMIA determination, you could still find yourself reaching the threshold to quality under express entry. Now what we know about express entry is that it’s going to follow a human capital model, in other words they will look at your education, your language ability, they will look at your work experience, and a number of other factors to give you a certain set of points. Now those who are on skilled labor market impact assessment work permits will be given a bunch of additional points to help you qualify.

In fact it’s our understanding that individuals on skilled work permits who have LMIAs will be given preference. And although it won’t be an automatic, for the most part those individuals would be able to benefit from fast processing of your permanent residence, and in fact even under six months. So the final answer unfortunately to this individual, if you are working in a low wage position, or a low skill position, you probably will not be able to successfully apply through the express entry program.
[/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