What this episode is about?

We all know that love knows no boundaries. However, in reality there are a lot of obstacles international couples may need to go around if they want to stay together and not being separated by the border.

In this episode I invite Alicia Backman-Beharry, an amazing Canadian Immigration Lawyer who joined Holthe Immigration Law in August of 2020, to discuss spousal sponsorship applications. We talk about the differences between Inside and Outside Canada Sponsorships, benefits and drawbacks of each type of the application, as well as reasons why your Spouse or Common-Law Partner Class or Family Class application can be refused.

COVID-19 and the travel restriction also had a significant impact on the processing of the Spousal Sponsorship applications. Alicia and I discussed how this global pandemic impacted applicants and how IRCC takes a ruthless approach of refusing applications for frivolous mistakes, in attempt to keep the processing time down.

I definitely recommend that you listen to this episode carefully, because even slightest mistake can crush your plans of sponsoring your loved ones. Also, take a note of tips we provide that can help you make sure your application is not refused:

1. Examine and follow your Documents Checklist with forensic level of details

2. Provide sufficient proof of genuineness of your relationships

3. Provide an explanation along with your application if any of the documents or questions do not apply to your situation.

4. Make sure you have added your signatures and validated your forms

5. Ensure your photos meet the requirements.

If you want to learn more about the difference between Spouse or Common-Law Partner Class and Family Class applications Alicia Backman-Beharry prepared a wonderful blogpost that covers everything you need to know about these two applications. Check the blog post here: https://www.holthelaw.com/spousal-sponsorship-canada/

About today’s guest of the Canadian Immigration Podcast

Alicia Backman-Beharry has practiced as an immigration lawyer for 17 years. She was called to the Alberta bar in 2003 and was an associate with a medium sized firm and a boutique immigration law firm. Alicia went out on her own as a sole practitioner 8 years ago. She works with corporations, individuals and other lawyers to solve difficult immigration legal issues. Prior to joining the Holthe Immigration Law team, she also contributed as a part-time program lawyer at a non-profit poverty law clinic.

She finds it rewarding to help individuals and companies through the complex world of Canadian Immigration law. Having taught courses on temporary and permanent residence, Alicia is able to see how various pieces of the immigration puzzle fit together, and can provide advice so that people understand which application to pursue and why.

During her career as Immigration Lawyer Alicia Backman-Beharry has assisted with a wide range of business immigration matters, including applications for Labour Market Impact Assessments, work permits, Intra-company transfers, and Employer Compliance Reviews. She also has extensive experience with Permanent Residence applications including Express Entry, Provincial Nominee Program, Humanitarian and Compassionate, and family class sponsorships. While working with the poverty law clinic, she routinely helped people with inadmissibility issues, refugee matters, restoration applications, and temporary residence permits. She has appeared before various Courts and Tribunals, including Federal Court, Provincial Court, the Court of Queen’s Bench, the Immigration and Refugee Board, the Immigration Division, and the Immigration Appeal Division.

Volunteering has always been a big part of how Alicia spends her time. She enjoyed 9 years on the Board of a large immigrant serving settlement organization, including serving as Secretary, Vice-Chair, Chair and Past-Chair of the Board and is a past Chair of the Immigration and Citizenship Law Alberta South Section of the Canadian Bar Association.

You can book a consultation with Alicia Backman-Beharry on our Holthe Immigration Law website: www.holthelaw.com/consultation

About the host of the Canadian Immigration Podcast

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

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

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

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

About the Sponsor of the Canadian Immigration Podcast

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

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

Listen to the Canadian Immigration Podcast on Spotify and iTunes

Canadian Immigration Podcast is being broadcasted on our iTunes and Spotify channels. If you have enjoyed this podcast and think someone else would, too, please subscribe and share this episode!

Subscribe to our various social media channels

If you want to connect with me or retain Holthe Immigration Law to assist you with immigration to Canada feel free to book a consultation on our official website: www.holthelaw.com

Additionally, consider subscribing to our social media channels to stay up to date with the news on Canadian Immigration:

Canadian Immigration Institute Youtube Channel: https://www.youtube.com/channel/UCgvm03Tm2e-ndNkWhiiQUlA

Canadian Immigration Institute Facebook page: https://www.facebook.com/CanadianImmigrationInstitute

Express Entry Law Private Facebook group: https://www.facebook.com/groups/CanadianImmigrationInstitute

Holthe Immigration Law LinkedIn page: https://www.linkedin.com/company/holthe-business-immigration-law

Holthe Immigration Law Instagram page: https://www.instagram.com/holthe.immigration.law/

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

However, what if you never intended to misrepresent your case or did not even know that you have misrepresented something? This is just one of the issues that I have discussed with Rekha McNutt in today’s episode of the Canadian Immigration Podcast where we touched on the various aspects of appealing the removal of PRs for misrepresentation.

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I had an awesome and engaging conversation about misrepresentation and the consequences of such wrongdoings. It is surprising that there are so many ways how almost anyone can become a victim of their own carelessness, lack of understanding of the immigration processes or even reports filed by their close circle of friends or relatives. Rekha gave a full explanation of what misrepresentation really is and how serious and challenging the consequences may get if IRCC believes there was a misrep. Additionally, in this episode we discussed the following:

• what is the misrepresentation;
• examples of Innocent Misrepresentation;
• misrepresentation on inadmissibility vs. misrepresentation on eligibility;
• different ways IRCC finds out about cases of misrep;
• fairness letter and Section 44 reports;
• the process of removal of permanent residents for misrepresentation;
• different ways to fight your case if Immigration Division issues a removal order.

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

• Additional Resources:

  • Rekha’s firm: http://www.caronpartners.com/
  • How to contact Rekha: RMcNutt@caronpartners.com 
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Topics for our Next Podcast

If you have a suggestion for topics we could cover in the Podcast, please drop me a line at mholthe@holthelaw.com. If you know of anyone that would be interested in coming on the Podcast as a guest, please send them my way. share on facebook, share on twitter, share on LinkedIn

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast on iTunes and Spotify

If you have enjoyed this podcast, please subscribe.

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

We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

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

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

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

• Additional Resources:

  • Rekha’s firm: http://www.caronpartners.com/
  • How to contact Rekha: RMcNutt@caronpartners.com 
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast on iTunes and Spotify

If you have enjoyed this podcast, please subscribe.

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

We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

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

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

Now what is a US company going to do?

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

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

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

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

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

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

Sponsor:

None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

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

• Additional Resources:

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

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast on iTunes and Spotify

If you have enjoyed this podcast, please subscribe.

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

We also encourage you to subscribe to our Canadian Immigration Podcast on Spotify.

Anyone dealing with a Canadian Border Services Officer understands right away that they carry considerable power and authority over who is granted entry to Canada and who is not. In this episode Canadian Immigration Lawyer, Arghavan Gerami joins me to discuss some challenges that currently exist within the Canada Border Services Agency and attempt to offer some solutions on how things can improve.

In this episode we will pull back the curtain on the inner workings of the CBSA. We discuss whether the approaches taken by the CBSA during COVID-19 are consistent with the principles of Open Government heralded by the Liberal government in their election platforms.  We also discussed the lack of transparency demonstrated bt the CBSA and whether the approach they take is consistent with the rule of law, a foundational pillar of our society.

There has been a significant lack of responsiveness by the CBSA to any attempts at dialogue in understanding the rationale for their decisions in turning people away at the border during COVID-19. Understanding the legal basis for these decisions formulates a critical component in the advice we provide to our clients as immigration lawyers. Lately, we have been left with far more questions than we have answers.

In a pandemic, people need even more transparency and clarity when it comes to the implementation of new policies and procedures. This lack of transparency can be seen most acutely in how the CBSA has been interpreting what is considered to be a “non-essential” purpose in the context of Canada’s travel restrictions. This episode was created in an attempt to encourage greater transparency with the CBSA. We hope you like it.

Arghavan Gerami Bio:

Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation (‘PC’), a full-service immigration law firm in Ottawa, Ontario.  She completed her Juris Doctor and Master of Laws at Osgoode Hall Law School, York University and was called to the Ontario Bar in 2007.

Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice before transitioning to private practice in 2011. She also had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal.

Since founding Gerami Law PC in 2011 Ms. Gerami has focused her practice on immigration and refugee litigation and represented numerous clients before the Federal and provincial Courts, as well as the various divisions of the Immigration and Refugee Board.

Ms. Gerami is an Executive Member on the Immigration Law Section of the Canadian Bar Association.  In 2017 and 2018 Ms. Gerami also served on the Organizing Committee of the annual CBA Immigration Law Conference.  She has been interviewed on national and local television and quoted in national and local newspapers such as The Globe and Mail, National Post and the Ottawa Citizen.  Ms. Gerami has also published numerous journal articles, presented at immigration and refugee law conferences and events across Canada, and provided guest lectures at the University of Ottawa.

As a Supervising Principal to articling students, Ms. Gerami enjoys facilitating the career development of law students and young lawyers. She also enjoys traveling as well as spending time with her two children, husband and Bambi (her dog).

Sponsor:

None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Is the CBSA above the Law?”]

• Additional Resources:

  • Arghavan’s law firm: https://www.geramilaw.com/
  • Arghavan’s contact info: https://www.geramilaw.com/contact.html

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

Have you ever wondered why the Canadian Immigration process can be so darn hard and unforgiving? In this episode I share a few of my own thoughts on Canadian Immigration from the many years I have spent working in the trenches.

This episode came about quite spontaneously. As I was walking through the Cottonwood trees in our community wilderness park along the banks of the Old Man River near Lethbridge, I started think about my immigration practice and how much it had changed since I first decided to focus exclusively on immigration law back in 2003.

To say that things have changed is an understatement. When I started practicing, I had just finished working on the border as an officer and completed a year of pro bono work with the hearings officers in Calgary, Alberta. I had tons of great relationships established within the various immigration departments and was well positioned to start my practice as an immigration lawyer.

However, over time the landscape shifted and with that so too went officer discretion. In this Episode, I shared some insight on why these changes have occurred and the impact it has had on my practice and how I serve my clients.

I also shared a little bit about my new law firm Holthe Immigration Law, why I created it and how it is the perfect solution for how I want to practice for the rest of my career. I’ve got big plans for my little law firm. If you or someone you know is looking for an opportunity to work with a great group of lawyers looking to change the world please don’t hesitate to reach out.

Sponsor:

None of this would be possible if it were not for my Canadian Immigration Institute. My DIY courses earn me sufficient revenue to continue pushing out great free content on Canadian Immigration.

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Windmill Microlending…an amazing company.”]

• Additional Resources:

  • Mark’s new firm: https://www.holthelaw.com
  • Click here to book a consult: https://www.holthelaw.com/consultation/
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast

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

Getting your immigration application refused sucks! Fortunately, you don’t simply have to accept the rejection and live with it. In this episode Rekha McNutt joins me in our first episode of our Special Series on Immigration Hearings and Appeals to pull back the curtain on Sponsorship Appeals at the Immigration Appeal Division.

Rekha practices primarily in immigration law.  She has extensive experience with temporary resident visas, express entry, federal skilled workers, Canadian experience class, Alberta Immigrant Nominee Program, family class sponsorships, refugee claims, pre-removal risk assessments, and in-Canada humanitarian and compassionate permanent residence applications.

Rekha has focused much of her practice on Federal Court Judicial Review applications of various types of negative immigration-related decisions.

Rekha had appeared before the Alberta Provincial Court and the Court of Queen’s Bench of Alberta.  She has also appeared extensively before the Federal Court of Canada and Immigration Tribunals such as the Immigration Division, Refugee Protection Division, and the Immigration Appeal Division.

Rekha is the past-Chair (2015-2016 & 2016-2017) of the Southern Alberta Branch of the Canadian Bar Association, Immigration Section.

In this episode Rekha and I covered the following areas:

• what to do first when the rejection letter comes;
• step by step process flow of a sponsorship appeal;
• practical examples of how spousal and parental sponsorships can go wrong;
• pros and cons of the ADR process;
• how to work with interpreters;
• choosing you witnesses;
• top tips and strategies for running a successful appeal; and
• a host of other amazing insight from a seasoned litigator.

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Windmill Microlending…an amazing company.”]

• Additional Resources:

  • Rekha’s firm: http://www.caronpartners.com/
  • How to contact Rekha: RMcNutt@caronpartners.com 
  • Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast

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

One of the saddest things to see is for skilled immigrants and refugees to sacrifice so much to come to Canada and then not have the ability to continue working in their chosen profession once they get here. One of the more common barriers is the cost of applying for certification.

Often newcomers are unable to afford the application fees upon arrival and end up working in lower paying positions which only leave them with enough income to survive…never being able to afford the application fees. So what’s the solution? …..Windmill Microlending. Listen in to my interview with Onai Abote who shares the remarkable Windmill story and how it has helped countless immigrants realize their dream of working in their chosen profession in Canada.

Onai Petra Abote, is the Community Relationship Specialist with Windmill Microlending (formerly Immigrant Access Fund) in Calgary. Onai joined Windmill Microlending from Postmedia, publishers of the Calgary Herald and Calgary Sun where she was part of the advertising management team working as Media Coordinator and also featured as a columnist for both brands. Her achievements include developing clear internal communications for her department, successfully organizing high profile events, ensuring deadlines were met and maintaining relationships with various stakeholders. She also served as a committee member on the Calgary Herald Christmas Fund Committee – a fund that awards grants to some of the cities agencies working with vulnerable groups.

Onai is a qualified journalist with over 10 years’ experience working as a journalist in Zimbabwe – where she was born and raised. She worked as a freelance television producer for Reuters, and then later as Project Coordinator (and journalist) for The Source – Zimbabwe’s first business and financial news agency launched and supported by Thomson Reuters Foundation and European Journalism Centre.

As the Windmill Microlending Community Relationship Specialist in the Calgary office, Onai’s focus includes executing Windmill Microlending ongoing strategic outreach plan – deepening the organization’s extensive referral network of immigrant-serving organizations, learning institutions, regulatory bodies, professional associations and ethno- and occupation-specific groups. While the primary geographic focus is Calgary and Edmonton, she has also represented Windmill Microlending across British Columbia, and built referral networks across Canada in collaboration with counterparts in other provinces.

In this episode Onai and I covered the following areas:

• who is Windmill Microlending;
• what they do;
• why they do it; and
• how they do it.

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

[Tweet “Windmill Microlending…an amazing company.”]

• Additional Resources:

  • Windmill Microlending: https://windmillmicrolending.org/
  • How to apply: https://windmillmicrolending.org/applicants/eligibility/
  • Canadian Immigration Institute: https://canadianimmigrationinstitute.com/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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

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

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

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

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

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

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

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases via your affiliate link

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

Additional Resources:

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

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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

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

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

Here is what we covered:

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

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

• Click on this link to become an affiliate of the Canadian Immigration Institute: https://www.canadianimmigrationinstitute.com/become-an-affiliate
  • OR,  go to the Canadian Immigration Institute main page and scroll down to the very bottom and click on “Affiliate”.
  • Earn 30% when someone purchases your affiliate link

[Tweet “Canadian Immigration – Post Election 2019“]

Additional Resources:

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

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional Resources:

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

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Binge on all of our Canadian Immigration Podcast Episodes!

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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

There is often a love hate relationship that exists with the various Provincial Nominee Programs across the country. The Ontario Immigrant Nominee Program is no different. With limited quotas each year and significant processing delays, it makes it very difficult for immigration counsel to recommend the program for anyone that is under time constraints or other time sensitive limitations where certainty in processing is critical. In this episode, immigration lawyer Sarah Fagan shares some insight on what is going on within the OINP today and what we might be able to expect in the near future as it struggles to reinvent itself as a more attractive option for foreign nationals seeking to become permanent residents of Canada.

In this episode, I had a chance to talk to Sarah about her experience immigrating to Canada as a skilled worker. Although she is now a permanent resident of Canada practicing immigration law with the law firm of Rekai LLP in Toronto, she had quite humble beginning as she carved out her own path to practicing law in Canada. Her story is fascinating and inspiring for anyone who is wondering if they have what it takes to make it as a professional in Canada.

Sarah was admitted to the Roll of Solicitors in the Republic of Ireland in 2009, and to the Roll of Solicitors in England and Wales in 2010. She holds a Bachelor of Civil Law (Honours) Degree from University College Dublin. Sarah was called to the Bar of Ontario in 2014.

Sarah joined Rekai LLP in March 2014, having gained several years of corporate immigration law experience with the Toronto office of a prominent international law firm. She has experience assisting clients with a variety of immigration matters, including: labour market impact assessments, employer compliance reviews, work permits, study permits, visitor records, temporary resident visas, temporary resident permits, criminal rehabilitation, permanent residence and citizenship.

In this episode Sarah and I discussed the following topics:

• what the Ontario Immigrant Nominee Program is all about;
• the types of programs that are available;
• processing times and other challenges;
• how the new online system works and the OINPs transition to online filing;
• tips and strategies for avoiding the most common pitfalls;
• what the future holds for the OINP.

Sarah also shared the following information with me after the recording of this episode that she thought everyone might find helpful:

“Key points that I should have covered re Notifications of Interest – NOIs – is that individuals who are in the pool with 400 points upwards who qualify for Ontario Human Capital Priorities Stream (OHCPS) who have not received an NOI since the program re-opened on Feb 21, 2017 and want to avail of the OHCPS, should create and submit a new profile to better their chances of receiving an NOI – apparently this is due to some glitch between IRCC and the OINPs systems. It is something that they have posted a notice about in the past during the infancy stages of OHCPS on their website, but there is no notice about it at present.  Also, there is no automatic notification of an NOI via email. You must check your IRCC online account regularly for same.

I also should have mentioned reconsiderations [of refused applications] during our chat, which have recently moved from a paper process to an online process – unfortunately our experience with those has not been positive and once again, they are extremely slow.“

[Tweet “What does the future hold for the Ontario Immigrant Nominee Program.“]

Additional Resources:

• The best way to reach Sarah Fagan: sfagan@mobilitylaw.com
• Sarah’s law firm Rekai LLP: http://www.mobilitylaw.com/
• OINP Tip Sheet for Online Filing: oi_en_efiling
• E-mail address for technical issues with an online OINP application or the OINP e-filing portal: OINP.technical-POCI.technique@ontario.ca
• One-key login: https://www.one-key.gov.on.ca/iaalogin/IAALogin.jsp
• One-key registration: https://www.appenrol.one-key.gov.on.ca/UserMgmtWebApp/registration.iaa
• OINP Program Updates page: http://www.ontarioimmigration.ca/en/pnp/OI_PNPNEW.html

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

Ask Mark an Immigration Question

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

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

What do I do when my Canadian immigration application has been refused? This is the question I get more than any other as an immigration lawyer. Well, after much contemplation, I decided I would answer this question once and for all by inviting one of the most well respected immigration lawyers in Canada, Richard Kurland, to join me on this Episode.

Whether you are a Canadian immigration lawyer, consultant or foreign national, this episode will reveal to you some of the best options available for challenging an immigration refusal….and a few unique suggestions offered by Richard Kurland that you likely never even considered.

As a kick off to Season 2 of the Canadian Immigration Podcast I pulled out all the stops to get one of the most well respected and skilled immigration lawyers in Canada to join me as we tackle the painful issue of how best to deal with the refusal of a Canadian immigration application.
Richard is one of the foremost immigration policy analysts, lawyers and a go to resource for media, government, and pretty much all of us when it comes to Canadian immigration law.

As one of the highest ranking Access to Information and Privacy (ATIP) requesters, he is most often recognized for his efforts in “keeping Ottawa honest.” As the Editor-in-Chief of Lexbase, a monthly publication providing current immigration policy and practice information, he has made a business out of ensuring transparency within the immigration department. If you have not yet subscribed to his monthly Lexbase publications, you should not be practicing immigration law!

In this Episode, rather than focusing on immigration at a 10,000 foot level, Richard flipped the focus upside down and took the time to share some unbelievably valuable insight on how to deal with the sometimes devastating effects of a visa refusal.

In our interview, Richard covered the following strategies:

1. Start with a consultation with an immigration lawyer to discuss what may have been missing from the original application.
2. Consider refiling or requesting reconsideration of the original application.
3. Seek help from the local Member of Parliament of Senator.
4. Don’t overlook the importance of a Judicial Review in Federal Court.
5. If in Canada, can you restore status?
6. Go to the media!

[Tweet “What to do when your Canadian visa application is rejected“]

Additional Resources:

• The best way to reach Richard Kurland: lexbase@canimmigrate.com
• Richard’s firm Kurland Tobe: http://www.canimmigrate.com/
• How to subscribe to Lexbase: http://www.canimmigrate.com/index.php?p=1_8_Lexbase
• My most popular blog post: “What to do when your Canadian Visa Application is Rejected“
• Excerpt from Richard’s appearance before the House Standing Committee on Immigration December 13, 2016

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

CIP Show Notes: Season 2 – Episode 1

Richard Kurland – Policy Analyst and Lawyer

Today I am here with Canadian immigration lawyer Richard Kurland who will be addressing one of the most common enquiries I get on a daily basis, and likely many other immigration lawyers as well

“What to do when you Canadian Immigration Application is refused.”

Welcome to the Podcast Richard.

Introduction of Richard.

Question: How did you get into Immigration?

Today we are going to discuss the options that are available to someone who has had their Canadian immigration application refused.

Question: you have a client who comes into your office and tells you that their immigration application has been refused? Can you share with us the steps you follow to find a solution for these individuals.

1. Consult

2. Reconsideration

3. Re-apply

4. Federal Court… worth it or not?

5. MP

6. Media

How Can you be reached if people who would like to retain you to help them with any immigration matter?

Richard’s contact: lexbase@canimmigrate.com 

Thank you so much for joining us.

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

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

If you are getting ready to file a Humanitarian and Compassionate application STOP! ……..DO NOT SUBMIT THE APPLICATION! Before you do … listen to what Immigration Lawyer Jean Munn shared with me in this fantastic episode of the Canadian Immigration Podcast. I had a ton of respect for Jean before our interview; however, after listening to the amazing insight and strategies Jean so openly shared with me, that respect has skyrocketed into the stratosphere.

If there is one episode you absolutely can not afford to miss, it is this one. Every lawyer, consultant, or foreign national will increase their chance of getting an H&C approved by listening and applying what Jean shared with me in this episode.

This was one of the most enjoyable experiences I have ever had interviewing a guest for the podcast. It just blows me away how much helpful information and useful content Jean provided. The information she shared would be easily classified as “trade secret” insights that lawyers just don’t share….yet she did….and so freely and openly. It is easy to see why Jean has been recognized in Alberta for her outstanding service to the profession and her community with the designation of Queen’s Counsel.

Jean Munn practices immigration law with the law firm of Caron and Partners in Calgary, Alberta. She is fluent in Spanish. In fact, 50% of her case load comes from working with Spanish speaking clients. She is truly one of the leaders in our field and a wonderful advocate for disenfranchised foreign nationals who are on the verge of giving up hope that they will ever be able to realize their dream of remaining in Canada permanently.

Jean represents not only individuals, but a number of municipalities, corporations, non-profit agencies, boards, and community organizations. Jean has appeared before all levels of Court in Alberta and before the Federal Court of Canada, Federal court of Appeal, and the Immigration and Refugee Board. She is presently serving as a Member of the Alberta Human Rights Commission.

In this episode, Jean and I covered the following topics related to humanitarian and compassionate applications.

1. Background information on H&C applications.
2. Who is eligible and who is not eligible to apply – the typical scenario.
3. What factors are taken into consideration and what factors cannot be considered.
4. How to apply – including best practices.
5. How to make the strongest application possible.
6. Processing procedure.
7. A ton of other tips and strategies essential for getting an H&C approved.

[Tweet “Humanitarian and Compassionate applications – when all else fails!“]

Additional Resources:

• Jean Munn’s Contact Information: http://www.caronpartners.com/d-jean-munn/
  • e-mail: jmunn@caronpartners.com
• Jean’s List of Highly Recommended Psychologists in Calgary:
  • Dr. Beverley Frizzell: bev.f@telus.net
  • Dr. Hap Davis: hapdavis@gmail.com
  • Gabriela Valenzuela (for Best Interest of the Child): impactps@shaw.ca

Listen to Mark Holthe’s Canadian Immigration Podcast

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Binge on all of our Canadian Immigration Podcast Episodes!

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

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

After viewing the shocking photos of the little Syrian boy washed up on a Turkish beach in the fall of 2015, the global plight of refugees was brought to the forefront of public consciousness.  Since that time, many people have expressed a sincere interest in knowing exactly how to Privately Sponsor a Refugee to come to Canada. In this episode, I had the opportunity to catch up with Ronalee Carey, an Immigration Lawyer practicing in Ottawa, who was able to share some unique insight into this process. She definitely inspired me to become more involved.

Ronalee’s practice focuses on finding immigration solutions for individuals and families through family sponsorships,  the Express Entry program and provincial nomination programs.  She assists with visa applications to visit, study or work in Canada, and helps those with criminal inadmissibility issues.

In addition to her private practice, Ronalee is also a Refugee lawyer. She is part of a group in Ottawa that provides pro bono services regarding the Private Sponsorship  of Refugees. When I learned of her involvement with Refugee work, I thought it would be a great topic for our Canadian Immigration Podcast.

If you are someone who is interested in knowing how the process works, this episode will point you in the right direction.

After listening to Ronalee explain the refugee sponsorship process in great detail, I came to the realization that this is something that any of us could consider doing in our own communities. Her passion for this area and sincere desire to help those less fortunate than us in Canada, really struck a cord with me. It was an absolute pleasure having her on the Podcast.

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

• How Ronalee got into the immigration field.
• Her involvement in Private Refugee Sponsorship Work.
• What is the University of Ottawa’s Refugee Sponsorship Support Program?
• How did she get matched to the G30+ Ottawa constituent group?
• How does the group go about finding refugees to sponsor and their experiences in settling the refugees who have arrived in Canada.
• Discussion on the Government of Canada partnering with Canadians to jointly assist refugees through the Blended Visa-Office Referred (BVOR) program.
• How has the government has handled the sponsorship of refugees so far and what the future holds for the private sponsorship of refugees in Canada.
• How to go about sponsoring a refugee from Syria or elsewhere.

[Tweet “Private Sponsorship of Refugees – How the process works“]

Time Stamped Quick Reference Guide

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

02:15 – Who is Ronalee Carey?

04:00 – How she got into the immigration field?

06:55 – How did she get involved in private refugee sponsorship work?

07:34 – How the process works when Privately Sponsoring Refugees to Canada.

08:03 – Who screens the Refugee before they come to Canada?

09:25 – What is the uOttawa Refugee Sponsorship Support Program (RSSP)?

18:29 – How did Ronalee get matched to the G30+ Ottawa constituent group?

18:59 – How did the group link up with the Anglican Diocese?

21:45 – How did the group go about finding refugees to sponsor?

23:40 – Who has the group sponsored so far?

28:45 – What are the qualifications to become a Sponsor and the obligations towards the Blended Visa-Office Referred (BVOR) candidates that are selected?

32:00 – How has the private sponsorship process worked out for her group?

34:00 – How is the government handling the sponsorship of refugees, now that the initial election promise to bring in 25,000 Syrian refugees has been fulfilled?

35:48 – Is there still a strong interest from the Canadian public to sponsor refugees? How has the government responded to the significant interest generated in the private refugee sponsorship programs?

41:07 – If someone was interested in sponsoring a refugee, from Syria or elsewhere, how would they go about it?

45:38 – How to contact Ronalee Carey.

Additional Resources:

• Ronalee Carey Law: http://www.ronaleecareylaw.ca/
• Ronalee’s e-mail: rcarey@ronaleecareylaw.ca
• Ronalee’s Linkedin page: https://ph.linkedin.com/in/ronalee-carey-0119593a
• uOttawa Refugee Sponsorship Support Program (RSSP): http://refugeessp.ca/home/
• Ottawa 613: http://www.refugee613.ca/
• Government of Canada website – how to sponsor a refugee: http://www.cic.gc.ca/english/refugees/sponsor/index.asp

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

S1 E29 – Ronalee Carey – Private Sponsorship of Refugees | Show Notes

Bio – Ronalee Carey is an immigration and refugee lawyer who practices in the beautiful capital of Canada – Ottawa, Ontario. Her practice focuses on finding immigration solutions for individuals and families through family sponsorships, the Express Entry program and provincial nomination programs. She assists with visa applications to visit, study or work in Canada, and helps those with criminal inadmissibility issues.

Part of Ronalee’s practice includes refugee work. She assists individuals who have arrived in Canada who wish to claim refugee status. She also provides pro bono assistance to a group in Ottawa who are privately sponsoring refugees from abroad.

Question: How did you find yourself in the immigration field? Since I was a young child, I knew I wanted to be a lawyer, but immigration law was never something I’d thought about. I grew up in a small town in northern Ontario were we had a total of 7 racialized individuals in the entire town, one of whom was my fifth grade teacher. When I went to law school, I focused on criminal and family law. I articled at a general practice firm, and after my call to the bar, practiced mostly family law.

My life then took a huge turn. My husband and I had been foster parents for the Ottawa Children’s Aid Society for several years, and we had the opportunity to adopt a beautiful baby girl through the society. She was mixed race, with an East Indian birth mother and a birth father of African descent. We later adopted two additional children, both of Haitian descent. I took an extended leave from my career during this time.

When I was ready to return to the practice of law, I wanted to start back part-time. I ran into a former classmate at a Law Society event, who had an opening for a legal researcher/law clerk with part-time hours. Her field happened to be immigration law. When I started working in immigration law, I was immediately hooked. I was able to meet people from all over the world, and every matter provided a new and interesting challenge to solve. I loved how political immigration law was; I could read an article in my morning newspaper that would affect how I would handle a client file that day.

In 2012 the lawyer I had been working for moved from Ottawa in order to be closer to her aging parents. She left me a few files, and I ‘hung up a shingle’. Recently, I had to hire a junior lawyer to assist me with files.

Question: How did you get involved in private refugee sponsorship work? Like many people in Canada, I was devastated at seeing the photo of Alan Kurdi’s body washed up on the shores of a beach in Turkey. In September, 2015, I received an email from the University of Ottawa’s Refugee Hub, which called for lawyers willing to volunteer with a new initiative designed to assist individuals and groups who wanted to sponsor Syrian refugees to come to Canada. I immediately signed on.

Question: What is the uOttawa Refugee Sponsorship Support Program (RSSP)? http://refugeessp.ca/home/

From that initial email, grass roots organization continued, and volunteers in Ottawa put together the Refugee Sponsorship Support Program. The goal was to match volunteer lawyers with groups and individuals who wanted to sponsor Syrian refugees. Not all the lawyers were immigration and refugee lawyers – in fact the majority were not. As such, training had to be provided. Even for me, the procedures were new – though I’d assisted with inland claims for refugee protection, the overseas process was new to me as it was to many private immigration lawyers.

We met in a room at City Hall for the training. A generous lawyer from our local bar bought pizza for the hundred or so attendees.

Our next step was to reach out to the community, to let them know our services were available. The City of Ottawa was planning a community information night, to let interested sponsors know about the process and to allow local immigrant service agencies provide information on their services. Another grassroots organization called Refugee 613 had emerged, to connect people in Ottawa who wanted to donate money, volunteer or sponsors refugees with others. Refugee 613 was a big presence at the event.

The event was overwhelmingly successful. Hundreds and hundreds of people from Ottawa showed up to the event. The information session itself was supposed to be held in the municipal council chambers, but it filled to overcapacity and the speakers had to be broadcast into the atrium for those who couldn’t get into the room. Even the atrium was overflowing.

The uOttawa RRSP had set up a free legal clinic, so that potential sponsors who speak to a lawyer at the event about the procedures for sponsoring. We gave legal advice to over 400 people that night.

Question: How did you get matched to the G30+ Ottawa constituent group?

The goal of that first evening, at Ottawa City Hall, was to provide initial legal advice to as many people as possible who wanted to sponsor Syrian refugees. Later, the goal was to match those individuals or groups who wanted to proceed with a lawyer willing to help them through the process.

At the legal clinic, the first group of people I gave advice to was another lawyer who worked for the Federal government. She and two friends had both committed to finding 10 people each, all willing to donate $1,000. The money raised by these 30 people would allow them to sponsor a family from Syria.

I requested to be ‘matched’ to this group, so that I could be the pro bono lawyer for the group and help them with the sponsorship process. In addition, my husband and I requested to become members of the group of 30, and made a personal financial contribution. As such, I am not only the pro bono lawyer for the group, but also a group member.

Question: How did this group of 3 turn into the G30+ constituent group?

The three initial group members intended to do a Group of 5 (G5) sponsorship. This is a special program where 5 individuals agree to provide financial and settlement support to an individual or family. The plan was to find two other people who could join them in the Group of 5, as official sponsors, and the other individuals would provide a supporting role and assist in the financial aspect.

The core three members were overwhelmingly successful in their efforts to find others willing to join them in sponsoring a Syrian family. They quickly found more than 30 people willing to help, which is why the name had to become the G30+. Their fundraising efforts were also much more successful than they’d originally hoped for. Our initial meeting of the group saw funds pledged in excess of $70,000. This meant the group could sponsor more than one family.

Question: How did the group link up with the Anglican Diocese?

Because the group had become so large, and had raised so much money, a Group of 5 sponsorship wasn’t really appropriate anymore. We needed a larger focus. In Canada, the government has partnered with groups called Sponsorship Agreement Holders (SAH), who are pre-approved to sponsor refugees. Many of these SAHs are religious groups. In Ottawa, the Anglican Diocese has a great deal of experience with refugee sponsorships. They agreed to take on the G30+ Ottawa group as a constituent group under their organization. This meant that funds raised could be channelled through the Diocese’s charitable structure, which allowed members to receive tax receipts for their contributions. We also were able to tap into the Diocese’s wealth of experience in making applications to sponsor refugees.

Question: How did the group go about finding refugees to sponsor?

The group had a very unusual problem. We had lots of money, lots of volunteers including Arabic speakers, and no one to sponsor. No one from our group was Syrian, so there were no family members we could help. At the time, neither the Canadian government, Refugee 613, nor the uOttawa RSSP was able to match potential sponsors with either family members in Canada or directly with refugees overseas.

So, we had to look abroad ourselves. One of our group members had connections to a group of women who were Nobel laureates. This group directed her to a journalist working in a Syrian refugee camp in the Zaatari, Jordan. She further spoke to a translator she worked with, to ask him if he could identify anyone who the group could sponsor to come to Canada. The translators’ brother was interested. Prior to the war he’d studied business in university, and he was desperate to get to Canada. He would act as an ‘anchor relative’, to later assist his parents, and his siblings and their families to come to Canada. The translator also identified a family who needed our help. Both parents had worked in leadership roles in the camp, the father as a team leader and the mother as part of a health committee. They had six children ranging in age from six months to 17. We agreed to take on both the single individual and this family of 8.

Working through the translator, we have completed the sponsorship applications for these 9 individuals. We have provided the applications to the Anglican Diocese, who is preparing them to submit to the government. However, they have to wait until the government opens up spaces in the queue.

Question: Who has the group sponsored so far?

While efforts were underway to sponsor these 9 individuals, another opportunity presented itself.

The government of Canada, in addition to directly sponsoring individuals through the Government Assisted Refugee (GAR) program, partners with Canadians to jointly assist refugees through the Blended Visa-Office Referred (BVOR). In this program, refugees who have been identified by the UNHCR are referred by Canadian visa offices oversees. The government puts these individuals and families onto a list, and SAHs are able to offer to sponsor the individuals. The government provides for 50% of the financial cost of the sponsorship, and the SAH (or their constituent group) provides the remainder of the funds. From a pro bono lawyer’s perspective, this type of sponsorship is great because the refugees have already been pre-approved – there is no need for us to complete the forms needed for the refugees, and we do not have to have any of their documents translated. All we do is submit an undertaking to provide for the family and a settlement plan stating how we will provide for the family’s needs when they arrive in Canada.

For sponsorship groups, getting a BVOR family is like winning the lottery. The list of eligible families is sent out by the government. Only a bit of information is provided – names, ages, occupations, where they’d like to live in Canada. Sponsors have only a few minutes to choose a family and respond – there is so much interest that any hesitation means all the refugees will be claimed by sponsoring groups.

The G30+ Ottawa group was fortunate to be matched with a family of 4 from Syria, parents and two young children. This family arrived in Canada this past February.

In addition, we were contacted by the Anglican Diocese to sponsor a woman whose son was already in Ottawa as a refugee. Though the woman is Iranian, not Syrian, the group agreed to sponsor her. We are hoping she will arrive shortly.

Question: What have their experiences been to date, in settling the individuals who have arrived in Canada?

We are blessed with many capable volunteers. An affordable apartment was found for them; it was furnished mostly by donations. After they arrived, they were set up in school and language classes, and things like health cards were applied for. For the summer, day camps were found for the children. We’ve had a potluck dinner to welcome them. It has been a wind whirl of activity.

Because the family did not speak English when they arrived, a lot of the work fell onto the Arabic speaking members.

Question: How is the government handling the sponsorship of refugees, now that the initial election promise to bring in 25,000 Syrian refugees has been fulfilled?

The government reached its target of 25,000 Syrian refugees in February, 2016. This 25,000 was made up of both government and privately sponsored refugees, including our family of 4. However, they also promised to bring in a total 25,000 government assisted refugees by the end of 2016. They appear on track to fulfil this commitment.

You may remember at our national immigration law conference in April, our immigration minister appeared for a luncheon address. He said that he was probably the only immigration minister in the world being criticized for his failure not to provide enough refugees for those interested in sponsoring. However, he stated that the government’s target of a maximum 300,000 immigrants for 2016 was firm, and that he would not be increasing that number in order to accommodate more refugees.

Question: Is there still a strong interest from the Canadian public to sponsor refugees? How is the government responded to the interest in the private refugee sponsorship program?

I spoke to Don Smith, from the Archdiocese of Ottawa about the problem of there being more interest from the Canadian public to sponsor than our government is willing to provide capacity for. He told me he was torn over the issue. He said on the one hand, we don’t want to allow our government to back away from the UNHRC and the international community by failing to take in its share of refugees. On the other hand, there are so many people who have family they want to sponsor, and other individuals who want to help settle refugees in Canada, that restructuring the way refugees spaces are allocated might be the only short-term solution. That means less government assisted refugees, and more BVOR spaces along with priority processing to G5 and other privately sponsored refugee programs.

And the evidence seems to be mounting that privately sponsored refugees do better than government assisted refugees. Our own refugee family is a case in point. They arrived in Canada to a 30+ new friends, willing and able to help them with anything they could possibly need. Shortly after our family arrived, the parents of the father of our family (the children’s grandparents) arrived as government sponsored refugees. Though our group has provided some settlement assistance to them as well, they don’t understand why they don’t have their own group to help them.

Question: If someone was interested in sponsoring a refugee, from Syria or elsewhere, how would they go about it?

A minimum group of 5 individuals is necessary in order to be able to sponsor. Partnering with a SAH is not necessary, but provides numerous benefits. There are also community sponsorship programs, and a program for people willing to sponsor refugees with high needs, such as those with medical conditions or who have experienced severe trauma.

But individuals and groups need to temper their expectations. I attended a session where Louisa Taylor of Refugee 613 spoke. She made the very poignant comment that ‘refugees are not pets’. These are individuals with their own personalities and temperaments, who may or may not want to accept the friendship and help you are offering when they arrive in Canada. We think that when refugees arrive in Canada, they will jump at every opportunity to learn English, find a job, and integrate into the community. But what if they are so exhausted by their ordeal they have been through that they only want to watch Arabic television? And what if the group wants to sponsor, has the funds, but there are no spaces left in the government programs? Some people will need to find another way to channel their goodwill.

[/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

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Have you ever had a problem with a Canadian immigration application and needed to speak with an officer to try to resolve the issue? I’ll bet you spent hours trying to get through to a live call centre agent…only to be told there was no way to speak with the officer actually processing your file. If you are like me, one of the most frustrating aspects of practicing immigration law is trying to have any meaningful communication with Canadian immigration authorities. The government has put up every possible roadblock they can think of to keep people from contacting them regarding their immigration applications.

In this Episode of the Canadian Immigration Podcast, I had the pleasure of interviewing Liz Wozniak who practices immigration out of her firm, North Star Immigration Law, located in Halifax, Nova Scotia. Liz and the other lawyers in her firm handle all kinds of complex immigration issues for their clients. However, after my interview with Liz, the one thing that stood out most to me was the fact they cared enough about the practice of immigration law to offer Pro Bono assistance to people in a Province where no legal aide exists for immigration related matters.

Now don’t get me wrong, Liz and her colleagues do charge for the legal services they provide; however, they recognize the importance of helping those most vulnerable by paying forward the gift they have received in practicing Canadian immigration law.

In this spirit of giving, Liz took some time to visit with me about some of the best strategies she has developed over the years to communicate with the various Canadian immigration departments.

In most cases, immigration lawyers tend to hold these strategies pretty close to the vest…..however, Liz was generous enough to pull back the curtain a little bit so  as to help you and I understand what works and what doesn’t in this crazy world of communicating with Canadian Immigration authorities.

In my interview with Liz, we cover some great strategies in communicating with the government in the following circumstances:

• inland applications (IRCC);
• visa office’s abroad (IRCC);
• reporting abuse (ESDC/IRCC);
• labour market impact assessment applications (ESDC/Service Canada); and
• Canadian ports of entry (CBSA).

[Tweet “Trouble contacting #cdnimm- we’ll show you how!“]

Additional Resources:

• The best way to reach Elizabeth Wozniak : http://nsimmigration.ca/
• Liz’s Blog – http://nsimmigration.ca/lizs-blog/ 
• Case Specific Enquiry E-mail: http://www.cic.gc.ca/english/contacts/web-form.asp
• Government Departments Discussed in the Podcast:
  • Immigration, Refugees and Citizenship Canada: http://www.cic.gc.ca/english/index.asp
  • Temporary Foreign Worker Program (Service Canada/ ESDC): http://www.esdc.gc.ca/en/foreign_workers/index.page
  • Canada Border Services Agency: http://www.cbsa-asfc.gc.ca/menu-eng.html

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 Show Notes – Elizabeth Wozniak, Immigration Lawyer

Liz Wozniak is the owner of North Star Immigration Law Inc., the largest Canadian immigration law firm in the Maritimes. Liz leads a team of four lawyers and one articled clerk in providing legal services and creative solutions in all aspects of Canadian immigration law.

Liz and her team work in a collaborative environment where only lawyers work on client files and they only charge flat rates.

Liz is originally from Edmonton, Alberta and lived overseas for 5 years (in China and Korea), where she taught English after getting a degree in education from the University of Alberta. She graduated from law school in Halifax, Nova Scotia in 2001 where she remains as a lawyer and lives with her spouse and two children.

Liz is frequently consulted by journalists, government and non-governmental organizations on matters pertaining to immigration law and policy. She regularly presents at conferences, workshops and panel discussions on immigration, legal ethics and legal innovation.

Question Intro: Tell me a little more about your experience teaching English in China and Korea.  I don’t suppose that had anything to do with you getting into immigration period?

Well… over the past few years it has become increasingly difficult for us as immigration lawyers to be able to speak with anyone within Immigration Refugees and Citizenship Canada (IRCC) – or other immigration related government departments when we have run into processing delays or other issues with the files we have submitted.

Contacting the government to inquire on an immigration matter has become a real issue.

I’ve brought Liz on to share some insight on this process including some potential tips and strategies in attempting to navigate the painful experience of trying to communicate with all of these lovely government departments.

Question #1:  so if we are an individual who has submitted an application to IRCC and wants to obtain an update on the status of that application, how does one go about doing this? And is there a difference between inquiring on a permanent resident application, versus a temporary resident application? Inside versus Outside Canada?

Question #2: So let’s say that we have an urgent issue that requires us to reach out to an immigration officer on a file that is in process.  Are there other options available to try to deal with the issue as quickly as possible?

Question #3: Bogus IRCC mechanisms for reporting abuse and conditional PR violations.

Question #4:  let’s talk about the CBSA.  Sometimes we have clients that are adjudicating their applications directly at a port of entry.  Is there any way to reach out to these officers at the POEs in advance of someone’s arrival to discuss issues related to an application? Or to speak with an officer who has recently been refused admission to a client?

Question #5:  Okay, let’s now talk about the wonderful world of the Temporary Foreign Worker Program and communicating with Service Canada when filing LMIA applications. Do you have any suggestions for navigating this ruthless world?  Are there pitfalls people must be aware of when filing applications?

Question #6:  let’s say you run into issues when the application is being processed.  Is there a way to speak to an officer prior to a refusal?  What options are available to speak with an officer after a refusal has been rendered?

[/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

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

Topics for our Next Podcast

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