What this episode is about?

Nobody comes to Canada with expectation of not being successful. Immigration to a new country, however, often puts newcomers into unfortunate circumstances. Too many immigrants are unable to fulfill their potential because their professional certification is not valid in Canada. Getting certified in Canada is challenging to the absolute majority of newcomers, as it requires significant financial resources. Financial challenges are aggravated by the fact that newcomers often have low credit scores in Canada and thus are subject to terrible interest rates for their loans.

Well, there is a solution to this “no money – no certification, no certification – no money” loop!

Windmill provides microloans of up to $15,000 to skilled immigrants and refugees so they can succeed in their careers. They support clients to obtain the Canadian licensing or training required to work in their field, or to secure a position which matches their level of education, skills, and experience. Their loans can pay for exams, training, assessments, books and materials, living allowance, relocation costs, professional association fees, and other expenses related to advancing their career.

Thanks to these loans newcomers are included in the labor market in Canada and can compete for high wage jobs fully applying their foreign experience and knowledge. Higher wages mean higher taxes. As a result newcomers pay higher taxes and spend their hard-earned money in Canada thus stimulating economy.

About today’s guest of the Canadian Immigration Podcast

Paula Calderon

National Director, Client Success

Originally from Colombia, Paula has spent her career leading workforce development projects that support the economic integration of newcomers to Canada. In the past, she pioneered ESL programs, worked on paid internship programs and oversaw various employment services and bridging programs supporting internationally trained professionals. She has also worked as a professor in the Career Development Practitioner program at George Brown College, has served as a mentor to newcomers and is the former President of the Board of Directors for the Canadian Colombian Professional Association. In 2018, Paula completed the Aspen Institute Economic Opportunity program and became an Aspen Institute Economic Opportunity Fellow.

You can reach out to Paula via:

• LinkedIn: Windmill Microlending
• Twitter: @windmillcanada
• Facebook: Windmill Microlending

Contact Windmill Microlending: 1-855-423-2262, windmillmicrolending.org

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

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

Episode 084 of the Canadian Immigration Podcast

What this episode is about?

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

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

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

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

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

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

About today’s guest of the Canadian Immigration Podcast

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

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

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

About the host of the Canadian Immigration Podcast

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

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

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

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

About the Sponsor of the Canadian Immigration Podcast

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

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

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.

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 engaging discussion of all sorts of issues related to challenging Removal Orders and answered some of the most common questions about residency requirement for Canadian Permanent Residents:

• How can you lose your PR status in Canada?
• How much time do you have to stay in Canada to maintain your PR Status?
• Can a Canadian PR be turned away at the border for not meeting the residency requirement?
• How much time you have for appealing your Removal Order?
• Does the process of filing an appeal to IAD differ for in-Canada and outside of Canada appellants?
• Are there any exceptions to the residency requirement?
• What does a hearing at Immigration Appeals Division look like?
• How can you justify your absence in Canada?

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.

Are you frustrated with your language scores? Have you considered writing both language tests? If you want to improve your scores, you have to listen to this episode with professional language instructor Garret Lim. He shares the real goods on what makes the IELTS different than the CELPIP. You can decide which one is better.

In this episode, Garret Lim shared some great insight into exactly what the CELPIP and IELTS tests cover. By knowing the differences between the two tests, you can make the right choice as to which is going to allow you to score the highest. After all, your entire future in Canada depends upon it.

Garret Lim is a career ESL teacher that has spent over 13 years teaching English as a second language. He has taught in 3 countries and has had students from over 30 different countries. Recently, he’s narrowed his focus a bit and is now specializing in test preparation for people wanting to immigrate to Canada who need to reach a certain proficiency band on one of the tests.

1. Why English is so important with respect to your Express Entry
2. What the CLB is and what it represents
3. How the CLB is measured.
4. Differences between the CELPIP and the IELTS
5. Final advice or tips for those taking the tests

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 IELTS really better than the CELPIP?”]

• Additional Resources:

  • Garret’s website: http://tu-easy.online 

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

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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/

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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/

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

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

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

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

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

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

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

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Read the Transcript

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

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

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

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

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

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

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

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

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

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

Alberta Opportunity Stream (AOS)

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

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

1. Residency status and work permit requirements

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

2. Occupation requirements

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

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

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

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

4. Education requirements

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

5. Work experience requirements

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

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

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

6. Income level requirements

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

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

[/spoiler]

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Do you need to get documents translated quickly for your immigration application? Are you struggling with who to choose and how to know if the person doing the translation is worth their salt? Tune in to this Episode where I interview the owner of one of the most respected translation and interpreter companies in Alberta. Not only will you come away with essential tips on how to choose a translator, but greater insight on how difficult it actually is to translate properly. Join me as we pull the curtains back on the mysterious world of document translation and interpretation.

In this episode of the Canadian Immigration Podcast, I caught up with Monica De Maria, the Owner and President of Giovanni Translation and Interpretation located in Calgary, Alberta.

Giovanni Translation & Interpretation was formed 37 years ago in Calgary, Alberta. The company has grown over the decades and now offers translation and interpretation services in over 60 languages to the federal, provincial and municipal governments, oil companies, law enforcement agencies, the Courts, law firms, insurance companies, medical professionals, and community organizations.

The company was founded by Monica’s parents and she has continued forward in maintaining the company as one of the most well respected translation and interpretation companies in all of Alberta and beyond. It was an absolute pleasure to interview Monica. As a lawyer or consultant advising on Canadian immigration matters, you are most assuredly going to have need of a translator or interpreter at some point in time.

Monica is a graduate of the University of Calgary, where she obtained a Bachelor of Science in Psychology with distinction and of the University of Ottawa, where she was granted a BA Honours in Translation Magna Cum Laude.

Following graduation, Monica launched her career as a professional translator and interpreter offering services in any combination of French, Spanish and English. She is recognized as a certified legal interpreter by both the Association of Translators & Interpreters of Alberta (ATIA) and the Alberta Court Interpreters Association (ACIA). She is also accredited by the Immigration and Refugee Board (IRB) as a French and Spanish interpreter and provides interpretation services to the IRB, Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (formerly known as CIC). She travels all over the province of Alberta to interpret at court proceedings and questionings.

In addition to her skills as a legal interpreter, Monica is also recognized as a French and Spanish medical interpreter. She completed the Health Care Interpreter program at Bow Valley College in both French and Spanish and interprets at hospitals and clinics and for Independent Medical Examinations. Moreover, Monica provides simultaneous interpretation services at conferences and for the government.

In this episode, we covered the following topics:

1. The history of her company and how Monica got into translation.
2. The difference between a certified and uncertified translator.
3. The most common documents Giovanni translates for immigration purposes.
4. The process involved in getting a document translated.
5. How interpreters work with the IAD and IRB
6. Tips for choosing a translator
7. Best practices for working with a translator to get your documents translated fast.

[Tweet “Essential tips on getting your immigration document translated fast“]

Links from the Podcast

1. The best way to reach Monica De Maria:
   • E-mail: gtiservices@shaw.ca
   • Phone: 403-542-7614
2. Monica’s company – Giovanni Translators and Interpreters: http://www.gti-services.ca/contact

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The Manitoba Provincial Nominee Program recently announced some pretty sweeping changes to come into effect in 2018. As the pioneer of PNP programs across Canada, the Province of Manitoba has always been a trend setter in developing creative ways to encourage settlement in their province. In this episode I invited back Canadian immigration lawyer Alastair Clarke to join me to talk about these changes.

Alastair began working with immigration issues as a student leader at the University of Victoria in 1996. For almost 20 years, Alastair has been active with immigrant communities. Alastair’s current legal practice encompasses all areas of immigration and refugee law.

Alastair joined my previously in Season 1 Episode 25 where we talked about his background and how he got into immigration in the first place. If you’d like to learn more about Alastair, I would encourage to you go back to this past episode to get to know Alastair a little better.

In this Episode we covered the following specific topics related to the recently announced changes to the Manitoba PNP:

1. What has been the focus of the MPNP over the past years?
2. What are the announced changes and how do they propose to change the program?
3. New focus on “in demand occupations.
4. New focus on STEM graduates.
5. Changes to the business stream.

[Tweet “Manitoba Provincial Nominee Program – Changes coming for 2018“]

Additional Resources:

• The best way to reach Alastair Clarke:
  • E-mail: info@apply2manitoba.ca
  • Alastair’s law firm Clarke Immigration Law: http://www.apply2manitoba.ca/
• Manitoba Provincial Nominee Program: http://www.immigratemanitoba.com/
• Announcement: Atlantic Immigration Pilot

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If  you are employed in athletics or the arts and are able to make a “significant contribution” to the cultural or athletic life of Canada, OR you have experience in farm management, and intend and are able to buy and manage a farm in Canada, this episode is for you.

In this episode I had the pleasure of catching up with Canadian immigration lawyer Peter Rekai who shared some fantastic insight on one of the most neglected permanent resident programs in the country…..the Self Employed category.

This episode was probably one of the most enjoyable I have done to date. Peter was a fantastic guest who shared some great stories from his early days of practice. We also talked about the way the practice of immigration law has changed over the years and how much we miss those good old days…..and yes, we also talked about the often neglected Self Employed category for obtaining permanent resident status in Canada.

Peter Rekai is a Barrister and Solicitor who, like many of my guests in Ontario, is certified by the Law Society of Upper Canada as a Specialist in Immigration Law. Peter’s firm, Rekai LLP, is one of the most well respected immigration law firms in Canada.

Over the past twenty-five years Peter has represented major employers, expanding new businesses and skilled individuals in dealing with Canadian immigration issues. He has a particular expertise in assisting trade and industry associations address comprehensive foreign worker strategies with the federal government.

Peter is a frequent lecturer at Immigration practice and international policy conferences and a regular op-ed contributor to major newspapers in Canada and the United States. He authored a study on Canadian and US immigration issues for the noted Canadian policy think-tank the CD HOWE Institute as part of its series on North American Relations (The Border Papers).

Peter has served in many capacities on the Immigration and Citizenship section of the Ontario Bar Association’s Immigration Section. He is a member of the Canadian Immigration Policy Research Council, a group providing policy input to Immigration, Refugees and Citizenship Canada.

In this episode Peter and I discussed the following topics:

• who is covered by the self employed category;
• how are athletes and artists able to qualify;
• what constitutes suitable experience;
• what amounts to significant contribution to Canada;
• how the point system works; and
• how to qualify as a farm manager.

[Tweet “How athletes and artists can immigrate to Canada.“]

Additional Resources:

• The best ways to reach Peter Rekai:
  • E-mail: peter@mobilitylaw.com
  • Phone: 416 960 8876
• Peter’s firm Rekai LLP: http://www.mobilitylaw.com/
• Self Employed PR Category: http://www.cic.gc.ca/english/immigrate/business/self-employed/index.asp

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

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

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

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

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

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

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

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

Additional Resources:

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

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

CIP S1 E17: Interview with Scott Bell – Show Notes

Welcome to Scott Bell and background information on his practice.

Q: How did you get into Immigration Law?

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

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

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

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

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

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

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

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

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

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

Q: How can people reach you?

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

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

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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

This is the first in a series of episodes focused on the Canadian Provincial Nominee Programs. If you are considering immigrating to the Province of Manitoba, this episode will give you essential tips and strategies on how to improve your chances of securing a Provincial Nomination from the MPNP.

In this episode of the Canadian Immigration Podcast, I spoke with Alastair Clarke who is an Immigration lawyer practicing in the Province of Manitoba located in the heart of Canada. While we touch on Alastair’s extensive experience, which encompasses all areas of immigration and refugee law, our main topic of discussion focuses on the Manitoba Provincial Nominee Program (MPNP). The Program is great for individuals who have connections to Manitoba, including family members, work experience, or study experience in the Province. However, without a solid connection, you will likely not have a viable shot at receiving a nomination.

Along with providing extensive insights into how the program works, Alastair touched on how it can be used to transition foreign workers (both low and high skill) into PR status in Canada. Alastair also shared his knowledge on the options available to those who may have a weaker connections to the Province.

During my interview with Alastair, we discuss the following areas:

• The Manitoba PNP
• Options for foreign nationals to immigrate with few connections
• How can the PNP be used to transition foreign workers
• Options for low-skill workers
• Where the MB PNP is headed in the future
• Practical tips for submitting applications to the MB PNP.

[Tweet “What options are available for immigration in your province?“]

Row of Granaries in Manitoba Canada Prairie

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.

3:57 – Who is Alastair Clarke?

11:28 – How he got into immigration.

16:30 – Overview of the Manitoba PNP.

18:37 – Are there any options available for foreign nationals to immigrate directly to MB without having first worked in the Province?

21:30 – How can the PNP be used to transition foreign workers to PR status in Canada?

26:52 – Are there any options for low-skill workers or is the program just restricted to skilled workers?

28:20 – Where do you see the MB PNP headed for the future? Any upcoming changes or things the listeners should be aware of?

39:06 – Top 3 practical tips for submitting applications OR Top 3 most common errors people make when submitting their applications to the MB PNP.

44:38 – How to contact Alastair Clarke.

Additional Resources:

• Clarke Immigration Law: http://www.apply2manitoba.ca/
• Alastair’s e-mail: clarke@apply2manitoba.ca
• Alastair’s Blog: http://www.apply2manitoba.ca/blog/
  • “Silly Rules” of Immigration Law: http://www.apply2manitoba.ca/repost-silly-rules-immigration-law/
  • MPNP: From Temporary Status to PR Status: http://www.apply2manitoba.ca/mpnp-temporary-status-pr-status/
  • MPNP: How to Apply …. and Tips: http://www.apply2manitoba.ca/mpnp-how-to-apply/
• Western Canada Line Dance Video: https://www.youtube.com/watch?v=hyanG4BelGg

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

CIP S1 E25 – Alastair Clarke | MB PNP | Show Notes

Alastair Clarke

Immigration lawyer practicing in the Province of Manitoba located in the heart of Canada.

Manitoba is clearly the second best province in Canada. I lived there with my wife and two kids while I was attending law school at the University Manitoba.  My whole career got its start at Robson Hall.

Welcome Alastair  thanks for joining us.

Why don’t I start off by telling our listeners a little bit about you?

Alastair was born and raised in Edmonton, Canada. He has worked and lived in more than 20 cities around the world including Winnipeg (current home), Toronto (Canada), Montreal (Canada), Kingston (Canada), Victoria (Canada), Vancouver (Canada), New York City (USA), Washington, DC (USA), Tokyo (Japan), Esmeraldas (Ecuador), Brussels (Belgium), Herstmonceux (UK) and Bordeaux (France). Alastair provides legal services in English, French, Spanish and Japanese.

Alastair Clarke: Legal Experience

Alastair began working with immigration issues as a student leader at the University of Victoria in 1996. For almost 20 years, Alastair has been active with immigrant communities. Alastair’s current legal practice encompasses all areas of immigration and refugee law, including Manitoba Provincial Nominee (MPNP) applications [ which is the topic we will be covering today], family sponsorships, another temporary resident applications.

In addition, Alastair has extensive experience conducting hearings and appeals at all levels of the Immigration and Refugee Board of Canada and at the Federal Court of Canada including many sponsorship appeals, deportation appeals, misrepresentation appeals, and a whole host of others.

Alastair and I have quite a few things in common. He was also a former Junior High School teacher before becoming a lawyer.

Alastair’s broad work experience helps his clients from every corner of the globe:

Canadian Embassy (Washington, DC; 2002 – 2003);

Inter-American Court of Human Rights (Costa Rica; 2003);

Global Youth Action Network (New York City; 2003 – 2004);

United Nations Millennium Development Goals Project (New York City; 2004);

Canadian Lawyers for International Human Rights (Kingston, Ontario; 2007);

Society of Professional and Graduate Students (Queen’s University; 2007-2008)

Ontario Bar Association Executive (Toronto, Ontario; 2007 – 2008);

Briefly Speaking/ JUST Editorial Board (Toronto, Ontario; 2005 – 2012);

Unison Health and Community Services Legal Aid clinic (Toronto, Ontario; 2009 – 2013)

Canadian Association of Refugee Lawyers (Toronto, Ontario; 2012 – present);

Manitoba Bar Association (Winnipeg, Manitoba; 2013 – present)

Alastair’s career in law focuses on social justice issues, professionalism and fighting to make sure people are treated fairly. After graduating from one of Canada’s top law schools, Queen’s University (Faculty of Law) in Kingston, Ontario, he articled at Green and Spiegel LLP, an immigration law boutique on Bay Street in Toronto, Ontario.

From 2007 to the present, Alastair has provided more than 50 presentations, on a volunteer basis, to community groups, lawyers and paralegals. In particular, he trained Legal Clinic staff at their annual training retreats in 2009 and 2010, funded by Legal Aid Ontario. In 2012, Alastair joined the faculty at Seneca College in Toronto and taught Immigration and Refugee Law to post-graduate students. In Winnipeg, Alastair has provided guest lectures to law students at the University of Manitoba (Faculty of Law).

How did you get into immigration?

Topics covered in the Episode:

• What is the Manitoba PNP – General Overview

• Are there any options available for foreign nationals to immigrate directly to MB without having first worked in the Province?

• How can the PNP be used to transition foreign workers to PR status in Canada?

• Are there any options for low-skill workers or is the program just restricted to skilled workers?

• Where do you see the MB PNP headed for the future? Any upcoming changes or things the listeners should be aware of?

• Top 3 – 5 practical tips for submitting applications OR Top 3 – 5 most common errors people make when submitting their applications to the MB PNP.

How can people reach you?

Clarke Immigration Law: http://www.apply2manitoba.ca/

Alastair’s e-mail: clarke@apply2manitoba.ca

Alastair’s Blog: http://www.apply2manitoba.ca/blog/

• “Silly Rules” of Immigration Law: http://www.apply2manitoba.ca/repost-silly-rules-immigration-law/
• MPNP: From Temporary Status to PR Status: http://www.apply2manitoba.ca/mpnp-temporary-status-pr-status/
• MPNP: How to Apply …. and Tips: http://www.apply2manitoba.ca/mpnp-how-to-apply/

Western Canada Line Dance Video: https://www.youtube.com/watch?v=hyanG4BelGg

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

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

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

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

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

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

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

Time Stamped Quick Reference Guide

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

7:47 – Who is Russ Weninger

19:49 – How he got into immigration

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

26:20 – Caps on low wage/skill workers

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

38:09 – Path ways to permanent residence

31:00- Why you need to maintain proper records

41:30 – The practical side of immigration? 

47:10 – Greatest influence on Canadian Immigration Policy

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

Additional Resources:

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

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

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

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

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

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

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 an international student seeking to study in Canada you will not want to miss this episode of the Canadian Immigration Podcast. Although getting accepted to a Canadian educational institution is no easy feat, it pales in comparison to the much more challenging process of securing your Canadian study permit. If you are in the process of filing your study permit application or have recently experienced a refusal and don’t know where to turn……you have got to listen to what x-immigration officer Dani Willets has to say about improving your chances of success. Although focused on Canadian study permits, this Episode can benefit anyone filing visitor visa or work permit applications just the same.

In this episode of the Canadian Immigration Podcast Accredited Immigration Consultant, Dani Willets, joins us to offer a unique perspective on Study Permits.  Dani was with the Department of Citizenship and Immigration for 25 years. She was originally hired as an Immigration Officer, but in the 10 years prior to retiring from the department was primarily an immigration supervisor. She has extensive experience in every inland immigration program and several overseas programs.

I was completely blown away by the knowledge and perspective Dani reveals regarding Study Permits. In this Episode she shared with us some tremendously useful information on assessing the bona fides of an application from an immigration officer’s perspective. She clarifies some common red flag areas that you need to avoid at all costs and examines the impact that fraud and other forms of misrepresentation has had on the adjudication process.  Although I say this in pretty much every Episode, the insight Dani shares  is truly “advanced and unique”. You truly can’t find this in any immigration law textbook or government website.

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

• Common problem areas with study permit applications
• How to demonstrate proof of financial support
• How an officer goes about assessing the bona fides of any temporary resident application (including visitor visas and work permits)
• Common red flag areas that officer’s see all the time

[Tweet “An insiders look at Study Permits with Dani Willets“]

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 topics covered in this episode.

2:59  – Who is Dani Willets?

11:29 – Study Permit Statistics

15:40 – Common Problem Areas

20:21 – Proof of Financial Support

22:52 – Assessing Bona Fides

23:31 – Red Flags and Refusals

31:30 – Why questions are asked?

32:45 – Reasons why having a professional helps

39:45 — Credibility and Fraud

45:30 – How to locate Dani Willets –tdwimmigration@gmail.com

Additional Resources:

• The best way to reach Dani Willets: tdwimmigration@gmail.com

Listen to Mark Holthe’s Canadian Immigration Podcast

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

CIP S1 E21: Podcast Show Notes – Dani Willets- Study Permits

Dani was with the Department of Citizenship and Immigration for 25 years. She was originally hired as an Immigration Officer, but in the 10 years prior to retiring from the department was primarily an immigration supervisor. She has extensive experience in every inland immigration program and several overseas programs.

In this episode of the Canadian immigration podcast we discussed Study Permits and some common areas of problem. If you are an individual or representative the unique perspective that Dani offers is extremely useful. Some of the specific areas covered include:

• Common Problem Areas
• Proof of Financial Support
• Assessing Bona Fides
• Red Flag Areas
• Interviews

[/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

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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

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

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

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

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

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

Some of the specific areas covered include:

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

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

4:54  – Who is Jeffrey Lowe?

14:25 – What is an LMIA?

19:00 – What is the Owner Operator LMIA?

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

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

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

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

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

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

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

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

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

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

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

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

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

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

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

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

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

Why?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“bad employers are punished for being bad employers.”

And who punishes them?

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

The market does.

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

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

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

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

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

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

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

Surprise, surprise…..wages go up!

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

They are put out of business.

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

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

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

Express Entry – What’s in it for the Government

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Closing comments and tying off loose ends

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

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

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

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

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

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

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

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

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

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

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

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

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

In this episode of the Canadian Immigration Podcast, I share with you where the CIP is headed into the future. I honestly believe this Episode is going to be the one that I look back on and recognize as the Episode that changed it all. Look out – Immigration, Refugees and Citizenship Canada, the CIP is going to pull back the curtain!

After attending the CBA’s National Immigration Conference in Vancouver last month, I had an epiphany. No longer am I going to hoard this Podcast all to myself.

Listen in to this Podcast if you want to know what I have in store for the Canadian Immigration landscape! I am unbelievably excited and I know that the future of Canadian Immigration will never be the same again.

Oh, and by the way…..here is a sneak peak into the amazing guests that are joining me in the coming weeks and months:

1. Ravi Jain, Green and Spiegel LLP: http://www.gands.com/canadian-immigration-lawyers/ravi-jain/
2. Rekha McNutt, Caron and Partners: http://www.caronpartners.com/rekha-p-mcnutt/
3. Marina Sedai, Sedai Law Office: https://immigrationcitizenshiplaw.com/our-team/marina-sedai/
4. Jeffrey Lowe, Lowe and Company: http://www.canadavisalaw.com/about-us/
5. Les Morley, Morley Law Office: http://www.lesmorley.com/leslie-h-morley-bio.html

[Tweet “Canadian Immigration World – Look out!“]

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

If you are a permanent resident of Canada considering on applying for Canadian citizenship, you are likely asking yourself….”why is it so dang hard to qualify?” Well… this Podcast is going to make your day just a little brighter! Chris Veeman, a well respected immigration lawyer based out of Saskatoon, Saskatchewan, shares some great insight on Bill C-6 and the Liberal Government’s proposed changes to Canada’s Citizenship Act and how these changes are going to make a lot of international students, foreign workers, and permanent residents a whole lot happier about their chances of becoming Canadian citizens.

It was a pleasure to have Chris Veeman on the Podcast as a guest. Having had the opportunity to appear as a witness before the Parliamentary Standing Committee on Citizenship and Immigration including recent changes to our Citizenship laws, Chris was the ideal choice to demystify what the Liberals have in store for us with Bill C-6: An Act to amend the Citizenship Act and to make consequential amendments to another Act.

If you are even considering applying for Canadian citizenship, you may just want to hold off until you have had a chance to hear what Chris has to say about the future of Canadian citizenship……this is a good news story.

UPDATE: It looks like the Liberals are hoping to get Bill  C-6 passed for a Canada Day celebration of Citizenship on July 1, 2016. However, it has to get through the Conservative dominated Senate first. See the following Hill Times article for more information: http://goo.gl/CW9wKu.

Highlights of what the Liberals are proposing to change with Bill C-6:

1. Repealing provisions in the Citizenship Act that allow for citizenship to be revoked on grounds that only apply to dual nationals.
2. Eliminating the requirement that citizenship applicants must intend to continue to reside in Canada.
3. Facilitating the pathway to citizenship for temporary residents by again allowing the time spent in Canada prior to becoming a permanent resident to count towards the physical presence requirement for citizenship.

[Tweet “Canadian Citizenship – Hear the good news on the horizon!“]

Additional Resources:

• The best way to reach Chris Veeman:
  • E-mail: chris@veemanlaw.com
  • Website: veemanlaw.com/wp
• Bill C-6: https://openparliament.ca/bills/42-1/C-6/ 
• Standing Committee Reports:  http://goo.gl/ZSsoGv

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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

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

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

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

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

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

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

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

Additional Resources:

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

Listen to Mark Holthe’s Canadian Immigration Podcast

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Read the Transcript

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

Canadian Immigration Podcast – Show notes

Season 1: Episode 14

Interview with Barbara Jo Caruso.

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

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

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

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

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

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

Lead in Question:

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

Issues to discuss:

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

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

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

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

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

Additional Questions:

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

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

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

Photo courtesy dolanh via Flickr.com

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

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

This was not the case.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Question for our Next Podcast

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

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