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

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

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

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

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

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

Here is what we covered:

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

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

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

[Tweet “Canadian Immigration – Post Election 2019“]

Additional Resources:

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

Listen to Mark Holthe’s Canadian Immigration Podcast

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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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Listen to Mark Holthe’s Canadian Immigration Podcast

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

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

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

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

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

So the big question is……

….where exactly are the Liberals headed?

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

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

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

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

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

So here we go….

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

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

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

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

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

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

Quote:

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

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

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

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

Restored Refugee Healthcare

3. Canadian Citizenship Act – revoked in part

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

4. Various Changes to Family Class Applications

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

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

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

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

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

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

Quote: 

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

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

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

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

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

5. Changes to Economic Class Applications

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

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

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

6. Possible changes to the Express Entry regime

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

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

TFWP

PNP,

EE

MM would like to see this reversed.

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

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

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

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

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

7. Proposed Overhaul of the Live-in Caregiver Program 

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

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

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

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

– Separation of immigration into CIC and CBSA in the past

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

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

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

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

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

10. What is in store for International Students?

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

Stage 1 – give more points to students under Express Entry

Stage 2- do other things to improve EE

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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

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

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

1.    Current Inventories

2.   Top 10 occupations applying to the AINP

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

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

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

7.   IRCC challenging the AINP nomination.

8.  Standardization of the AINP program.

9.   AINP Participation in Express Entry

10.  Expect the AINP to close again in 2016

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

Listen to Mark Holthe’s Canadian Immigration Podcast

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

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

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

What every Temporary Foreign Worker must know before applying!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Employer Driven Streams

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

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

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

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

Manufacturing Industry                                  Over 40           February 4 – 10, 2016

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

Trucking Industry                                            Over 80           February 9 – 10, 2016

Strategic Recruitment Stream (SRS)

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

Engineering Occupations Category                Over 90           February 2 – 10, 2016

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

2. Top 10 Occupations:

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

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

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

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

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

– could be a problem

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

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

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

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

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

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

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

6. High Degree of certificate wastage

Why?

Applicants are also applying under EE

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

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

-having discussions to get around this with Gov’t

7. IRCC challenging the nominations

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

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

8. Standardization of the AINP program in process

Modernization of data base

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

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

9. AINP Participation in Express Entry

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

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

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

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

10. Expect the AINP to close again in 2016

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

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

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

[/spoiler]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They now faced a new problem.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Explore Additional Resources

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

Question for our Next Podcast

Ask Mark an Immigration Question

I answer questions periodically on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

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

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

….like watching Heartland.

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

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

Minister’s Message

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

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

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

New Commitments

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

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

Ongoing Commitments

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

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

What to look for within Economic Immigration

In short – not much change.

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

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

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

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

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

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

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

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

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

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

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

International Experience Class

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

Lifting of Visa Requirements for Mexico

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

Softening of the Ruthless Approach to Application Processing

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

Now doesn’t that just sound wonderful?

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

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

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

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

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

Explore Additional Resources

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

Upcoming speaking engagements you might like to attend

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

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

Question for our Next Podcast

Ask Mark an Immigration Question

I answer questions periodically on my podcast. If you have a question, comment, thought or concern, you can do so by clicking here. We’d love to hear from you. However, please remember that if your question is not general in nature, I will not be able to respond. You would need to book a paid consult through my law firm: www.ht-llp.com.

Subscribe to the Canadian Immigration Podcast

If you found this blog helpful, I’m sure you will love my Podcast. Check it out and if you have time, please rate it on iTunes and write a brief review. That would help tremendously in getting the word out and raising the visibility of the show. Share the Love

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

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

The general topics discussed include:

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

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

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

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

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

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

Listen to Mark Holthe’s Canadian Immigration Podcast

Explore Additional Resources

In this episode we mentioned the following resources:

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

Canadian Immigration Institute

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

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

Questions for our Next Podcast

Read the Transcript

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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

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

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

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

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

Listen to Mark Holthe’s Canadian Immigration Podcast

In this episode, you’ll discover:

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

Explore Additional Resources

In this episode we mentioned the following resources:

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

Canadian Immigration Institute

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

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

Questions for our Next Podcast

Read the Transcript

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

Canadian Immigration Podcast – Season 1 Episode 6

The New Liberal Government’s Immigration Reforms

How changes impact foreign workers and prospective immigrants?

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

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

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

Listener Questions:

Question 1

From: Hasanova

Subject: Immigration to Canada

Message Body:

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

Question 2

From: sagun

Subject: express entry and work permit

Message Body:

Hi,

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

Sincerely yours

sagun

Question 3

From: aruna

Subject: canada immigration

Message Body:

Is experience in banking consider as skilled work experience?

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

Report on Express Entry Pilot Course – Canadian Immigration Institute

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

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

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

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

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

• Stay tuned for more information in the coming weeks.

Questions for our Next Podcast

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

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

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

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

Links to Resources:

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

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

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

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

What’s so important about the NOC?

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

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

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

So how do you determine your NOC?

Let me show you how.

How to classify Canadian work experience (with an LMIA)

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

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

Illegal Work

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

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

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

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

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

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

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

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

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

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

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

You can search the 2016 NOC in the following ways:

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

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

STEP 2 – Search the NOC…

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

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

STEP 3 – Occupational Structure

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

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

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

STEP 4 – Confirming that you selected the right NOC

This is probably the most important step of all.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Completion of secondary school is “usually required”.

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

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

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

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

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

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

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

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

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

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

Wrapping things up

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

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

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

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

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

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

Explore Additional Resources

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