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

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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:

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

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

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

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

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

In this episode Rekha and I covered the following areas:

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

Sponsor:

• Canadian Immigration Institute – Founded by Immigration Lawyer Mark Holthe 

Affiliate Program:

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

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

• Additional Resources:

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

Listen to Mark Holthe’s Canadian Immigration Podcast

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Binge on all of our Canadian Immigration Podcast Episodes!

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

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If you are a Canadian citizen or permanent resident of Canada planning on sponsoring your “true love” from abroad listen to this Podcast BEFORE getting hitched! You won’t find this kind of insight anywhere! In this Podcast I had the pleasure of interviewing an amazing immigration lawyer and overall excellent guy, Ravi Jain of Green and Spiegel LLP in Toronto, Ontario. Ravi took some time with me to share some amazing insights into the pitfalls that exist within the Canadian spousal sponsorship application process.

IRCC makes the spousal sponsorship process seem so simple that you do not need to hire an immigration representative. Well Ravi and I pull back the curtain on spousals and give you an inside look into the most common things that people do to unwittingly set themselves up for rejection within the spousal sponsorship process.

If you don’t mind being separated from your spouse for 3 years or more, please go ahead and file your application without listening to what Ravi has to say. If you are one of those people that would like to be reunited with your spouse the first time you apply…then tune in and be amazed.

Well done Ravi….

The most important topics covered in my interview with Ravi Jain:

1. Strategies for inland v. outland filing
2. Bad faith marriages (the two tests)
3. Spousal open work permits
4. Appeal process
5. Processing times
6. Levels planning

[Tweet “Canadian Spousal Sponsorship – listen in and get it right the first time“]

Additional Resources:

• The best way to reach Ravi Jain: ravij@gands.com
• Green and Spiegel LLP: http://www.gands.com
• Spousal Sponsorship (outside Canada): http://www.cic.gc.ca/english/information/applications/fc.asp 
• Spousal Sponsorship (inside Canada): http://www.cic.gc.ca/english/information/applications/spouse.asp
• Ravi Jain’s Double: http://www.theatrewhynot.org/about/ravi-jain/

Listen to Mark Holthe’s Canadian Immigration Podcast

Topics for our Next Podcast

Read the Transcript

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

CIP S1 E17: Interview with Ravi Jain – Show Notes

Pleasure of having Ravi Jain – join me on the Podcast today.

Welcome Ravi

Introduction:

• Ravi is an immigration lawyer practicing in Toronto, Canada with the law firm of Green and Spiegel LLP (Partner)

• He is among the small percentage of immigration lawyers who are certified by the Law Society of Upper Canada as Specialists in Citizenship and Immigration Law.

• He has addressed the Canadian Senate as an expert witness on immigration law and appeared before the Senate Standing Committee on Human Rights.

• On November 27, 2012 Ravi was presented the Queen Elizabeth II Diamond Jubilee Medal by Command of Her Majesty The Queen in commemoration of the sixtieth anniversary of Her Majesty’s Accession to the Throne and in recognition of Ravi’s significant contributions to Canada

• Ravi practices all aspects of Canadian Immigration law:

• PR – spousals sponsorships , H&Cs PNPs, Express Entry
• TR – WP, SP, TRVs, PRRAs, TRPs
• Extensive litigation practice:
  • Immigration appeal work covers all three divisions of the IRB and Federal Court work
  • Successfully argued many cases, including:
    • Spousal Sponsorship – which is the topic we are going to delve into today.
  • In addition to the traditional law work he does, he:
    • Has been a guest lecturer at Seneca College and
    • Has lectured on US consular processing for the new York Chapter of AILA.
    • Speaks regularly at our national Conference including the past conference in 2016 in Vancouver where he was on the Advanced Family Class Panel which covered Spousal Sponsorships

Tell us how you got into immigration?

Let’s jump to our topic today, which is Spousal Sponsorship.

Someone sponsoring their true love from abroad.

IRCC wants it to appear so simple that anyone could do it. However, when things go wrong within the application process they go really wrong.

And when things go really wrong, the best place to have addressed those wrongs is at the very beginning of the application process before you even file.

But people don’t realize all of the pit falls and it is for that reason that I wanted to Bring Ravi on to share some insight with our listeners to hopefully enlighten them a little more so that they can better prepare themselves to filing one of the most important immigration applications someone could file to IRCC

1. Strategies for inland v. outland filing
2. Bad faith marriages (the two tests)
3. Spousal open work permits
4. Appeal process
5. Processing times
6. Levels planning

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

In this 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 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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Read the Transcript

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

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

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

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

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

So the big question is……

….where exactly are the Liberals headed?

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

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

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

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

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

So here we go….

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

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

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

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

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

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

Quote:

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

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

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

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

Restored Refugee Healthcare

3. Canadian Citizenship Act – revoked in part

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

4. Various Changes to Family Class Applications

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

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

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

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

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

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

Quote: 

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

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

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

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

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

5. Changes to Economic Class Applications

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

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

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

6. Possible changes to the Express Entry regime

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

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

TFWP

PNP,

EE

MM would like to see this reversed.

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

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

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

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

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

7. Proposed Overhaul of the Live-in Caregiver Program 

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

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

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

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

– Separation of immigration into CIC and CBSA in the past

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

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

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

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

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

10. What is in store for International Students?

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

Stage 1 – give more points to students under Express Entry

Stage 2- do other things to improve EE

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

[/spoiler]

Binge on all of our Canadian Immigration Podcast Episodes!

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

Ask Mark an Immigration Question

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

Subscribe to the Canadian Immigration Podcast

If you have enjoyed this podcast, please subscribe.

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

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.

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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

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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

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Have you ever wondered what goes through a Canadian Immigration Officer’s mind when they are assessing a spousal sponsorship application? In this episode I am joined by my good friend and colleague Billie Young as we walk you through a somewhat outlandish case study in order to illustrate the essential do’s and don’ts of spousal sponsorship.

In this episode of the Canadian Immigration Podcast, I play the role of Immigration Lawyer (Good Cop) and Billie Young plays the role of….. well, herself I guess (x-immigration officer / Bad Cop) as we go through a somewhat over-the-top case scenario of a Canadian man who is sponsoring his true love from the United Kingdom.

Billie and I had a lot of fun doing this Podcast as we debated the genuineness of this fictitious fact pattern. I attempted to use every ounce of my advocacy skills to convince Officer Young to approve the application. However, as the facts of their story slowly unveiled, it became increasingly difficult for me to win her over and convince her that this application was legit.

After a review of the immediate facts from their application, Officer Young decides she needs more information, so she sends a CBSA officer (in-land immigration enforcement) to the happy couple’s home to do a “bed check“. What the officer found was shocking! What you’ll learn about inland investigations will also be enlightening.

[NOTE: please remember this is all just a concoction of our imaginations. This is NOT the Border Security reality show on the National Geographic Channel.]

I did my best to draw out the positives of their relationship while minimizing the negatives; however, when Officer Young decided to call the couple in for an immigration interview, I really had my work cut out for me.

If you want to find out Officer Young’s final decision, you are just going to have to listen! 

In order to make it worth your while, we include at the end of the podcast, our Top 5 Tips for Strengthening Your Spousal Sponsorship Application.

[Tweet “Canadian Spousal Sponsorship from an x-immigration officer perspective“]

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Read the Transcript

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

PODCAST SPOUSAL SPONSORSHIP CASE SCENARIO

Background Information

Sponsor Robert is a Canadian citizen male age 55

Applicant Debra is a citizen of the UK female age 30

Met online through dating website May 2015

First time they met in person November 2015 and were married same month in the UK.

Debra was unemployed in the UK and minimal savings.

Robert – President of XYZ Fabrication

Debra has been refused entry into Canada as a non genuine visitor on a previous occasion.

Are now interested in submitting an application from within Canada under the SCLPC

Supporting Factors. 

joint bank account opened at TD Canada Trust bank. Statement provided is from December 2015 to present and lists both Robert and Debra’s name.

Utility bills are in the name of both Robert and Debra

The residential home is owned by Robert.

Statement of coverage from Alberta Health Care is addressed to Robert and provides coverage to Debra as a dependent.

Robert’s adult  children from previous marriage are aware of his new relationship.

Both Robert and Debra share same religious beliefs (Christian)

Both are fluent in English.

Factors weighing negatively not supporting bona fide marriage: 

do not share a bed together. Debra stays upstairs in her own room while sponsor has his own room on the main floor.

during the interview, there were no displays of affection toward each other, and this was also noted by lack of photos.

they do not have any children together and no plans for future family given the age of sponsor.

Over 20 years age difference

only two photos’ provided at interview and they were not of Debra and Robert together.

No formal engagement ceremony, family and friends of neither the Debra nor Robert attending the wedding.

the relationship and recent marriage has been kept a secret from the majority of their family and friends. Is has not been publicly declared and has been kept from friends and family only children of sponsor know.

there are no wills or beneficiary statements for either Debra or Robert for each other.

Factors concerning couples credibility that would need to be explained at interview possibly: 

both Robert and Debra said that they decided to get married so it would be easier to get across the border since Debra was refused entry previously. They were married less than a month later.

-was not truthful in answering border officers questions when entering Canada.

also Debra stated in the interview that as far as the family knows she is Robert’s caregiver [except her children, they know the truth about their relationship].

Debra has been reported for working without authorization by CBSA, and was advised by CBSA prior to entering Canada the requirements needed to be allowed to work in Canada.

The application for permanent residence supported Debra’s credentials as a personal care attendant but limited documentation was provided supporting her relationship to the sponsor.

also the Debra’s APR submissions went into great detail providing additional information about her educational credentials and experience as a personal care attendant and again very little information describing her relationship to Robert, her spouse.

during the interview, Debra was more upset about not being able to work in Canada at the present time, and possibly not being able to go home and visit because she would not have the money. When asked what would happen if application was refused calmly replied would move back home with her parents. When Robert was asked what he would do if the application was refused, he too replied that he was not sure

Applicants’ Opportunity to respond to concerns about relationship (after interview)

Explain lack of photos’: was because more recent photos’ of the two of them together are all boxed up but can provide them. Note: be prepared to provide photos and considerably more information to support relationship not within the application.

Is the age difference a problem: No Robert encourages Debra to go out on her own and exercise, play sports with her friends, because he is not able to keep up. Both do not believe that age is a factor.

Explain why did not answer officers’ questions truthfully when entering Canada: they were both tired, and just wanted to get home.

Explain why their relationship is a secret: they have not wanted to make their relationship public because Debra’s parents would not understand. Robert does not have a lot of close friends and his children were the only individuals he felt important to let know about his new relationship.

Why do you stay in separate rooms: Debra has always slept alone but they are still intimate.

Top 5 Things to Strengthen your spousal sponsorship application:

1. Include lots of supporting documents
   • Joint bank account
   • Beneficiary of employment benefits
   • Beneficiary on life insurance policy
   • Joint lease
   • Joint ownership in a home
2. Include lots of photos
   • IRCC may say photos can be altered; however, hard to fake different hair styles and a series of photos over a large period of time
   • Trips taken together
   • Make sure photos are of both people
3. Get to know each other’s family and friends
   • Have them provide reference letters confirming they know both of you and that you are a genuine and loving couple
4. Explain away any problem areas and how they are not a problem in your relationship
   • Age
   • Religious/ Cultural Background
   • Different language
   • Immigration incentive to getting married
5. Don’t rush off and file your application until you have a track record within your relationship
   • If met online and got married shortly after first in person meeting, ensure multiple in-person meetings before rush off to file application
   • Don’t blindly collect all of your supporting documents all within the week prior to submitting your application (i.e., wills, beneficiary on life insurance etc.)

[/spoiler]

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